Due Qualification The Servicer is duly qualified to do business as a foreign corporation in good standing, and has obtained all necessary material licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) shall require such qualifications, except where the failure to be so qualified or to have obtained such licenses or approvals would not have a material adverse effect on the Servicer’s earnings, business affairs or business prospects.
Minimum Qualifications Based on the Contractor’s submission, OGS has determined that Contractor met the minimum qualifications for the lot(s) as identified in Appendix G, Contractor and OGS Information. If Contractor is awarded Lot 1 as a New York State Certified Minority- or Women- Owned Business Enterprise or as a New York State Small Business, Contractor agrees that it must retain at least one of such statuses to retain its Lot 1 award. Should a Contractor no longer retain at least one of such statuses, OGS shall suspend its Lot 1 award and the Contractor shall not be able to respond to Authorized User’s requests. If the Contractor fails to regain at least one of the statuses within 90 calendar days and provide OGS with documentation of such status, then its Lot 1 award shall be terminated. Any transaction awarded prior to Contractor’s loss of such statuses may continue until completion, unless otherwise terminated in accordance with this Contract. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Minimum Qualifications Qualification # 1 Qualification #2 Qualification # 3 Continuous Operation (Years)* Experience delivering IT consultant services to Government Entities (Years) Number of Projects as Prime Contractor let by and performed for Government Entities Earliest Execution Date for all qualifying Projects Minimum qualifying dollar value per Project Lot 1** 2 2 2 06/01/2011 $25,000 Lot 2 4 4 5 06/01/2010 $125,000 Lot 3 8 8 5 06/01/2006 $5,000,000 Prime or Subcontractor/Reseller experience acceptable Prime experience acceptable only *Years of continuous operation must be immediately prior to this Solicitation Release date (as listed in 1.4 Key Dates) **Vendor eligibility for this Lot is limited to the following: Vendor is a New York State Certified Minority- or Women-Owned Business Enterprise • Vendor is a New York State Certified Service-Disabled Veteran-Owned Business o A business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is: (a) at least fifty-one percent owned by one or more service-disabled veterans; (b) an enterprise in which such service-disabled veteran ownership is real, substantial, and continuing Vendor meets the definition of a New York State Small Business which is as follows: o A business which is resident in New York State, independently owned and operated, not dominant in its field and employs one hundred or less persons (see State Finance Law section 160(8)) For the purposes of demonstrating all minimum qualifications listed in this section, examples of acceptable projects/contracts that may be used are as follows: contracts billed on a Time and Materials Basis (T & M); IT Projects/task orders awarded under an indefinite delivery/ indefinite quantity (IDIQ) master contract and Certain other fixed price, deliverable based contracts may be used. For the purposes of qualification #1 (Years of continuous operation) and #2 (Years of experience providing IT Consulting Services) in each of the lots listed above, experience in either a Prime Contractor or Subcontractor/Reseller 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 “let” by and performed for a Government Entity as defined in section 1.4 - Definitions. Any amendments/extensions to an original contract with a Government Entity submitted should be accompanied by an electronic copy of the original fully executed contract document. Please note: the earliest execution date for qualifying projects is based on the original contract execution date and not the execution date of the amendment or extension. For the purposes of qualification #3 (Projects as Prime Contractor let by Government Entities) in each of the Lots listed above, subcontracting and reseller experience are specifically prohibited from being used to demonstrate compliance with the qualifications. Master 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.