Vendor Agreement Changes

Programs: EmPower+
To: Participating Appliance Vendors
Summary: Vendor Agreement Changes
Questions: If there are any questions or you would like to change your participation status send an email to [email protected]

The following changes have been made to the Appliance Vendor Agreement and are applicable to all current Vendors. These changes became effective June 3, 2024. The Vendor Agreement can be reviewed in full in Section 2 of the Program Manual. For existing Vendors, no action is required on your part to continue your participation.

Should you no longer wish to participate in the Program, or if you have any objection to continuing participation in the Program under these terms and conditions, please provide notice to NYSERDA by emailing [email protected] no later than June 21, 2024.

Section 1. Program Requirements

Language updates were made to the following sections:

• The Vendor shall adhere to the incentive cap schedule of as provided in Section 5.5 of the Program Manual .  This schedule is subject to change based upon 30-days written notice from the Program. 

• The new model must be the same size (cubic feet) as the existing model and must be ENERGY STAR®.

• All Participating Contractors, Vendors and Subcontractors performing work in association with NYSERDA’s programs are required to comply with the policies and procedures outlined in the  New York State Information Classification Policy (NYS-S14-002) . In addition, the New York State Information Security Policy (NYS-P03-002)  sets forth the minimum requirements, responsibilities, and accepted behaviors to establish and maintain a secure environment to achieve the State’s information security objectives. In general, when corresponding with Program participants, Implementation Contractors, and NYSERDA, use the NYSERDA External Contractor Data Security and Controls Policy to determine the type of Customer information that can be shared based on the platform being used. To minimize the occurrence of incoming emails containing confidential information, please instruct Program participants to redact utility account numbers, social security numbers and bank account numbers if you are requesting documents containing this information. Vendors who fail to comply with the NYSERDA External Contractor Data Security and Controls Policy will be subject to disciplinary action.
• The Vendor is familiar with and will comply with NYSERDA’s Code of Conduct for Contractors, Consultants, and Vendors¹ with respect to the performance of this Agreement, including, but not limited to, the provisions that ensure the appropriate use of public funds by requiring Contractors, Consultants and Vendors to refrain from policy advocacy on behalf of NYSERDA unless explicitly authorized, and in the manner described, under the terms of their Agreement; and to refrain from providing advocacy positions or opinions of their own that could be construed as those of NYSERDA;

¹ Code of Conduct for Contractors, Consultants, and Vendors can be found at https://www.nyserda.ny.gov/About/Board-Governance

In addition, the Vendor must follow the policies and procedures found on the Doing Business with NYSERDA webpage at https://www.nyserda.ny.gov/About/Doing-Business-with-NYSERDA, as amended and superseded.

Section 2. Project Requirements

Language updates were made to the following sections:

3. To the greatest extent practicable, all equipment and products purchased with funds made available for the Program should be American-made.

22. Vendor shall maintain a policy for QA, for resolution of Program participant complaints or disputes, and for response to Program participant emergencies. The policy shall include protocols for a timely response, identification of responsible parties, documentation of corrective actions, results, and a means of identifying and addressing systemic issues. Vendor agrees to make this policy available to NYSERDA or its Program Implementer for review and approval upon request.