FEDERALLY IMPOSED TARIFFS_4-15-2025.pdf

Bureau of Purchase and Supplies 148 Martine Avenue Room 713 White Plains, NY 10601 Telephone: (914)231-1872 Fax: (914)231-1546 Website: westchestergov.com

WESTCHESTER COUNTY BUREAU OF PURCHASE & SUPPLIES

FEDERALLY IMPOSED TARIFFS

1. All pricing submitted in response to this solicitation must include any applicable import duties or tariffs imposed by the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law (the “Federal Government”). Vendors are responsible for ensuring that all such costs are incorporated into their bid submission.

2. All import duties or tariffs shall be itemized as separate line items in the bid submission, indicating both the applicable duty or tariff rate and the corresponding dollar amount. If the duty or tariff rate used exceeds the rate in effect at the time of bid opening, the County reserves the right to deem the bid non-responsive.

3. In the event the Federal Government imposes a new duty or tariff, or modifies a duty or tariff, after the award of the contract, on an imported good that results in an increase in the Contractor’s costs to a level that creates an undue financial hardship on the Contractor and renders performance of under this agreement impracticable, the County Purchasing Agent may, in her sole discretion, approve an increase to the purchase price for the affected good in an amount up to the actual total amount of the new or modified duty or tariff cost incurred by the Contractor.

4. The amount of the increase in the purchase price shall be in the sole discretion of the County Purchasing Agent.

5. Prior to the County Purchasing Agent approving a price increase pursuant to this Section, the Contractor shall provide to the County Purchasing Agent the following documentation, all of which must be satisfactory to the County Purchasing Agent:

a. evidence demonstrating: (i) the unit price paid by the Contractor as of the date of award for the good or raw material used to furnish the goods to the County under this Agreement, (ii) the applicability of the duty or tariff to the specific good or raw material, and (iii) the Contractor’s payment of the new or increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the County Purchasing Agent to verify that the duty or tariff is the cause of the price change.

b. a certification signed by the Contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the County at a lower cost from a different source located outside of the country against which the duty or tariff has been imposed.

c. a certification signed by the Contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the Contractor would otherwise be unable to perform under this agreement without such price increase because to do so would create a financial hardship.

6. If the County Purchasing Agent approves a price increase pursuant to this Section, the parties further agree to the following additional terms to this agreement:

a. During the Term and for five (5) years after the termination of this agreement, the Contractor shall retain, and the County and its authorized representatives shall have the right to audit, examine, and make copies of, all of the Contractor’s books, accounts, and other records related to this agreement and the Contractor’s costs for providing goods to the County, including, but not limited to those kept by the Contractor’s agents, assigns, successors, and subcontractors.

b. Notwithstanding anything to the contrary in this agreement, the County shall have the right to terminate this agreement for the County’s convenience upon 15 days’ written notice to the Contractor because of the price increase.

7. In the event an import duty or tariff is repealed or reduced, the Contractor shall promptly notify the County Purchasing Agent, and the increase in the County’s contract price shall be reduced by the same amount and adjusted accordingly. The Contractor shall also reimburse the County for any overpayment made by the County as a result of such import duty or tariff. The County Purchasing Agent also shall have the right to deduct from future payments under any contracts the County may have with the Contractor any funds the County may determine are owed to the County under this agreement.

8. Any material misrepresentation of fact by the Contractor relating in any way to the County’s payment of additional sums due to duties or tariffs shall be fraud against the taxpayer’s of the County and subject the Contractor to, among other things, civil penalties and treble damages pursuant to the New York False Claims Act.