7360023269AppendixC.docx

NYS Office of General Services NYS Procurement Group 73600 - Award 23269 Project Based Information Technology Consulting Services (Statewide) Appendix C – Contract Modification Form

Appendix C – Contract Modification Procedure (Revised 6/16/25)

The following guidelines are subject to change at the discretion of OGS. There are two types of contract modifications: updates and amendments. Contractor will submit a completed Contract Modification Form to the OGS Contract Manager.

Once a determination regarding the Contract Modification Form has been made by OGS, the OGS Contract Manager will notify the Contractor. A contract amendment requires a formally executed document, so upon approval of the Contract Modification Form for an amendment, the OGS Contract Manager will provide a contract amendment document to the Contractor. The Contractor must sign and return the document to OGS.

TYPES OF CONTRACT MODIFICATIONS

In order to expedite the processing of a contract modification where proposed changes involve more than one category noted below, each change shall be submitted to OGS as a separate request. Only one contract modification request (update or amendment) shall be submitted at a time. Additional requests may be submitted once Contractor has received the OGS response to the previously submitted request. If the request is approved, the Appendix C and requested modification will be returned to the contractor. This will help to ensure there will not be an overlap or discrepancy with the Appendix C.

UPDATES

“Updates” are changes that do not require a change to the established OGS Centralized Contract terms and conditions. Updates may include:

· Changes to Contractor contact information;

· Lowering pricing of services already on the OGS Centralized Contract;

· OGS Centralized Contract changes and updates made in accordance with the previously approved pricing structure;

· Adding new services within the established, previously approved pricing structure;

· Deleting services available through the OGS Centralized Contract;

· Other updates not listed above that are deemed to be in the best interest of the State and do not result in a change to the established Centralized Contract terms and conditions; and

· Changing the status of whether or not a Contractor is offering Cloud-Based Managed Services and/or Staff Augmentation (Vendors must opt in to this status to have these services approved on their pricelist).

Updates must be submitted to OGS for review and, if required, must be accompanied by a justification of reasonableness of price. OGS will notify Contractor in writing if approved.

CONTRACTOR CONTACT INFORMATION UPDATE

To update contact information, including but not limited to company name; website; Account Manager; Billing Contact; Emergency Contact; designated email address; and any phone number, physical address, or email address associated with any of the above, Contractor must submit:

1) Appendix C – Contract Modification Form; and

2) Attachment 21 – Contractor Information Update Form. All changes should be highlighted in red.

Both forms must be sent in Word document format electronically via email (and in hard copy if requested by OGS) to the OGS Contract Manager.

CONTRACTOR PRICELIST UPDATES

Commencing with the first anniversary date of the bid opening, and annually thereafter, the Contractor may update the pricelist to reflect Contractor price changes. Such price increases will only apply to the OGS Centralized Contracts and shall not be applied retroactively to Authorized User Agreements or any mini-bids already submitted to an Authorized User.

To submit a Pricelist Update request, Contractor must provide to OGS:

1) Appendix C – Contract Modification Form

2) Attachment 22 – Pricelist Update Form (in an Excel spreadsheet format electronically). The form must be dated and is available on the OGS PBITS website - Contractor Template Page. It should be used for:

· Services being added;

· Services being deleted;

· Price level increases; and/or

· Price level decreases.

3) Any associated electronic files.

Submission must be via email (and in hard copy if requested by OGS) to the OGS Contract Manager.

ADDING NEW SERVICES

Contractor is required to demonstrate that all the New York proposed prices are reasonable. The Contractor must submit an Attachment 22 – Pricelist Update Form and should include all referenced electronic contract files to demonstrate that the rates offered to NYS are at or below rates offered to other government customers.

Contractor should submit documentation from other government contracts to show price reasonableness. Contractors are encouraged to offer their best possible pricing.

Examples of acceptable documentation of reasonableness of price, in order of preference, are:

· Awarded NYS Centralized Contract pricelists;

· Approved federal contract pricelists, such as GSA Supply Schedules;

· Other NYS or Government Entity contract pricelists; or

· Paid invoices from Government Entities.

OGS reserves the right to independently review all other government contract pricing utilized by the Contractor and use it as a basis to determine reasonableness of price in accordance with this section.

Pricelist additions will take effect after review and approval by OGS of a complete submission.

DELETING SERVICES

Contractor may remove services from the pricelist with OGS Approval. Contractor must provide reasonable justification to OGS’s satisfaction that the removal of services is necessary.

PRICE DECREASES

Contractor shall be permitted to reduce their pricing any time during the Contract term. Additionally, some price decreases may be calculated in accordance with Appendix B, Section 13, Pricing.

CPI PRICE ADJUSTMENTS

On each anniversary date of the bid opening, the Contractor may request a rate change (increase or decrease) not to exceed the lesser of five (5%) percent, or the annual percent increase in the National Consumer Price Index - All Urban Consumers (CPI-U), Not Seasonally Adjusted, U.S. City Average, All Items (Series Id: CUUR0000SA0, CUUS0000SA0); as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. CPI-U data may be obtained at https://www.bls.gov.

The Contractor is solely responsible for notifying OGS Procurement Services that the Contractor wishes to receive the CPI Price Adjustment and to submit a request for the adjusted rate on the applicable bid opening date anniversary. Contractor shall provide a copy of the index, a completed Appendix C - Contract Modification Form, and other supporting documentation necessary to support the price adjustment to OGS Procurement Services.

Price adjustments using the CPI involve changing the base payment by the percent change in the level of the CPI for the current year compared to the previous year. This is calculated by first determining the index point change between the two readings and then the percent change. The price adjustment shall be calculated as follows: Take the CPI value in effect at the time of the price adjustment submission and subtract the CPI value for the same month in the prior year. The difference is then divided by the previous period CPI value and this result is then multiplied by 100 to equal the percent change which is the price adjustment value. This percentage change (increase or decrease) shall be applied to the next Contract year, upon release of a Contract addendum from OGS Procurement Services.

The following example illustrates the computation of percent change:

The “CPI for current period” shall be the index in effect at the of the anniversary of the bid opening (February 7, 2024); “CPI for previous period” shall be the index in effect one year prior. Increases are not cumulative. CPI price adjustments are limited to the prior year prices only.

OGS reserves the right to permit increases above the CPI rate if requested by the Contractor and when justification and reasonableness of price are provided. These requests will be considered in situations such as unforeseeable long-term or permanent industry-wide cost increases outside of the Contractor’s control, or where the increase is determined by OGS to be in the best interest of the state.

CPI price adjustments shall be submitted annually no earlier than 30 days prior to the anniversary of the bid opening date. Should the Contractor fail to make a request and submit supporting documentation to OGS Procurement Services within 90 days after the applicable anniversary of the bid opening date, the Contractor shall be deemed to have waived its right to adjust its price for that year. CPI price adjustments will take effect after review and approval by OGS of a complete submission.

CPI Price increases shall be effective upon final approval by the State and may not be posted on the Pricelist prior to receipt of final approval.

AMENDMENTS

“Amendments” are changes that are not specifically covered by the terms and conditions of the OGS Centralized Contract but inclusion is found to be in the best interest of the State.

Any request that would require changes to the terms and conditions of the OGS Centralized Contract would fall into the Amendments category. Amendments may include:

· Adding a lot;

· Removing a lot; or

· Other updates not listed above that are deemed to be in the best interest of the State and result in a change to the established Centralized Contract terms and conditions.

Contractor must provide a written statement explaining why it is in the best interest of the State to approve the requested Amendment. Amendments typically require negotiation between OGS and the Contractor. OGS will work directly with the Contractor to obtain the required documentation for each requested amendment and notify Contractor in writing if approved.

AMENDMENT REQUESTING TO ADD A LOT TO AN EXISTING CONTRACT

The PBITS Contract has been grouped into four (4) lots. Lot placement was determined by the individual Contractor’s response to OGS Solicitation #23269.

Lot 1A (Limited to NYS M/WBEs, NYS SBEs, and/or NYS SDVOBs) Up to $250,000

Lot 1B (Limited to NYS M/WBEs, NYS SBEs, and/or NYS SDVOBs) $250,001 - $750,000

Contractors wishing to add a lot to their existing Contract must adhere to the following requirements:

Minimum Qualifications

*Years of continuous operation must be immediately prior to the request to add a lot.

** Projects must be within scope for this contract, as per Agreement Section 1.2 – In-Scope Projects ***Vendor eligibility for this lot is limited to the following:

· Vendor is a New York State Certified Minority- or Women-Owned Business Enterprise

OR

· Vendor is a New York State Certified Service-Disabled Veteran-Owned Business

· A business enterprise, including a sole proprietorship, partnership, limited liability company, or corporation that is:

· At least 51% owned by one or more service-disabled veterans;

· An enterprise in which such service-disabled veteran ownership is real, substantial, and continuing

OR

· Vendor meets the definition of a New York State Small Business, which is as follows:

· A business which is resident in New York State, independently owned and operated, not dominant in its field and employs one hundred or fewer persons (see State Finance Law section 160(8))

Notwithstanding note ** in the table above, for the purposes of all qualifications listed in this section, contracts billed on a Time and Materials basis (T & M) and certain fixed price contracts may be used.

For the purposes of qualifications #1 (years of continuous operation) and #2 (years of experience providing IT Consulting Services) in each of the lots listed above, bidder experience in either a Prime Contractor or Subcontractor role may be used to demonstrate compliance with the qualification.

For the purposes of qualifications #2 (years of experience providing IT Consulting Services) and #3 (projects as Prime Contractor let by Government Entities) in each of the lots listed above, all IT projects submitted must be issued by and performed for a Government Entity. Bidders shall provide an electronic copy of the original fully executed Contract document including any amendments/extensions.

For the purposes of qualification #3 (projects as Prime Contractor let by Government Entities) in each of the lots listed above, subcontracting experience and subcontracts are specifically prohibited from being used to demonstrate compliance with the qualifications. Master indefinite delivery/ indefinite quantity (IDIQ) contracts shall not be used to demonstrate compliance with this qualification, though IT projects/task orders awarded against a master IDIQ contract may be used for this purpose.

Note: If bidder is relying on operations of a parent company, subsidiary, predecessor entity, or other entity for purposes of satisfying any of the three qualifications listed above, bidder is required to provide a full explanation describing such relationship and how it satisfies this requirement. OGS will determine whether such other entity experience satisfies this requirement and reserves the right to ask for additional information or require a Contract performance guarantee and/or other assurances from such other entity(ies) or the bidder.

Proof of minimum qualifications shall be provided by completion of Attachment 12 – Technical Submission and inclusion of any supporting documentation.

AMENDMENT REQUESTING THE ADDITION OF A LOT – SUBMISSION FORMAT

To submit a request for an amendment to add a lot, Contractor must provide to OGS:

1) Appendix C – Contract Modification Form;

2) An updated Attachment 12 – Technical Submission Form;

3) Any associated electronic files showing that Contractor has met the minimum qualifications for the added lot; and

4) Contractor’s insurance requirements (as applicable to the additional lot).

Submission must be via email (and in hard copy if requested by OGS) to the OGS Contract Manager. If OGS approves the addition of a new lot, a contract amendment will be prepared and forwarded to the Contractor for signature and will become effective upon OGS execution.

CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS

In addition to OGS’s reserved rights in the Contract, OGS reserves the right to:

· Request additional information;

· Reject contract modifications;

· Remove services from contract modification requests;

· Request additional discounts for new or existing services;

· Conduct additional research and request additional information to assess the reasonableness of pricing; and

· Require the Contractor to lower its offered pricing to that which OGS has determined to be reasonable and to remove items from Contractor’s pricelist which are out of scope or for which pricing is determined not to be reasonable.

SUBMISSION OF MODIFICATION REQUESTS

A contract modification request must be accompanied by a completed Appendix C – Contract Modification Form. Contractor should briefly describe the nature and purpose of the contract modification. The Contract Modification Form must contain original signatures by an individual authorized to sign on behalf of Contractor and must be notarized*. An electronic copy of the Contract Modification Form must be emailed to OGS. However, OGS may require, at its own discretion, an original hard copy of the Contract Modification Form.

NYS Office of General Services NYS Procurement Group 73600 - Award 23269 Project Based Information Technology Consulting Services (Statewide) Appendix C – Contract Modification Procedure

* - Contract Updates consisting only of one or a combination of: 1. updating contractor contact information, 2. changing cloud-based managed services status, and/or 3. changing staff augmentation status, do NOT require notarization.

June 2025 Appendix C Contract Modification Form

NOTE: Submission of this form does not constitute acceptance by the State of New York until approved by OGS.

INSTRUCTIONS:

1. This form shall be used for all contract modifications. Any submission that is not complete, signed, and notarized* may be rejected.

2. This form shall be completed in full, signed, notarized*, and submitted to OGS for final approval at:

STATE OF NEW YORK

OFFICE OF GENERAL SERVICES

Corning Tower – 38th Floor Empire State Plaza Albany, New York 12242

3. Contractor shall submit the services, price information, and/or Contractor contact information for the contract modification electronically via e-mail using the appropriate forms (and in hardcopy if requested by OGS) to the OGS Contract Manager for this Contract.

4. Price increase requests must be submitted in accordance with the OGS Centralized Contract terms and conditions.

5. If more than one type of modification is being requested, each type should be submitted as a separate request.

6. OGS will return a copy of this form to the Contractor with the results of the OGS review.

|_| Pricing change within the established pricing methodology |_| Adding new service(s) within the established pricing methodology |_| Deleting service(s) |_| Changing Cloud-Based Managed Service status* |_| Changing Staff Augmentation status* |_| Other update:

|_| Lot 1A - For projects up to $250,000 total |_| Lot 1B - For projects between $250,001 and $750,000 total |_| Lot 2 - For projects between $750,001 and $10,000,000 total |_| Lot 3 - For projects between $10,000,001 and $30,000,000 total |_| Removing a lot |_| Other amendment:

Attached Documentation Includes:

|_| Current approved GSA pricelist (labeled “For Information Only”) |_| Current copy of the “National Consumer Price Index for All Urban Consumers (CPI-U) Northeast Region” |_| Current relevant pricelist (labeled “For Information Only”) |_| Revised NYS pricelist in same format as Pricelist Update Form |_| Contractor Information Update |_| Technical Submission Form |_| IT Consultant Service Contracts for meeting minimum lot requirements |_| Other documentation:

Describe the nature, purpose, and necessity for the contract modification. (Attach additional pages if necessary)

By signing the following ACKNOWLEDGEMENT statement, you certify your express authority to sign on behalf of yourself, your company, or other entity. The authorized Contractor representative’s signature must be notarized*.

* - Contract Updates consisting only of one or a combination of: 1. updating contractor contact information, 2. changing cloud-based managed services status, and/or 3. changing staff augmentation status, do NOT require notarization.

Signature of Authorized Vendor Representative

ACKNOWLEDGEMENT

STATE OF }: ss.:

COUNTY OF }

On the _____day of __________________in the year 20____, before me personally came: _______________________, to me known, who, being by me duly sworn, did depose and say that _he maintains a business in _______________; that _he is the __________________________ of _____________________________________________________, the corporation/ partnership/ Limited Liability Company described in the above instrument; that, _he is authorized to execute the foregoing instrument on behalf of the corporation/ partnership/ Limited Liability Company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation/ partnership/ Limited Liability Company as the act and deed of said corporation/ partnership/ Limited Liability Company.

Notary Public

OGS APPROVAL

Only Required for Updates OGS Approval for Amendments will be Executed on a Separate Document

|_| Approved |_| Disapproved