BF-FD-2026-01A-Addendum.pdf

LEGAL ADDENDUM — PROCUREMENT AND BID ADMINISTRATION

BIG FLATS FIRE DISTRICT NO. 1

This page is intended to be incorporated into and read together with the Bid Package for Bid No. BF-FD-2026-01A, Jet- Powered Shallow-Water Rescue Boat.

1. STATUTORY COMPETITIVE BIDDING

This procurement shall be administered in accordance with applicable New York State law, including General Municipal Law §103, and the District's duly adopted procurement policies and procedures. To the extent the purchase contract exceeds the statutory competitive-bidding threshold, the District shall use the required public advertisement and sealed-bid process and shall award the contract in accordance with the applicable statutory standard.

General Municipal Law §103 currently provides that purchase contracts involving an expenditure of more than $20,000, absent an applicable exception, are subject to competitive bidding and award to the lowest responsible bidder after advertisement for sealed bids. The District shall comply with the statute in effect at the time of advertisement and award.

2. PUBLIC ADVERTISEMENT AND OPENING

The District shall publish the required legal notice in the manner required by General Municipal Law §103. The advertisement shall state the time and place for the public opening and reading of bids. All timely received sealed bids shall be maintained in accordance with District procedure and opened and read publicly at the advertised time and place.

The Board of Fire Commissioners has authorized the receipt of bids in electronic format and has designated Public Purchase (www.publicpurchase.com) as the District's sole authorized electronic receiving device for this solicitation, consistent with General Municipal Law §103. Hard-copy sealed bids delivered to the District's offices remain an equally valid submission method. No other electronic means, including email or facsimile, is an authorized receiving device, and a bid submitted by such other means is not a sealed bid within the meaning of General Municipal Law §103.

3. EQUAL INFORMATION TO BIDDERS

All prospective bidders shall receive the same material information concerning the solicitation. Questions shall be submitted through the designated District procurement contact. Material answers, clarifications, corrections, or modifications shall be issued by written addendum and made available to prospective bidders. No oral statement shall modify the solicitation.

4. SPECIFICATIONS AND EQUIVALENT PRODUCTS

The technical specifications are intended to establish objective minimum functional, operational, safety, construction, and performance requirements for an emergency shallow-water rescue vessel. The specifications shall not be interpreted as requiring a particular manufacturer or brand unless the District separately adopts a legally sufficient standardization determination under applicable law.

A bidder may propose an equivalent or superior product. The bidder shall identify the proposed product's specifications and provide sufficient manufacturer documentation to permit the District to determine whether the proposal satisfies the stated minimum requirements. The District shall apply the same objective requirements to all bidders.

5. RESPONSIVENESS AND RESPONSIBILITY

The District may determine whether each bid is responsive to the material requirements of the solicitation and whether each bidder is responsible. The District shall document material determinations supporting the award. The public reading of bids shall not constitute acceptance or award.

Big Flats Fire District No. 1 — Jet-Powered Water Rescue Boat Bid Package • Bid No. BF-FD-2026-01A • Page 1

6. AWARD STANDARD

Subject to applicable law, the award shall be made to the lowest responsible and responsive bidder whose bid conforms to the material requirements of the solicitation and who furnishes any required security. The District shall not use undisclosed evaluation criteria or a subjective preference for a particular manufacturer.

As disclosed in Section 22 of the Bid Package, the District may consider a bidder's use of an active, NYS-eligible cooperative purchasing contract (e.g., Sourcewell) as one factor bearing on price reasonableness and bidder responsibility. This factor is applied on an equal, disclosed basis to all bidders, does not substitute for the lowest responsible and responsive bidder standard, and is not a weighted or scored evaluation criterion.

7. BID SECURITY AND REQUIRED DOCUMENTS

Any bid bond, security, non-collusion certification, insurance documentation, or other required submission shall be included only to the extent specified in the final adopted bid documents and permitted or required by applicable law. A bid may be rejected as non-responsive for failure to provide a material required submission.

8. ADDENDA

If the District issues a material addendum that changes specifications, deadlines, or other material bid requirements, the District shall provide the addendum to prospective bidders and, when necessary to preserve a fair opportunity to compete, extend the bid deadline by written notice.

9. PROCUREMENT RECORD

The District shall maintain a procurement file containing, as applicable, the legal advertisement and proof of publication;

final specifications; bidder distribution records; questions and responses; addenda; all bids received; public bid-opening record; bid tabulation; responsiveness and responsibility determinations; Board award action; executed contract or purchase order; delivery and acceptance records; and payment records.

10. CONFLICTS AND COLLUSION

Bidders shall disclose actual conflicts of interest required by law or the solicitation and shall submit the applicable non-collusive bidding certification required by General Municipal Law §103-d. No District representative shall provide a bidder with non-public material information or privately modify the specifications for an individual bidder.

11. SAVINGS CLAUSE

If any provision of the solicitation is determined to conflict with applicable law, the applicable law shall control, and the remaining provisions shall remain effective to the fullest extent permitted. The District may issue a written addendum to correct or clarify any provision before the bid opening.

STATUTORY REFERENCES FOR PROCUREMENT FILE

General Municipal Law §103 — Advertising for bids and offers; letting of contracts. General Municipal Law §103-d — Non-collusive bidding certification. General Municipal Law §104-b — Procurement policies and procedures for purchases not subject to competitive bidding. The District shall comply with the versions of these provisions in effect when the procurement is conducted.

This addendum does not waive any statutory requirement, District procurement policy, or other applicable legal requirement.

Big Flats Fire District No. 1 — Jet-Powered Water Rescue Boat Bid Package • Bid No. BF-FD-2026-01A • Page 2