Common use of Responsibility for Subcontractors Clause in Contracts

Responsibility for Subcontractors. The Contractor will be considered the "prime" Contractor and shall be fully responsible for all performance of the Contract, including any services performed by subcontractors or products provided by subcontractors. The Contractor shall not in any way be relieved of any responsibility under the Contract by any subcontract. The Contractor shall be solely responsible to the State and to any applicable Authorized User for the acts or defaults of any subcontractors or of such subcontractors’ officers, agents, and employees, each of whom shall for this purpose be deemed to be the agent or employee of the Contractor to the extent of its subcontract. OGS reserves the right to require the Contractor to provide evidence of any subcontractor’s financial stability (e.g., financial statements) and technical qualifications (e.g., resumes, references, and qualifications) at any time during the Contract term, and reserves the right to withdraw prior approval of a subcontractor in the best interest of the State or for cause, or upon a finding of non-responsibility. Contractor shall inform each subcontractor fully and completely of all provisions and requirements of the Contract, and Contractor shall require that each subcontractor pass through all terms and conditions of the Contract, including but not limited to Appendix A, to any lower tier subcontractors.

Appears in 4 contracts

Samples: online.ogs.ny.gov, online.ogs.ny.gov, online.ogs.ny.gov

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