Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows: (a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;] (b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract; (c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract; (d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument; (e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and (f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
Appears in 70 contracts
Sources: Subcontractor Agreement, Subcontractor Agreement, Subcontractor Agreement
Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows:
(a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business or Veteran Business Enterprise by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;]
(b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract;
(c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract;
(d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument;
(e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and
(f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
Appears in 26 contracts
Sources: Subcontractor Agreement, Subcontractor Agreement, Subcontractor Agreement
Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows:
(a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;]
(b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract;
(c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract;
(d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument;
(e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and
(f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
Appears in 3 contracts
Sources: Subcontractor Agreement, Subcontractor Agreement, Subcontractor Agreement
Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows:
(a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;]
(b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract;
(c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) organization has the power and authority to own its properties and to carry on business as now being conducted, and (iii) conducted has the power to execute and deliver this Subcontract;
(d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument;
(e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and
(f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
Appears in 1 contract
Sources: Subcontractor Agreement
Subcontractor Representations. Subcontractor represents and warrants to Contractor PH MCO as follows:
(a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;]
(b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract;
(c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract;
(d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument;
(e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and
(f) Subcontractor is not under suspension or debarment and has not been precluded from participation in any federally funded health care program by the Commonwealth or any other governmental entity, instrumentality or authority.
Appears in 1 contract
Sources: Subcontractor Agreement
Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows:
(a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;]
(b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract;
(c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract;
(d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument;
(e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and
(f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authorityauthority and has not been precluded or excluded from participation in any federally funded health care program.
(g) Subcontractor is not and will not provide enrollment services or choice counseling services as a contractor or subcontractor during the term of the Agreement.
Appears in 1 contract
Sources: Subcontractor Agreement
Subcontractor Representations. (a) Subcontractor represents and warrants that: all information provided by it to Contractor as follows:
(a) regarding its experience, skills and qualifications to perform the services set forth on Schedule A are true, accurate and complete; Subcontractor is self-certified not restricted by any contractual agreement which would preclude it from performing the services set forth on Schedule A; and Subcontractor has sufficient personnel as a Small Business in accordance with are necessary for it to perform the requirements and procedures established services required by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;]this Agreement.
(b) Subcontractor possesses represents and warrants that it is an independent business organization authorized to do business within the necessary knowledgeState of New York and elsewhere to the extent required by Schedule A, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract;that Subcontractor’s Tax Identification Number is _.
(c) Subcontractor (i) is duly organizedrepresents and warrants that: all of the personnel that it supplies to work on the Project pursuant to this Agreement are employees of Subcontractor; Subcontractor maintains workers compensation insurance coverage for all such employees; it deducts and withholds all applicable income and payroll taxes on behalf of such employees, validly existing makes required unemployment contributions, remits all sums due and in good standing under owing to the laws of applicable governmental authorities; and it will keep and maintain all records required by law respecting its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract;compliance with these legal obligations.
(d) The execution Subcontractor represents and performance by warrants that Subcontractor is solely responsible for the payment of all taxes or fees, including, but not limited to, estimated income, employment and self-employment taxes, if applicable, respecting its employees. Subcontractor is solely responsible for any payments for workers’ compensation, disability or other insurance in connection with the provision of the terms and provisions of Services by Contractor under this Subcontract have been duly authorized Agreement. No amount will be deducted or withheld from Subcontractor’s compensation for state, local or federal taxes. No income, Federal Insurance Contributions Act (“FICA”), Federal Unemployment Tax Act (“FUTA”) or state unemployment taxes or other employment taxes will be payable by the Contractor’s payroll representative, Contractor shall pay all requisite actionsums due to Subcontractor pursuant to Subcontractor’s approved invoice. Under no circumstances shall Subcontractor seek payment directly from Client or communicate with Client regarding any invoice, and neither paid or unpaid.
(c) In the execution nor instance that the performance of this Subcontract by Subcontractor will violate any provision of lawSubcontractor’s candidate should be offered a permanent position directly with the client company, any order of any court or other agency of government, outstanding invoices will be paid and no additional fees will be owed upon this conversion to the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument;
(e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and
(f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authoritySubcontractor.
Appears in 1 contract
Sources: Subcontractor Agreement