21
Commissioner of DHSES, or his or her designee, to present evidence of its continuing
legal authority to do business in New York State, integrity, experience, ability, prior
performance, and organizational and financial capacity.
F. Satisfactory Progress
Satisfactory progress toward implementation includes but is not limited to; executing contracts and
submitting payment requests in a timely fashion, retaining consultants, completing plans, designs,
reports, or other tasks identified in the work program within the time allocated for their completion.
DHSES may recapture awarded funds if satisfactory progress is not being made on the implementation
of a grant project.
G. General Specifications
By submitting the application, the applicant attests that:
1. Applicant has express authority to submit on behalf of the applicant’s agency.
2. Submission of an application indicates the applicant’s acceptance of all conditions and
terms contained in this RFA, including Appendices A-1 and C, and all other terms and
conditions of the award contract.
3. The application and any resulting grant, if awarded, must adhere to, and be in full
compliance with any, resulting contract(s) and relevant federal and states policies and
regulations or be subject to termination.
4. Any not-for-profit subrecipients are required to be prequalified, prior to contract
execution, by the State of New York upon application submission through the New York
State Grants Gateway (https://grantsgateway.ny.gov)
5. If your organization is not currently doing business with NYS, you will need to submit a
Substitute W-9 form to obtain a NYS Vendor ID. The form is available on the Office of
the State Comptroller website at: http://www.osc.state.ny.us/state-agencies/forms.
6. Contract Changes - Contracts with applicants/subrecipients may be executed,
terminated, renewed, increased, reduced, extended, amended, or renegotiated at the
discretion of the Commissioner of DHSES, in light of applicants/subrecipients
performance, changes in project conditions, or otherwise.
7. Records – Applicants/subrecipients must keep books, ledgers, receipts, work records,
consultant agreements and inventory records pertinent to the project; and in a manner
consistent with DHSES contractual provisions and mandated guidelines.
8. Liability - Nothing in the contract between DHSES and the applicant shall impose liability
on the State of New York or DHSES for injury incurred during the performance of
approved activities or caused by use of equipment purchased with grant funds.
9. Reports - A provider agency shall submit to the DHSES reports in a format and time
schedule specified in the grant contract, which shall include a description of the
program efforts undertaken during the report period and the current status of the
project.
10. Tax Law Section 5-a Certification – In accordance with section 5–a of the Tax Law, sub-
recipients will be required, prior to the approval of any contract awarded as a result of
this RFA, to certify that it and its affiliates, subcontractors, and subcontractors’ affiliates
have registered with the New York State Tax Department for the purpose of collection
and remittance of sales and use taxes. In order to trigger this certification requirement,