NYC 9/11 Public Portal Document
RYC-DEP Information For Bidders and Supply & Service Agreement
(Rev._ 11/93)
The Contractor’s performance shall be evaluated by the City upon the occurrence of the
‘substantial completion of this contract. A copy of the evaluation wil! be sent to the Contractor
not later than fifteen (15) calendar days after the occurrence of these events and the Contractor
may fespond in writing to the performance report. Such responses shall be submitted to the
Project Manager not later than fifteen (15) calendar days after 2 copy of the evaluation is sent
to the Contractor. The response will be affixed to the evaluation. Failure to respond may result
in review of Contractor’s performance when a bid is- evaluated without the benefit of
Contractor’s response to the report.
ARTICLE 16 - TAX EXEMPTION
Attention is specifically called to the New York State Tax Law, Sections 1115 (a) (15)
and 1116 (a) (1), which exempts from New York State Sales Tax and Compensation Use Tax,
and Administrative Code of the City of New York Sections 11-2006 and 11-2007 which exempts
from the New York City Sales tax, the purchase of materials required by this contract, except
materials consumed by the Contractor in the performance thereof. Therefore, the Contractor,
when bidding, should not inctude amount to cover such New York State or New York City taxes
in the sale price.
The City of New York (City) is exempt from payment of Federal, State, local taxes and
Sales and Compensating Use Taxes of the State of New York and of cities and counties on all
materials and supplies sold to the City pursuant to the provisions of this contract. These taxes
are not to be imctuded in bids. However, this exemption does not apply to tools, machinery,
equipment of other property leased by or to the Comtractor or a subcontractor, or to supply and
(consumable supplies), and the Contractor and his subcontractors shall be responsible for and
pay any and all applicable taxes, including Sales and Compensating Use Taxes, on such leased
tools, machinery, equipment or other properry and upon all such unincorporated supplies and
materials.
The Contractor agrees to sell and the City agrees to purchase all materials required, other
than consumabie supplies, necessary or proper for or incidental to the construction of the work
covered by this Contract.
1. The sum paid under this Agreement for such materiais shall be and is deemed 10
be in full payment and consideration for the sale of such materials under this Agreement. The
Comtractor agrees to construct the work and to perform all work, labor and services, and the
sum so paid pursuant to this agreement for such work, labor and services, shall be and is
deemed to be in full consideration for the performance by the Contractor of all his duties and
obligations under this Agreement in connection with said work and labor.
The purchase by the Contractor of the supplies and materials sold hereunder shall be 2
purchase or procurement for resale and therefore not subject to the New York State or New
York City sales or compensating use taxes or any Such taxes of cities or counties. The sale of
such materials by the Contractor to the City, which is a political subdivision of the State of New
44
NYC-WTG_000154175
OCR can misread numbers and units. Confirm readings against the page image before using them.