26-4 Pizza Contract.pdf

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

of Ulster County New Paltz, New York 12561

April 3rd, 2025

BIDS TO BE OPENED:

Time: 2:00 P.M.

Day: Wednesday VENDOR NAME____________________

Date: April 16th, 2025

Place: Ulster County B.O.C.E.S.

Administration Building

175 State Route 32 North

New Paltz, NY 12561

845-255-1400

Bid # 26-4

PIZZA BID (COOPERATIVE)

Bid Period: July 1, 2025 – June 30, 2026

With Option to extend for two more one-year periods

SUBMIT BID TO:

Ulster County B.O.C.E.S.

Administration Building

175 State Route 32 North

New Paltz, NY 12561

Attn: Michael Maphis

***Bid #26-4 must be clearly marked on the OUTSIDE of a sealed envelope and outside of Fedex or UPS envelope. Signed Bid Proposal Certification must be enclosed with bid.

*** Entire Bid Packet must be returned.

***Zip Drive with bid documents and item list with pricing must be included with mailed or hand delivered bids.

PLEASE NOTE:

The Board reserves the right to reject any and all bids. The Board reserves the right to increase or decrease the quantities, in which case the unit price shall govern. The

Board reserves the right to accept the total or to award by groups in which case separate contracts will be executed. Estimates and actual orders may vary.

BID FORM

NAME OF BIDDER: ____________________________________________

ADDRESS: ____________________________________________________

PREPARED BY: ________________________________________________

TITLE:________________________________________________________

The undersigned declares that _____________________ carefully examined the Notice to

Bidders, General and Special Instructions, Bid Proposal Certification, Bid Form and Detailed

Specifications and will furnish the supplies, materials, or equipment in compliance with such specifications for the price(s) set forth in this Bid Offer.

The full names and residences of all persons interested in this bid as principals are as follows:

(Signature of persons, firm or corporation making bid)

Date: _____________________________________

Firm: _____________________________________

Address: __________________________________

Email:_____________________________________

Phone: ____________________________________

Name: _____________________________________

Bid prepared by

(contact person for bid inquires)

Order Address (where PO should be mailed)_____________________________

Remit Address (where to send payment)________________________________

Phone # to place order_______________________________________________

Fax # to send PO __________________________________________________

Email to send PO____________________________________________________

IRAN DIVESTMENT ACT OF 2012 CERTIFICATION

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, added new provisions to the State Finance Law (SFL), §165-a and General Municipal Law (GML) §103-g effective April

12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list

(prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b) and GML §103-g, the initial list is expected to be issued no later than

120 days after the Act’s effective date, at which time it will be posted on the OGS website.

By submitting a response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Vendor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

Additionally, Vendor is advised that once the list is posted on the OGS website, any Vendor seeking to enter into, renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the Contract is bid upon or a proposal submitted, or the contract is renewed, extended or assigned that it is not included on the prohibited entities list.

During the term of the Contract, should BOCES receive information that a person is in violation of the above-referenced certification, BOCES will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then BOCES shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Vendor in default.

BOCES reserves the right to reject any bid, proposal or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

Signature:

Print Name:

Title:

Company Name:

Date:

BID PROPOSAL CERTIFICATION

Firm Name:______________________________Business Address___________________

I.General Bid Certification The bidder certifies that he will furnish, at the prices herein quoted, the materials, equipment and/or services as proposed on this bid.

II. Non-Collusive Bidding Certification

By submission of this bid proposal, the bidder certifies that he is complying with Section 103-d of the

General Municipal Law as follows:

Statement of non-collusion in bids and proposal to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification.

(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor: (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3)

No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition."

(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers or proposed or pending publications of new or revised price lists for such items or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

III. Debarment and Suspension Certification To ensure that a school authority does not enter into a contract with a debarred or suspended company or individual, each school authority must require that each responsive bidder include a certification statement with each bid on each contract. By signing the certification statement, the bidder certifies that neither it nor any of its principals (e.g., key employees) have been proposed for debarment, debarred, or suspended by a Federal agency. It is the responsibility of each bidder to sign the certification statement and submit it with any bid. A school authority may rely upon the certification statement submitted by a bidder unless school authority personnel know that the certification is in error. In such cases, the school authority should contact the State agency for confirmation of the bidder's status relative to debarment and suspension.

Signature (Authorized) Title Date

NON-COLLUSIVE BIDDING CERTIFICATION

Vendor Name: ____________________________Address:______________________

I. General Certification:

A. The Vendor certifies that they will furnish, at the prices herein quoted, the services and equipment as proposed on these forms.

II. Non-Collusion Certification

A. By submission of this BID, the Vendor certifies that it is complying with Section 103d of the General Municipal Law as follows:

B. By submission of this BID, each Vendor and each person signing on behalf of any

Vendor certifies, and in the case of a joint BID each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1. the prices in this BID have been arrived at independently without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other vendor or competitor:

2. unless otherwise required by law, the prices were not disclosed by the Vendor prior to opening, directly or indirectly, to any other contractor or to any competitor;

3. no attempt has been made or will be made by the Vendor to induce any other person, partnership or corporation to submit or not submit a BID for the purpose of restricting competition.

C. A BID shall not be considered for award nor shall any award be made where

II(B)(1)(2)(3) above have not been complied with; provided, however, that if in any case the Vendor cannot make the foregoing certification, the Vendor shall so state and shall furnish with the BID a signed statement which sets forth in detail the reasons therefore. Where II(B)(1)(2) and (3) above have not been complied with, the BID shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official there of which the BID is made, or their designee, determines that such disclosure was not made for the purpose of restricting competition. The fact that a Vendor (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers or proposed or pending publications of new or revised price lists for such items or (C) has sold the same items to other customers at the same prices being proposed, does not constitute, without more, a disclosure within the meaning subparagraph (b).

III. Certification and Authorization

A. Any BID hereafter made to any political subdivision of the state or any public department, agency or official thereof by corporate Vendor for work or services performed or to be performed or goods sold or to be sold, where a competitive BID is required by statute, rule, regulation, or local law and where such BID contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the Vendor, and such authorization shall be deemed to include the signing and submission of the BID and the inclusion therein of the certificate as to the non-collusion as the act and deed of the corporation.

IV. Department and Suspension Certification

A. To ensure that a school authority does not enter into a contract with a debarred or suspended company or individual, each school authority must require that each responsive Vendor include a certification statement with each BID on each contract.

By signing the certification statement, the Vendor certifies that neither it nor any of its principals (e.g. key employees) have been proposed for debarment, debarred, or suspended by Federal agency. It is the responsibility of each Vendor to sign the certification statement and submit it with any BID. A school authority may rely upon the certification statement submitted by the Vendor unless school authority personnel know that the certification is in error. In such cases, the school authority should contact the State agency for confirmation of the Vendor’s status relative to debarment and suspension.

Signature Title Date

NON-BIDDERS RESPONSE

BID ____________________________________ BID # __________

The Board of Cooperative Educational Services is interested in the reasons why prospective why prospective bidders fail to submit bids, and in maintaining our bid lists up to date. Failure to submit a bid, or to reply as to reason for not bidding, may result in removal of your firm from our bidders list. If you are

NOT submitting a bid in this proposal, please indicate the reason(s) by checking off one or more of the items below and return the form to us.

NOTE: Completion and submission of this form is not necessary if bid is made on one or more of the items in the attached Request for Proposal.

We are not interested in bidding for reasons indicated below:

☐ 1. Unable to bid at this time, but would like to receive future bid proposals. ______________________________

Date available for bidding

☐ 2. Items or material not ☐manufactured ☐distributed ☐stocked ☐furnished.

☐ 3. Materials or items we have to offer do not fully meet all the requirements of standards specified.

☐ 4. Multiplicity of delivery points.

☐ 5. Delivery quantities too small.

☐ 6. We cannot meet the time of delivery of items or materials specified.

☐ 7. Insufficient time allowed for preparation and submission of bid.

☐ 8. Other reasons _______________________________________

You may remove our name from the bid list for:

☐ This commodity group

☐ This commodity class

☐ This item or materials

☐ All bids

Firm Name

Authorized Signature

Address Date

NOTICE TO BIDDERS

STATE OF NEW YORK

ULSTER COUNTY

The Ulster BOCES Supervisory District which includes Highland, Kingston, Marlboro, New

Paltz, Onteora, Rondout Valley, Saugerties agrees to bid jointly with the Board of

Cooperative Educational Services (BOCES), Ulster County, and respectively invite the submission of Sealed Bids for:

PIZZA BID (COOPERATIVE)

Bids will be received until 2:00 PM on Wednesday, April 16, 2025 at the office of the

Purchasing Agent, Administration Building, 175 State Rte 32 N, New Paltz, New York

12561 or via electronic submission through bidnetdirect.com.

Specifications and bid forms, including notices to bidders, general conditions, special instructions, bid proposal certifications, bid form and detailed specifications may be obtained at the Administration Building, Board of Cooperative Educational Services, 175 Route 32 N, New Paltz, New York 12561 or by emailing mmaphis@ulsterboces.org.

The bids will be analyzed by a Steering Committee which reserves the right to recommend acceptance of each bid by item, as a group, or as a whole, or in its discretion to reject all bids and to re-advertise. Bids opened and read shall remain irrevocable for a period of sixty days.

The award of contracts, if at all, shall be made as soon as practicable after the bid opening.

Bid Submission Checklist

BID ____________________________________ BID # __________

The attached bid has the following items enclosed:

1. Bid Form, completed, signed, and dated.

2. Bid Proposal Certification, signed and dated.

3. Non-Collusive, signed and date.

4. Iran Divestment Act, completed, signed and dated.

5. Special Instructions to Bidders and General Conditions of the Contract, signed.

Authorized Signature

Address Date

SPECIAL INSTRUCTIONS TO BIDDERS

AND

GENERAL CONDITIONS OF THE CONTRACT

All proposals issued will bind bidders and contractors to the instructions and conditions set forth in these instructions to bidders and general conditions of the contract, and shall form an integral part of each purchase contract awarded.

A. DEFINITIONS:

BIDDER: Any company, individual, or corporation, bidding on proposals issued by component school districts of the Ulster Board of

Cooperative Educational Services.

CONTRACTOR: Any bidder to whom the award is made.

STEERING An appointed representative group of the component school

COMMITTEE: districts of the Board of Cooperative Educational Services having authority to coordinate, make proposals, invite bids on commodities for the school districts, and to recommend the acceptance or rejection of all bids.

B. PROPOSALS AND BIDS:

1. Sealed bids will be received, opened and tabulated publicly at the Business Office of the of the Board of Cooperative Educational Services. If BOCES’ offices are closed due to bad weather, or some other unforeseen reason, bid receipt and opening will be extended until the same time on the next business day that the offices are open.

2. The date and time of the bid opening will be given on the proposals and bid notices.

3. Bids must be enclosed in sealed envelopes plainly marked with the bidder’s name, BID NUMBER AND DUE DATE CLEARLY INDICATED.

4. Prices, discounts and information required by proposal, except signature of bidder, should be typewritten or neatly written for legibility. Bids MUST be submitted on forms attached hereto. Bids submitted in pencil will be rejected. The Steering

Committee shall interpret or reject illegible or vague bids written in ink. Facsimile, printed or typewritten signatures are not acceptable.

5. The bidder must insert the Price/Unit of Measure for each item as specified, and the price extension of each item in his bid, if required. In the event of discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions. If the brand name listed on the bid form is unavailable and an alternate brand is being proposed, the alternate brand name must be inserted.

6. Quantities or dollar amounts are the estimated needs of all participating school districts. Portions of these quantities will be delivered to several locations.

7. Bidders are cautioned to verify their bids before submission as bids and amendments to bids or requests for withdrawal of bids submitted and received after the time specified for the bid opening, may not be considered.

8. No bid shall be entertained unless properly completed on the bid forms provided.

9. Bids received late will not be considered and will be returned to the bidder unopened.

The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of BOCES. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time.

10. Prices bid must include delivery inside the individual school building(s).

11. No assistance for unloading of goods/equipment will be provided by the districts.

Suppliers should notify their truckers accordingly. Deliveries shall be made in accordance to the location and delivery schedule listed within this bid.

12. Quantities listed are approximate. Bidder agrees to supply greater or lesser quantities at the same unit price or discount unless stated to the contrary in the bid. Purchases will be made on an as needed basis and the successful bidder agrees to maintain the prices for the contract period indicated.

13. The Steering Committee reserves the right to recommend acceptance of this bid by items, by group, or as a whole, or in its discretion to recommend the rejection of all bids and re-advertise in the same manner provided by SECTION 103 of the

GENERAL MUNICIPAL LAW.

14. Requested quantities are dependent upon availability of government donated foods.

C. SAMPLE

1. The Steering Committee reserves the right to request a representative sample of the commodity at any time. Unless otherwise instructed, the sample shall be furnished within 10 days of the request.

2. 2.If, in the judgment of the Steering Committee, the sample is not in accordance with the requirements stated in the specifications and the proposal, this committee may recommend the rejection of the bid; or if an award has been made, cancellation of the contract at the expense of the contractor.

3. When samples are required, failure to submit them in accordance with instructions may be sufficient cause for not considering a bid or canceling an award.

4. When an accepted sample exceeds the minimum specifications, all commodities delivered will be of the same quality and identity as the sample.

5. Samples must be submitted free of charge. Samples will only be returned if requested by the bidder and at the bidder expense.

D. QUALIFICATIONS OF BIDDERS

1. The Steering Committee reserves the right before recommending award, to make investigations as to whether or not the items, qualifications or facilities offered by the bidder meet the requirements set forth in the proposal and specifications, and are ample and sufficient to insure the proper performance of the contract in the event of the award.

2. The bidder must be prepared, if requested by the Steering Committee, to present evidence of experience, ability and financial standing, as well as a statement as to plant, machinery and capacity of the manufacturer for the production and distribution of the commodity on which he is bidding. If, in the opinion of the Steering

Committee, it is found that the conditions of the proposal and specifications are not complied with, or that the items proposed to be furnished do not meet the requirements called for, or that the qualifications, financial standing or facilities are not satisfactory, this committee may recommend rejection of such a bid.

3. It is distinctly understood, however, that nothing in the foregoing shall mean or imply that it is obligatory upon the Steering Committee to make any investigations before awarding a contract. It is further understood that if such investigations are made, it in no way relieves the contractor from fulfilling all requirements and conditions of the contract.

E. BID DEPOSITS - BID AND PERFORMANCE BONDS

1. Where bid deposits, or bid and performance bonds are required, these shall be stated and set forth in the accompanying detailed specifications.

F. AWARD TO LOWEST RESPONSIBLE BIDDER

1. Awards will be made to the lowest responsible bidders in conformity with the requirements set forth in the detailed specifications, the instructions to bidders, and the general and special conditions of the contract.

2. Based on historical responses to our food services bid, participating districts will award contracts to the 4 lowest bidders whose total bid value is the highest. i.e.

low bidders will be ranked according to the total cost/value of successfully bid items within specifications. Bids falling below this threshold will be rejected. Please email if you have any questions regarding this restriction.

G. DISQUALIFICATION OF BIDDER

A bidder may be disqualified from receiving awards if such bidder, or any one in employ, has previously failed to perform satisfactorily in connection with public bidding or contracts.

Such factors indicating unsatisfactory performance or products may include, among other factors: inability to provide items as specified and awarded in previous bids; inability to deliver materials or services in a timely fashion as required by bid specifications; the substitution of alternate items to those awarded without informing BOCES, whether or not substitutions are equal to or better than the item specified; varying in any way from prescribed procedures and/or specifications for the performance of the service or contract without prior written approval of BOCES; use by vendor of subcontractors who provide inferior products or services and/or when a subcontractor is obtained without prior written approval of BOCES; inability or delay in communicating timely with BOCES or Districts regarding deviations from prior specifications awarded in previous bids.

H. AWARD WITHIN 60 DAYS FORM BID OPENING

1. The Steering Committee reserves the right to make recommendations for awards within sixty (60) days after date of the bid opening, during which period bids shall not be withdrawn.

I. CONTRACT NOT TO BE ASSIGNED

1. It is mutually understood and agreed that the contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the contract of his right, title, or interest therein, or his power to execute such contract to any other person, company or corporation.

J. EXEMPTION FROM TAXES

1. No charge will be allowed for federal, state or municipal sales and excise taxes, from which school districts are exempt. The price bid shall be net and shall not include the amount of any such tax.

2. In addition to the purchase orders themselves, exemption certificates, if requested, will be furnished on forms provided by the bidder.

K. FAILURE TO PERFORM CONTRACT / CANCELLATION

Upon failure of the contractor to deliver at the day and time agreed upon at the time of the order or failure to make immediate replacement of rejected commodities when so requested, the school district may purchase from other sources to replace the commodity rejected or not delivered. On all such purchases the contractor agrees to reimburse the school district promptly for costs in excess of the contract cost. Should the cost be less than the contractor costs, the contractor shall have no claim to the difference. Such purchases may be deducted from contract quantity by the school district.

BOCES reserves the right to terminate the Contract, for any reason, in whole or in part upon

30 days’ written notice to the awarded Contractor. If the Contract is so terminated, BOCES shall be liable only for payment in accordance with the payment provisions of the Contract for materials, supplies, equipment or Services purchased or rendered prior to the effective date of termination. No early termination or other penalties may be charged to BOCES because of its decision to exercise this right.

In the event the Contractor fails to deliver as ordered, within the time specified, or fails to abide by any of the provisions of this Contract, such failure shall constitute a breach of

Contract and may result in cancellation of the Contract by BOCES.

In the event of breach, BOCES shall provide written notice to the Contractor of such breach.

If the Contractor does not cure such breach within ten (10) days after receipt of such notice, BOCES reserves the right to cancel said Contract immediately. In the event of such cancellation, (i) the required materials, supplies, equipment and Services may be procured from other sources so that the continuity of the operations may be protected, (ii) the cancelled

Contractor agrees to reimburse BOCES promptly for any excess costs occasioned by such procurement, and (iii) the cancelled Contractor agrees to reimburse BOCES promptly for any additional monetary expenditures occasioned by such procurement.

Notices hereunder shall be sent by email to mmaphis@ulsterboces.org.

However, should the Contractor cure such breach and perform its obligations during such ten

(10) day notice period, the Contract shall continue in full force and effect.

In the event BOCES agrees, upon Contractor’s request, to terminate/rescind a line Item(s) or a particular Service(s) under the Contract, due to Contractor’s inability to provide such

Item(s)/Service(s), (i) the required materials, supplies, equipment and Services (if applicable) may be procured from other sources so that the continuity of the operations may be protected,

(ii) the Contractor agrees to reimburse BOCES promptly for excess costs occasioned by such procurement, (iii) the Contractor agrees to reimburse BOCES promptly for any additional monetary expenditures occasioned by such procurement, and (iv) Contractor must continue to fulfill all purchase orders in accordance with the Bid Documents for those Items/Services not terminated.

L. DELIVERY

1. Delivery must be made as ordered and in accordance with the terms of the contract.

2. Any extension of time of delivery must be requested in writing by the contractor and approved in writing by each of the participating school districts.

3. Commodities shall be properly marked in accordance with purchase order instructions, and securely packed for shipment, storage, and stocking, in new shipment containers and without extra cost for packing slips, packing cases, baling or sacks. The container shall remain the property of the school district unless otherwise specifically agreed to in the contract.

4. Delivery of damaged or unspecified items will be rejected or paid for on an adjusted price basis, as mutually determined by the school districts and the contractor (also includes concealed damages).

5. Direct delivery of the item ordered will be required to individual schools, at a point within the building as directed at the place of delivery specified on the purchase order. The contractor will be required to furnish proof of delivery in every instance.

Bulk materials are to be placed on skids or pallets on the receiving platform as directed by the receiving clerk. No help for unloading will be provided by the respective school district. Suppliers should notify their truckers accordingly.

6. Delivery must be made during regular cafeteria hours. Contact the specific school prior to delivery for further specifications.

M. TOXIC SUBSTANCE LAW

1. Successful vendors must submit one OSHA-20 form for each product awarded within

10 days from receipt of award.

2. Chapter 551 of the Laws of 1980 defined toxic substance as "any substance listed in the latest edition of the National Institute for Occupational and Health's Registry of

Toxic Effects of Chemical Substances, or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing." Such information is required to be on file with each employer. Article 28, Section 875, subdivision 4, requires that "any manufacturer, importer, procedure, or formulator of any toxic substance shipped, transported or sold for any use within the state must provide upon request" certain information. In order for us to have this information on file, bidders are required to submit three Material Safety Data Sheets(MSDS), which are used in compliance with OSHA’s Hazard Communication Standard, 29 CFR 1910

1200, for each product included in the bid to which this law will apply.

N. MISCELLANEOUS

1. These instructions are to be considered an integral part of all proposals and bids.

2. Bid forms include Notes to Bidders, General Conditions, Special Instructions, Bid

Proposal Certification, Bid Form and Detailed Specifications.

3. The Steering Committee may disallow an award to a bidder, if the bidder receives fifteen or less items from the bid.

4. Submit bids on attached pages. No electronic version is available.

BUY AMERICAN Section 104(d) amended section 12 of the NSLA (42 U.S.C.

1760) to require SFAs participating in the NSLP and SBP to purchase for those programs, to the maximum extent practicable, domestic commodities or products.

For purposes of this provision, the term "domestic food commodity or product" means agricultural commodities produced in the U.S. and food products processed in the U.S. substantially using agricultural commodities that are produced in the

U.S. (over 51 percent of the processed food comes from American produced products). The vendor shall certify the percentage of U.S. content in the products supplied to the SFA.

O. CONTRACT

1. The bid period may be extended up to a comparable contract period and terms upon mutual agreement in writing between the vendor and the Steering Committee. The participating districts and the vendor will be notified of the extension in writing.

2. An order shall be initiated by each participating school district.

3. Each District Board of Education, if it desires to purchase these commodities agrees to purchase said commodities at the lowest bid price recommended by the Steering

Committee of the joint school districts. In exercising its legal responsibilities, each participating Board of Education has the right to reject and/or modify the recommendation of the Steering Committee in the awarding of the bid.

4. Ulster County BOCES and its participating districts reserve the right to purchase any item listed from NYS or UC bids whichever is in their best interest. Also, Ulster

County Purchasing Dept. and other agencies may purchase from this bid.

5. Include a completed W-9 with bid response.

6. NYS School Lunch requirements have not yet been finalized by NYS. New requirements may, when finalized, effect the estimated quantities listed in this bid document.

P. RECEIVING INVOICE REQUIREMENTS

Two complete carbon copy extended company invoices must be supplied upon delivery for all goods delivered (No Exceptions).

Invoices must include: The item quantity, product item number, item description name, case bid price and all extensions for a completed accurate invoice with totals.

This delivery company invoice will be used upon delivery by our receiving person and will be processed by our billing office for payment only.

This company invoice will be adjusted as needed for shortages and returns on delivery and will be used as an accurate control of all goods received and or returned.

Signatures are required on the company invoice by our receiving person at the school upon delivery or no payments will be made.

No Backorders will be accepted.

IF APPLICABLE: 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 effected 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, and 3146-3148) 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.

(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.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]

BID SPECIFICATIONS

**1. AVAILABILITY – Any product bid on by a vendor MUST be made available to the school districts for the entire bid period, without being a “special order” item. Vendors are urged to review their bids carefully prior to submission. Failure of the vendor to provide all items awarded to them for the entire bid period may result in the immediate cancellation of their entire awarded contract. Failure of the vendor to provide an awarded item for any reason will result in the district purchasing the item elsewhere and the awarded vendor agrees to promptly reimburse the school for excess cost caused by such purchases. No awarded items can be ‘special orders’. All awarded items must be in stock and immediately available upon request.

2. IMPORTANT NOTICE – Items have been listed by category; however, due to additions certain items may be out of sequence. Please read entire bid to avoid missing such items.

3. PRICES – Bid price for each item MUST be based on unit specified. If vendor carries a different size container or different amount of units per case than required, vendor MUST adjust his price in relation to unit required and note the new sizes. All meat and cheese items must be bid per pound unless school district has specifically requested otherwise.

**4. ESCALATOR CLAUSE – In the event the successful bidder must increase the price during the duration of the bid period, the bidder must give Ulster BOCES a thirty (30) day written notice of any price increase. The escalator clause may be exercised twice during the bid period, as described below.

Proof of the need for an increase must accompany the notice in the form of actual manufacturer invoices to the distributor showing the increased cost. The increase accepted by the district shall be limited to said amount. Written notification must include the Ulster BOCES’ bid item number for each item.

Upon receipt of written notice, the Steering Committee will either accept the price increase, offer the bid to the next lowest bidder or bidders, gather 3 quotes, or conduct a new bid, at the discretion of

Ulster BOCES and the Steering Committee.

**5. PACKING REQUIREMENTS – Packing shall be in accordance with the best commercial practice. Individual containers shall be plainly marked including variety, style, net contents, and the distributor or manufacturer. Canned goods should indicate water content and drained food weight.

Containers shall be new, clean, and free from rust, bulging, serious dents, and shall not have been rebuffed or treated in any way to conceal or obscure conditions. Brand name and pack size must be submitted. Frozen items must be delivered in properly insulated, mechanically or thermostatically temperature controlled refrigeration units. Such equipment must be capable of maintaining a temperature to protect the product. All products must be delivered in a hard frozen state and show no signs of thawing and re-freezing.

6. BRAND NAMES – Those products listed with brand names must be quoted exactly as specified.

Substitutions will only be accepted with prior approval from the Steering Committee. For items where either of two brands are acceptable, please circle the brand bidding on. Brand name and pack size must be submitted.

**7. DELIVERY – The contractor will be responsible for the delivery of materials in first class condition at the point of delivery and in accordance with good commercial practice.

Attached is a list of anticipated school districts, their individual delivery points, and their time schedule. Twice per week deliveries, one primary and one secondary, must be acceptable. Delivery must be made during regular cafeteria hours. Call specific school for specifications. All orders will be a minimum of $100. No minimum order amounts from the vendor will be accepted. Minimum delivery charges and fuel costs must be calculated into the price of each item. Additional charges, such as fuel surcharges will not be allowed. A minimum delivery amount may be cause to reject entire bid.

8. BILLING – Two copies of the invoice shall be made to the office using services.

9.APPROXIMATE QUANTITIES – The approximate quantities, when indicated, are merely estimated quantities based on experience and are given for information purposes only. The school districts will not be compelled to order the total estimated amount during the period specified. Orders will be placed by telephone on a once-weekly as necessary basis.

**10. BACK ORDERS – A recurring tendency (2/mo) to back order, with documentation, shall be considered sufficient cause for cancellation of the contract.

**11. FAILURE TO DELIVER – In the event the contractor fails to deliver the items as ordered within the time specified, they will be procured from another source and the contractor agrees promptly to reimburse the school for excess costs caused by such purchases.

**12. DAMAGED ITEMS – The above-mentioned participants in this bid refuse to accept any damaged goods or cartons that are delivered to them and reserve the right to return such goods for full credit. Such returns often cause problems with meal planning. If damaged goods continue to be delivered after the vendor has been notified, they risk the cancellation of their contract. In this case, their items will be offered to the next lowest bidder, rebid, or quoted, at the discretion of Ulster

BOCES and the Steering Committee.

13. GOVERNMENT COMMODITIES – Preference will be given to items utilizing government commodities which result in a discount price.

14. REJECT CLAUSE – The District has the right to refuse the award to the lowest bidder if it is not in the best interest of the school district.

Also, in the interest of fairness to the vendors, the Steering Committee may determine that a vendor receiving award of less than fifteen (15) items may be eliminated.

**15. INGREDIENTS – Each vendor shall be required to submit to the districts a written list of ingredients and full nutritional analysis (calories, protein, carbohydrates, calcium, iron, Vitamin A, Vitamin C, as well as Percentage of Calories from Total Fat and Saturated Fat) for each awarded item within ten (10) days of award.

**16. GRAIN REQUIREMENTS FOR SCHOOL MEALS: Even if grain is not specifically mentioned in item description, all items must meet all NYS requirements.

Per NYSED: "Grain Requirements - Foods that qualify as whole grain-rich for the school meal programs are foods that contain 100% whole grain or contain a blend of whole grain and/or flour and enriched meal and/or flour of which at least 50% is whole grain. Whole grain-rich products must contain at least 50% whole-grains and the remaining grain, if any, must be enriched."

**17. MONTHLY USAGE REPORT – Each vendor is required to send a monthly usage report to each district.

**18. Each vendor must assign a contact sales person for each district to take orders, with an appropriate phone number. Please write the name of that person and the phone number on the bid.

**19. Buy American NSLA Requirement - as per Section 104(d) of the William F. Goodling Child

Nutrition Act of 1998. Products submitted with this bid must be domestically produced. Any exceptions from this must be labeled with the country of origin.

**20. ALL NUTRITIONAL ANALYSIS INFORMATION MUST BE RECEIVED BY

ULSTER BOCES WITHIN 20 DAYS OF NOTICE OF AWARD.

**21. At time of delivery, all dairy products must have at least 30 days until expiration date.

BIDDERS ARE CAUTIONED TO VERIFY THEIR

PRICING CAREFULLY BEFORE SUBMITTING.

ONCE SUBMITTED, PRICING MAY NOT BE

CHANGED EXCEPT WHEN EXERCISING THE

ESCALATOR CLAUSE.

FAILURE TO HOLD PRICING MAY EFFECT THE

CURRENT BID AWARD AND FUTURE AWARDS.

DELIVERY LOCATIONS AND DELIVERY TIMES

2X/week delivery must be available for all districts, one primary & one secondary.

Highland High School Between 7:00 AM – 12:30 PM

Pancake Hollow Road Monday through

Friday Highland, NY 12528

Highland Middle School Between 7:00 AM – 12:30 PM

71 Main Street Monday through Friday

Highland, NY 12528

Highland Elementary School Between 7:00 AM – 12:30 PM

16 Lockhart Lane Monday through Friday

Highland, NY 12528

Kingst…