NYG 9/11 Public Portal Document
NYC-DEP Information For Bidders and Supply & Service Agreement
(Rev._11/93)
C. Time for Certification. The Contractor must certify that the cost or pricing data
submitted are accurate, complete, and current as of a mutually determmed date.
D. Refusal to Submit Data. When any contractor refuses to submit the required data to
Support a price, the Contracting Officer shall not allow the price.
E. Certification of Current Cost or Pricing Data. Form of Certificate. In those cases
when cost or pricing data is required, certification shall be made using a certificate substantially
Similar to the one contained in Chapter 4 of the PPB rules and such certification shall be retained
im the agency contract file.
F. if the City finds that a price or cost reduction should be made, the Contractor agrees
not to raise the following matters 2s a defense:
(a) The Contractor was 2 sole source supplier or otherwise in a superior bargaining
position and thus the price of the comtract would not have been modified even if accurate.
(>) The City should have known that the cost or pricing data in issue were defective even
though the contractor took no affirmative action to bring the character of the date to the
attennion of the City;
(c) The contract was based on an agreement about the total cost of the contract and there
was nO agreement about the cost of each item procured under the contract.
17.2 METHODS OF PAYMENT. FOR EXTRA WORK
Esara work for which there are applicable contract unit prices will be paid for at such
unit prices. Where there gre no applicable contract unit prices, subject to audit by the
Department of Environmental! Protection and subject to post audit by the Comprroller, the price
to be paid for extra work ordered pursuant to Article 17, and performed by the Contractor with
his own forces, shall be the actual and reasonable cost of:
(3) Necessary materials (includmg transportation to the site); plus
(2). Necessary direct labor; plus
(3) All insurance required by reason of the performance of the extra work; plus
(4) Payments required to be made to labor organizations under existing labor
agreements; plus
(5) Sales and persona! property taxes, if any, required to be paid on materials
mmcorporated im such extra work; plus
(6) Maintenance, operation and rental of, or reasonable rental value of Contractor
owned, necessary plant and equipment other than small tools (including gas, oil, coal,
electric current, ete.), plus .
(7) Necessary imstallation and dismantling of such plant and equipment (inciuding
transportation to and frorn the site), if any items, plus
(8) Ten (10) percent of the total of Items 1 through 7 as compensation for all other
items of cosi or expense including administration, overhead, general superintendence, and
small tools; plus
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NYC-WTC_000154180
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