2425 South Animal Science Rebid -Bid packet with Schedule 1.pdf

SOUTH ANIMAL SCIENCE SUPPLIES BID

Documents Included:

Legal Notice to Bidders Instructions to Bidders General Specifications

Exhibit A, B and C Appendix A

And Schedule 1 - Bid Forms Packet

**New Terms and Conditions: Section 16 - Price Adjustment** ***Electronic Bid Submission Instructions have been updated***

Bids to be Opened: May 24, 2024

Time: 9:00 am

Place: Genesee Valley BOCES 80 Munson Street LeRoy, NY 14482

Please note regarding Emergency Closing:

In the event that the LeRoy Services Center located at the address above is closed due to an emergency closing such as inclement weather, the bid opening will be held on the next business day at the same time noted in this bid; bids will be received until this time. However, emergency closings will not affect electronic bid submission date.

Vendor # ________________

(GVBOCES USE ONLY)

Board of Cooperative Educational Services Genesee-Livingston-Steuben-Wyoming Counties

LEGAL NOTICE TO BIDDERS

The Board of Cooperative Educational Services of Genesee -Livingston-Steuben-Wyoming

Counties in the Village of Le Roy, (In Accordance with Section 103 of Article 5 - A of

General Municipal Law) hereby invites the submission of Sealed Bids for:

South Animal Science Supplies.

All bid documents for sealed bid submission may be obtained by emailing the

Business Office at: adminpurch@gvboces.org, or go to our website: www.gvboces.org

(Locate “Services and Management” tab, then “Bid Information” tab and select appropriate bid name). Sealed Bids will be accepted until 9:00 am, on May 24, 2024 at the Genesee Valley BOCES, 80 Munson Street, Le Roy, NY 14482.

All bid documents for electronic bid submission may be obtained at:

www.bidnetdirect.com/genesee-valley-boces Electronically submitted bids need to be uploaded to BidNet Direct: www.bidnetdirect.com/genesee-valley-boces by 9:00 am, on

May 24, 2024. Online bidding system closes at exactly 9:00 am. Please allow sufficient time to upload your documents. Late submittals will not be accepted.

Bid documents obtained from any other source are not considered official copies.

All bid submissions will be publicly opened and read beginning at 9:00 am.

The Board reserves the right to reject any and all bids.

By: Christine Ceru, Purchasing Agent

Date: April 18, 2024 http://www.bidnetdirect.com/genesee-valley-boces

INSTRUCTIONS TO BIDDERS

These instructions shall be part of the bid specifications. Failure to read and understand all the instructions and specifications in the bid will not exempt an awarded vendor from compliance with those instructions and specifications.

1. Read all bid documents contained in this package to ensure bid compliance including Schedule 1 – Bid Forms

Packet.

2. Copies of bid documents may be obtained through the Business Office located at 80 Munson Street, Le Roy, NY 14482 or our website: www.gvboces.org. Bid documents for electronic submission can be obtained at:

www.bidnetdirect.com/genesee-valley-boces Bid documents obtained from any other source are not considered official copies.

3. All submitted documents shall remain the property of GV BOCES.

4. No discounts for total award will be considered.

5. No shipping, delivery, handling or fuel surcharges allowed.

6. District contact information is provided on Exhibit A.

7. Prices given by the vendor in this bid document shall be binding for the following contract period; August 1, 2024 through May 31, 2025.

8. Provide catalogs and/or access to online catalog.

9. Each bidder must state that no officer of GV BOCES or member of the Board is directly or indirectly interested in the proposal. A BID PROPOSAL CERTIFICATIONS form is included in Schedule 1 and becomes part of this bid proposal. Failure to sign this statement may constitute grounds for rejection of bid.

10. For all bids being submitted as a hard copy (hand delivered or mailed) the following applies:

a. All submitted documents must be completed in ink (no pencil).

b. Any information hand written by the vendor must be clear and legible, including pricing. Failure to comply could result in rejection of bid.

c. Signatures are required where indicated on all forms. Electronic signatures are acceptable. An electronic signature shall include faxed versions of an original signature, electronically scanned and transmitted versions of an original signature. Printed or typewritten signatures are not acceptable.

d. Prior to bid opening, if samples are requested, mail them to: Business Office, Attn: Bidding 80 Munson St.;

LeRoy, NY 14482. Samples must be clearly labeled with bidder’s name, bid title and bid item number.

e. Complete the forms included in Schedule 1 – Bid Forms Packet:

i. Bidder’s Company Information & Signature Page

ii. Bid Proposal Certification

iii. Iran Divestment Act Certification

iv. Bidder’s Customer References

v. Catalog/Item Discounts Bid Offering

vi. Non-Bidders Response Form (only if applicable)

vii. W-9 – Complete with signature and date

viii. Bid Request Compilation and Vendor Response Form - pages 1 – 17

• If an item is not being bid, it must be marked No Bid. Do not leave any unit cost field blank. Failure to comply could result in rejection of bid.

f. For all bids being submitted as a hard copy (hand-delivered or mailed), DO NOT use the excel file found on BidNet Direct. For hard copy bids, you must use the Bid Request Compilation and Vendor Response Form included in the pdf version of the bid document found on our website: https://www.gvboces.org Failure to comply could result in rejection of bid.

g. To submit a bid, return all the completed items listed in #10 e. above in a sealed envelope labeled with the bid title, bid number, bid opening date and time, bidder’s name, and bidder’s address to:

Genesee Valley BOCES Attn: Brenda Burg 80 Munson Street LeRoy, NY 14482

h. All bids received after the time stated in the Legal Notice to Bidders will not be considered and will be returned unopened to the bidder. The envelope will be marked with the date and time of receipt and returned to the vendor, unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of GV BOCES. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having the bid deposited on time at the place specified.

https://www.gvboces.org/Page/48

11. For all bids being submitted electronically through BidNet Direct the following applies:

a. All bid forms included in Schedule 1 – Bid Forms Packet must be uploaded to:

www.bidnetdirect.com/genesee-valley-boces in order to be submitted electronically.

b. The Vendor Bid Response excel file must be uploaded to: www.bidnetdirect.com/genesee-valley-boces. See Exhibit B for submission instructions. Failure to comply with submission instructions could result in rejection of bid.

c. If any information on the forms that are required to be uploaded are hand written by the vendor, they must be clear and legible. Failure to comply could result in rejection of bid.

d. Signatures are required where indicated on all forms being uploaded. Electronic signatures are acceptable. An electronic signature shall include faxed versions of an original signature, electronically scanned and transmitted versions of an original signature. Printed or typewritten signatures are not acceptable.

e. Prior to bid opening, if samples are requested, mail them to: Business Office, Attn: Bidding 80 Munson St.;

LeRoy, NY 14482. Samples must be clearly labeled with bidder’s name, bid title and bid item number.

f. Complete the forms included in Schedule 1 – Bid Forms Packet:

i. Bidder’s Company Information & Signature Page

ii. Bid Proposal Certification

iii. Iran Divestment Act Certification

iv. Bidder’s Customer References

v. Catalog/Item Discounts Bid Offering

vi. Non-Bidders Response Form (only if applicable)

vii. W-9 – Complete with signature and date

g. For all bids being submitted electronically through BidNet Direct, YOU MUST use the Vendor Bid Response excel file only found on BidNet Direct. When completed, the excel file must be uploaded to: www.bidnetdirect.com/genesee-valley-boces

h. To submit a bid, upload all the required items listed in #11 f. and the excel file required in #11 g above.

i. Online bidding system closes at exactly the time stated in the Legal Notice to Bidders. Please allow sufficient time to upload your documents. Late submittals will not be accepted. Any emergency closings will not affect electronic bid submission date.

GENERAL SPECIFICATIONS

By signing and submitting this bid for consideration by Genesee Valley BOCES (hereinafter called ‘GV BOCES’), the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented, without reservation or alteration.

1. GENERAL BID CONDITIONS

a. It shall be understood that a bidder may submit only one bid for each line item and only one bid package for award consideration. Submission of more than one bid per item or more than one bid package shall be deemed collusion and that all bids received from the submitting bidder shall be rejected. It shall also be understood that substitute items will be evaluated; however, only one substitute line item will be accepted per item. Any additional substitute line items submitted will be rejected and not considered for bid award.

b. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. For any bid responding as a hard copy submission, every request for such interpretation shall be in writing, to the Purchasing Agent, not less than five (5) days prior to the date of the bid opening. For any bid responding electronically, go to the “Question Acceptance Deadline” section in BidNet Direct to enter your question by the date indicated. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by GV BOCES in the form of an addenda to the specifications. Any addenda so issued shall become part of the bid document.

c. Units of Measure and container sizes are important. An awarded vendor will be held to their pricing provided for the unit of measure and container sizes specified unless the vendor modifies the unit of measure or container size when completing their bid document.

d. All prices quoted must be “per unit” as specified; e.g., do not quote “per case” when “per dozen” is requested; otherwise, bid may be rejected.

e. For hard copy bid submissions, the Bidder must insert the unit cost and the extensions for each line item in the bid. For electronic bid submissions, the Bidder must insert the unit cost in the appropriate column; either column G (Unit Cost) or column L (Subs Unit Cost). Extensions will calculate automatically.

i. For hard copy submission type, if an item is not being bid, it must be marked No Bid in the “Unit Price” column. For electronic submission type, it must be marked No Bid in Column I labeled “Vendor Catalog Number” and 0.00 should be entered in the “Unit Cost” column. Do not leave any unit cost field blank with either submission type. Failure to comply could result in rejection of bid.

ii. In the event of a discrepancy between the unit cost and the extension, the unit cost will govern. Prices shall be extended in decimal, not fractions.

f. GV BOCES does not offer or supply anyone with the list of vendors that have obtained a copy of the bid specifications or any cost estimates for a project prior to the opening of the bid. No exceptions are made to this policy.

g. GV BOCES reserves the right to allow all municipalities, political sub-divisions of New York State and not-for-profit organizations authorized under the General Municipal Law of the State of New York to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100-104. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between GV BOCES and the vendor.

Any necessary deviations from the bid specifications in the award of a participant contract, whether such deviations relate to quantities, or delivery points, shall be resolved between the successful bidder and the other municipalities, political sub-divisions of New York State or not-for-profit organizations.

h. In accordance with New York State General Municipal Law, GV BOCES will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the vendor agrees to hold GV BOCES harmless for any contracts let for which funding either does not currently exist, or for which funding has been removed prior to the issuance of a purchase order by

GV BOCES.

Issuance of a purchase order by GV BOCES indicates that they currently have and have set aside adequate funds to procure the goods and services indicated in the purchase order or contract.

Receipt of a resolution by their Board is not in and of itself a binding contract with GV BOCES.

Should it become necessary for GV BOCES to cancel a project or purchase after a purchase order has been issued, GV BOCES will only be liable for and the vendor agrees to only assess those financial damages that it can prove to have incurred as a result of the cancellation.

2. ACCEPTANCE OR REJECTION

a. Any deviation from the adherence to these specifications may exclude the bidder from consideration.

b. Awards will be made as soon as practical after bid opening. The Board reserves the right to reject or waive all informalities in any bid received, and to reject all bids and re-advertise if such procedure is in the best interest of GV BOCES. Bids offering terms other than those contained in the specifications may be rejected.

3. AWARD

a. Various brand names that may be mentioned in these specifications are given to establish a standard of quality. It is not our intent to limit awards to any one brand, but rather to set a standard and establish a basis for equality. However please note, there may be item(s) that clearly are stated no substitutes will be accepted.

b. If two or more bidders submit identical bids as to price, quality, etc., the decision of the Board to award a contract to one of such identical bidders shall be final.

c. The successful bidder(s) shall supply all guarantees, service warranties and manuals where applicable.

d. All regularly manufactured stock electrical items must bear the label of the Underwriters’

Laboratories, Inc.

e. Notice of Award shall be made to the successful bidder within ten (10) days from the date of the Board action.

f. GV BOCES reserves the right to award by item, by sub-category, or by total, whichever is in their best interest.

g. The award, if made, can be expected by April 30, 2024.

4. BID SECURITY

a. If the supplies, materials or equipment are to be delivered over an extended period of time, or if the specifications so state, the successful bidder may be required to execute an agreement in relation to the performance of such contract. If the specifications so state, the successful bidder also may be required to furnish a performance bond equal to ten percent (10%) of the contract to guarantee faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract has been fully performed. The surety company furnishing each performance bond shall be authorized to do business in the State of New York and must be satisfactory to GV

BOCES.

5. CATALOG/WEBSITE INSTRUCTIONS

a. Bidders must supply with their bid packet, either access to their online catalog (including login/password if needed to access catalog items) or one (1) hard copy of their current catalog(s).

These will be used in the analysis of the bid submitted. Bidders who do not submit these required items may be considered non-responsive.

6. CONTRACT

a. A contract may be canceled at the successful bidder’s expense upon nonperformance of contract.

b. Termination for Convenience: GV BOCES, by 30 days written notice, may terminate this contract, in whole or in part, when it is in the best interest of GV BOCES. If this contract is so terminated, GV BOCES shall be liable only for payment in accordance with the payment provisions of this contract for services rendered and/or supplies received prior to the effective date of termination.

c. Cancellation of contract for any reason may result in removal of the successful bidder’s name from mailing lists for future proposals for an indeterminate period.

d. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or right, title, or interest therein, or power to execute such contract, to any other person, company, or corporation, without the previous written consent of GV

BOCES.

e. Provided it is mutually agreeable between the vendor and GV BOCES the contract prices may be extended beyond the expiration date of the contract period.

f. Unless otherwise specified, a notice to the successful bidder by the issuance of purchase orders along with the specifications and bid offer to the bidder will constitute and create a contract. The Board reserves the right to hold all bids for forty-five (45) days subsequent to the opening of bids for examination and consideration.

g. A contract shall bind the successful bidder on their part to furnish and deliver at the prices and in accordance with the conditions of this bid. Contracts shall bind GV BOCES on its part to order from the successful bidder and to pay the contract prices for all items ordered and delivered.

h. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by GV BOCES or fails to make replacement of rejected articles, GV BOCES may purchase from other sources to take the place of the item rejected or not delivered. GV BOCES reserves the right to authorize immediate purchase from other legally available sources against rejections on any contract when necessary.

7. ESTIMATED QUANTITIES

a. All items awarded are available to be purchased by all participants, whether or not quantities were estimated by a district for any item.

b. The participants reserve the right to purchase items from any other bids allowable under New York

State General Municipal law, including but not limited to New York State contracts should doing so result in savings for the district.

c. Any quantities shown on the Bid Request Compilation and Vendor Response Form (hard copy) or

Vendor Bid Response excel file (electronic excel file) are estimates only. GV BOCES solicits your bid on a "more-or-less" basis: i.e., the prices bid by you shall apply whether or not GV BOCES order more or less of any of the quantities shown. GV BOCES does not guarantee the quantities to be ordered. The award decision will be based on vendor responses and those responses which are in the best interest of GV BOCES.

8. EXCESSIVE DELAY

a. It is expected that the delivery of items will be received by the ordering department within thirty (30) days from receipt of order by the vendor. If delivery by the vendor is delayed by more than fifteen

(15) business days after the thirty (30) day delivery time frame, the ordering department reserves the right to terminate the order of any or all undelivered units.

9. INVOICES

a. Invoices presented must be specific to the participant that issued the purchase order and must be accurate, noting Purchase Order number, name of item, item number, quantity shipped, bid pricing per unit and extended cost, and all credits due. Credits must reference original invoice. Early payment discount option should be noted on invoices. Inaccurate invoices will not be considered for payment until correct and payment terms will be applicable from the date the accurate invoice is received. Payment of invoices is the responsibility of GV BOCES, who issued the purchase order.

10. ORDERING

a. No minimum order shall be required. Purchase orders will be issued by individual participants for actual quantities needed.

b. GV BOCES will purchase by item, by groups, or by total, whichever is in their best interest.

c. No legal or financial obligations to vendors are created or implied by the participation in this bid.

11. SAFETY DATA SHEETS (SDS)

a. An SDS must accompany each shipment of all required items as established by the New York State Right to Know Law, enacted in 1970, and the Federal Communication Standard enacted in 1983.

Vendors that fail to comply will not be considered for future bids.

12. MINORITY AND/OR WOMEN-OWNED BUSINESS ENTERPRISE (MWBE) REQUIREMENTS

a. GV BOCES, in an attempt to encourage and promote participation from all vendor sources, and in accordance with General Municipal Law 103, advertises our legal bid notices in the official newspaper(s) of GV BOCES. Furthermore, when dictated by a source of funding, GV BOCES will make every effort to meet any additional MWBE requirements of said funding sources. GV BOCES will take all necessary affirmative steps as outlined by the funding source to assure that minority businesses, women’s business enterprises, and labor surplus area firms are solicited and used when possible.

13. NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS

a. Please see Appendix A for Contract Provisions as outlined in the Code of Federal Regulations Title II Grants & Agreements, Chapter II, part 200, Subpart D, 200.326 Contract Provisions.

14. PACKAGING AND DELIVERY

a. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the agent for the school district. The successful bidder will be required to furnish proof of delivery in every instance.

b. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

i. Contract number and/or Purchase Order Number

ii. Description of item

iii. Item number (if applicable)

iv. Quantity

c. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

d. The successful bidder shall be responsible for the delivery of items in good condition. If a delivery is not received in good condition, the receiving department will notify the successful bidder of the situation. The successful bidder agrees to remove and replace any visibly damaged cartons and all products found damaged upon opening or products that do not meet specifications. The successful bidder agrees to make good any discrepancies or errors found in receiving such as incorrect amounts, etc. Failure by the successful bidder to remove damaged or incorrect products within thirty

(30) days of delivery will be regarded as abandonment and the district will have the right to dispose of said items as it sees fit.

e. No shipping, delivery, handling or fuel surcharges allowed.

f. Delivery must be made in accordance with the proposal and specifications. The total order is to be delivered to the following locations. (See Exhibit "A" for district contact information).

g. Unloading and placing of the supplies is the responsibility of the successful bidder, and the departments accept no responsibility for unloading and placing of supplies. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to them. No help for unloading will be provided by GV BOCES and supplier should notify their truckers accordingly. All supplies will be unloaded adjacent to the drop-off point and inside the building.

h. If the supplies, materials, or equipment cannot be received during the period of time specified, alternate delivery dates may be provided by specific itemization as noted on purchase orders and will be honored by the successful bidder and GV BOCES.

15. PAYMENTS

a. Orders will be processed for payment when all items on a purchase order have been received in good order. Per GV BOCES policy, no partial payments will be made.

16. PRICE ADJUSTMENTS

a. All vendors, by submitting a bid, agree to hold all prices offered firm for a period of at least sixty (60) calendar days from the effective date of the bid.

b. Any pricing adjustment after the sixty (60) day threshold, requires the written consent of GV BOCES.

In the event, the successful bidder proposes a price increase after the sixty (60) threshold, and such price increase is permitted by law, such price increase will be considered or authorized only to the extent of the verified amount of the cost of such item(s) was increased to the bidder by its supplier or manufacturer.

c. The successful bidder may not institute any new pricing on any orders received until GV BOCES has provided written acceptance of said increase(s).

d. Price adjustment requests will only be allowed one (1) time within any thirty (30) consecutive day period.

e. Additionally, no more than one (1) price adjustment request shall be allowed per item throughout the duration of the bid effective dates.

f. GV BOCES reserves the right to audit and/or examine any pertinent books, documents, records or invoices relating to the bid or item(s) in question after reasonable notice and during normal business hours and to deny such proposed price adjustment. In the event GV BOCES denies such proposed price adjustment, GV BOCES reserves the right to rescind said item(s). GV BOCES reserves the right to purchase said rescinded item(s) according to their purchasing policy.

g. This section shall not be construed as a waiver of GV BOCES’s right to enforce the contract pricing terms or other remedies available by law.

h. GV BOCES retains the right to determine whether such proposed increase will become effective only after GV BOCES receives a written request satisfying the requirements set forth in this Section 16 (a-

g) and GV BOCES agrees to the price increase in writing which will be within 10 business days.

17. PURCHASING

a. Purchases made by GV BOCES are not subject to New York State sales tax or federal taxes. A letter from the New York State Department of Taxation and Finance detailing the tax status will be provided to awarded vendors upon request.

18. RETURNS

a. If the item or items called for in these specifications are delivered and fail to meet specifications in any respect, the bidder will be notified and will arrange for their removal at no expense to GV BOCES. If items are not removed, arrangements will be made to have these items removed at the expense of the awarded vendor.

19. ROYALTIES AND PATENT RIGHTS

a. The successful bidder shall defend GV BOCES against all suits or claims for infringement of patent rights concerning materials delivered and shall save GV BOCES harmless from loss thereof.

20. SAMPLES

a. GV BOCES reserves the right to request a sample of any item bid prior to the award. Samples are required where indicated. If the sample is not in accordance with the requirements of the specification, GV BOCES may reject the bid.

b. Samples must be furnished free of charge and received prior to bid opening. Samples must be clearly labeled with bidder’s name, bid title and bid item number.

c. GV BOCES will not be responsible for any samples destroyed or mutilated by examination or testing.

d. Samples not awarded can be returned at the bidder’s expense, if bidder desires their return and provides a prepaid mailing label with samples. If bidder does not indicate the return of samples, GV BOCES shall consider samples as abandoned and shall have the right to dispose of them as its own property.

e. Awarded samples will be held for comparison with deliveries.

21. SAVINGS CLAUSE

a. The successful bidder shall not be held responsible for any delays caused by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful bidder and which, by the exercise of reasonable diligence, they are unable to prevent.

22. SUBSTITUTES

a. GV BOCES reserves the right to accept reasonable substitutes for specified items as long as such substitutions in no way affect the performance of the item for which the bid has been requested and pricing remains the same. It is the responsibility of the bidder to notify GV BOCES when offering such substitutions in the bid.

23. SUPPORT CLAUSE

a. An important component of any successful contract and bid is readily available support to deal with issues, concerns or problems. The inability of a potential bidder to comply with this requirement may result in disqualification of the potential bidder.

24. UNRESOLVED COMPLAINTS

a. An awarded vendor and participant shall use best efforts to resolve any dispute between them. Both the district(s) and the awarded vendor will submit unresolved complaints in writing to the Genesee Valley BOCES bid coordinator within four (4) days of occurrence. The Coordinator will maintain a file of all complaints that are submitted from districts and vendor, including those resolved or unresolved.

Genesee Valley BOCES reserves the right to consider these as part of a vendor performance evaluation.

25. GUARANTEES BY THE SUCCESSFUL BIDDER

a. The successful bidder guarantees:

i. Products are guaranteed against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

ii. To furnish adequate protection from damage for all work and to repair damages of any kind for which successful bidder or successful bidder’s employees are responsible.

iii. That the equipment/product delivered is standard, new, latest model of regular stock product or as required by specifications; also, that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice.

iv. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one-year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to Genesee Valley BOCES.

Bidding Contact List Exhibit A Bid Category: South Animal Science Supplies Bid

District Name District Address Contact Name Phone Number Email Genesee Valley BOCES

Mt Morris Campus

27 Lackawanna Ave Mt Morris, NY 14510

Janice Hamilton 585-658-7812 jhamilton@gvboces.org

Please Note: The Delivery Address will be per Purchase Order

Exhibit B Instructions for the Submission of Electronic Bid Forms

1. BidNet Direct is the electronic platform Genesee Valley BOCES is utilizing for the electronic bid process.

2. Free vendor registration is required to view the bid documents. You can register to become a bidder online at www.BidNetDirect.com If you have trouble with the website or vendor registration, please contact BidNet Direct Vendor Support Department at 1-800-835-4603 option 2.

3. The Vendor Bid Response excel file and Schedule 1 – Bid Forms Packet are available to download on the website:

www.bidnetdirect.com/genesee-valley-boces

4. The Vendor Bid Response excel file shall be completed electronically and uploaded back to the same platform in the same format.

a. Do not password protect the excel file.

b. E-mailed or faxed responses are not acceptable.

5. Failure to follow all the submission instructions for the Vendor Bid Response excel file, could result in rejection of bid.

6. The bidder shall not alter the excel file in any manner except for modifying column widths. Do not delete any columns or rows. Any change in the electronic format will prevent the file from being read by the bid evaluation software and therefore may result in the rejection of the bid submission.

7. Bidder must insert the price per unit as specified in the excel file. Please do not enter anything but the price in the unit cost or subs unit cost column (no letters, part numbers, etc.).

8. It is critical to pay attention to the units of measure that are specified per item in the excel file. If the bidder is bidding an item that does not meet the exact specifics of a line item, such as unit of measure, item size and/or quantity per package, make sure to follow the instructions below in #14 for bidding item not as specified.

9. Please refer to Exhibit C for examples of entering information into the excel file.

10. Only fields specified below in #13 and #14 are to be used when entering your bid response.

11. Make sure to enter your bid price in only ONE column.

a. Use only Column G (unit cost) if bidding item exactly as specified

b. Use only Column M (subs unit cost) if offering a substitute

12. If an item is not being bid:

a. It must be marked No Bid in Column I - Vendor Catalog Number

b. Leave the unit cost field as is with 0.00

c. Do not leave any unit cost field blank

d. Failure to comply could result in rejection of bid

13. Instructions for Bidding as Specified:

a. If the bidder is bidding as specified (including manufacturer, color and package size) the bidder should fill in only the Unit Cost (column G) and Vendor Catalog Number fields (column I)

14. Instructions for Bidding not as Specified:

a. When offering a substitute bid item, the bidder is required to fill in ALL substitute fields as noted below.

(Substitute Desc (column J), Subs UM (column K), Subs Qty (column L), Subs Unit Cost (column M))

b. The bid software will not recognize a substitute item if all substitute columns (J-M) are not complete.

c. Unit of Measure (Subs UM- column K) is limited to 4 characters.

http://www.bidnetdirect.com/

d. When offering a substitute bid item, it is key to provide a complete and accurate item description including the brand, item size and how sold in the “Substitute Desc” column (column J). Be sure to follow this example when a substitute item is being bid:

i. If Column D - Item Description Reads:

HAND SANITIZER, ALCOHOL BASED 4 OZ. - 12/CASE, PURELL

ii. If you are substituting brand, package size and case count, Column J would read as follows:

HAND SANITIZER, ALCOHOL BASED 6 OZ. – 24/CASE, SUAVE

iii. The following example is NOT acceptable as there is not enough information for analysis as it only provides brand name, package size and case count (product description is missing so the bid evaluation software would not know this was hand sanitizer, alcohol based):

SUAVE, 6 OZ., 24/CASE

iv. The bidder is required to fill in all substitute fields. (See Exhibit C for examples)

e. When the substitute item is not the same packaging size:

i. The bidder must adjust the number of packages needed of their product to equal the actual total individual units requested in the specification. All quantities must be in whole numbers. (Cannot bid

0.20 cases. Round up to 1.00 case.)

ii. The bidder is required to fill in all substitute fields. (See Exhibit C for examples)

f. When the substitute item is the same packaging size:

i. The bidder is required to fill in all substitute fields. (See Exhibit C for examples)

g. Failure to comply could result in rejection of bid.

Exhibit C Examples for Submission of Electronic Bid

1. In the example below, the bidder is bidding the “same product” as specified in the “same size” specified. The bidder will only fill in the Unit Cost and the Vendor Catalog Number as indicated in red.

Item

ID

Sub- Category Item Description UM Quantity

Unit Cost

Vendor Catalog Number Substitute Desc

Subs

UM

Subs Qty

Subs Unit Cost

0500 0997

COPY PAPER, 8 1/2 X 11,

WHITE, HIGH SPEED,

SUB 20, ACID FREE,

SOME RECYCLED MAT,

500 SHEETS/REAM, 10

REAMS/CASE CS 1000 25.0000 36250 0.0000 0.00

2. In the example below, the bidder is bidding a “substitute product” in the “same size” as specified. The bidder must fill in All Five Highlighted Columns (as indicated in red) for the bid to be properly read by the bid software.

Item

ID

Sub- Category Item Description UM Quantity

Unit Cost

Vendor Catalog Number Substitute Desc

Subs

UM

Subs Qty

Subs Unit Cost

0630 0060

CAPE, NYLON, COMBOUT

CAPE, 28" X 28", BLACK,

VELCRO CLOSURE,

SCALPMASTER

BURMAX 3020 OR EQUAL EA 15 0.0000 2226

CAPE, NYLON, COMBOUT

CAPE, 30 X 30, BLACK,

VELCRO CLOSURE, CAMEO

LG

EA 2.0000 15.00

3. In the example below, the bidder is bidding the “same product” as specified in a different size than specified. The bidder must fill in All Five Highlighted Columns (as indicated in red) for the bid to be properly read by the bid software.

Item

ID

Sub- Category Item Description UM Quantity

Unit Cost

Vendor Catalog Number Substitute Desc

Subs

UM

Subs Qty

Subs Unit Cost

0020 01

ENVELOPES, TYVEX,

WHITE, 12" X 16", 2"

EXPANSION, 14#, OPEN

END, 100/BX BX 20 0.0000 2323

ENVELOPES, TYVEX,

WHITE, 12" X 16", 2"

EXPANSION, 14#, OPEN

END, 250/BX BX 25.0000 8.00

Appendix A – Federal Contract Provisions

Contract Provisions as outlined in the Code of Federal Regulations Title II Grants & Agreements, Chapter II, part 200, Subpart D, § 200.326 - Contract provisions.

Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended ( 40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141- 3144) as supplemented by Department of Labor regulations ( 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act ( 40 U.S.C. 3145), as supplemented by Department of Labor regulations ( 29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act ( 40 U.S.C. 3701- 3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

https://www.law.cornell.edu/uscode/text/41/1908 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1.3 https://www.law.cornell.edu/cfr/text/41/60-1.4 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/uscode/text/40/ https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3148 https://www.law.cornell.edu/uscode/text/40/ https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3144 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/uscode/text/40/3145 https://www.law.cornell.edu/cfr/text/29/part-3 https://www.law.cornell.edu/uscode/text/40/ https://www.law.cornell.edu/uscode/text/40/3701 https://www.law.cornell.edu/uscode/text/40/3708 https://www.law.cornell.edu/uscode/text/40/ https://www.law.cornell.edu/uscode/text/40/3702 https://www.law.cornell.edu/uscode/text/40/3704 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/uscode/text/40/3702 https://www.law.cornell.edu/uscode/text/40/3704 https://www.law.cornell.edu/cfr/text/37/401.2 https://www.law.cornell.edu/cfr/text/37/part-401

(G) Clean Air Act ( 42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 ( 3 CFR part 1986 Comp., p. 189) and 12689 ( 3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.322 Procurement of recovered materials.

§ 200.322 - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

https://www.law.cornell.edu/uscode/text/42/ https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/uscode/text/33/ https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387 https://www.law.cornell.edu/uscode/text/42/ https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/uscode/text/33/ https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387 https://www.law.cornell.edu/cfr/text/2/180.220) https://www.law.cornell.edu/cfr/text/2/180 https://www.law.cornell.edu/cfr/text/3/part-1986 https://www.law.cornell.edu/cfr/text/3/part-1989 https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/cfr/text/2/200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e70d4d5b3d21f635ea2aec391214bde6&term_occur=1&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:31:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89450cc597955157f0392deeabdb3199&term_occur=1&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:31:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=89450cc597955157f0392deeabdb3199&term_occur=2&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:31:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=32b12e59e5274a5fa6d18d6b129446fa&term_occur=1&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:31:200.322 https://www.law.cornell.edu/cfr/text/40/part-247

Schedule 1 - Bid Forms Packet (hard copy (hand or mailed) submission)

All forms included in Schedule 1 – Bid Forms Packet, are part of the bid instructions. Failure to read, understand and complete all the required forms may constitute grounds for rejection of bid.

The following forms included in this bid forms packet must be completed and returned:

o Bidder’s Company Information & Signature Page o Bid Proposal Certification o Iran Divestment Act Certification o Bidder’s Customer References o Catalog/Item Discounts Bid Offering o Non-Bidders Response Form (only if applicable) o W-9 – Complete with signature and date o Bid Request Compilation and Vendor Response Form – pages 1-17

(The Bid Request Compilation and Vendor Response Form is only to be used with bids submitted as a hard copy: hand delivered or mailed)

BIDDER’S COMPANY INFORMATION & SIGNATURE PAGE

Please Print

Company Name: ____________________________________________________________

Address: __________________________________________________________________

City/State/Zip: ______________________________________________________________

Phone: __________________________ E-Mail: ____________________________________________

Contact information for questions regarding the bid:

Name: __________________________________________________________

E-mail: ______________________________ Phone: ________________________________

Address where purchase orders should be mailed:

Attention: ___________________________________________________

Address: ___________________________________________________

City/State/Zip: ___________________________________________________

Can we e-mail purchase orders to you? Yes / No

If yes, please provide Email Address: _________________________________________

Contact information for questions surrounding an existing order:

Name: __________________________________________________________

E-mail: ______________________________ Phone: ________________________________

Name of Sales Representative: ______________________________________________________