BID Cosmetology Supplies and Kits WFLVC 2025-03.pdf

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL

TERMS AND CONDITIONS

GENERAL CONDITIONS

AND

BID SPECIFICATIONS/FORMS

COSMETOLOGY SUPPLIES AND KITS

WFLVC 2025-03

BIDS TO BE OPENED: May 23, 2024

TIME: 3:00 p.m., local time

PLACE: Wayne-Finger Lakes BOCES Business Office 131 Drumlin Court Newark, NY 14513-1863

Order of Precedence:

The terms of the bid specifications, the successful bidder’s proposal, and any resulting contract entered into between he BOCES and successful bidder shall govern the parties’ relationship, in the following order of precedence: (1) bid specifications, (2) the successful bidder’s proposal, and (3) any resulting contract entered into between the BOCES and successful bidder. The successful bidder’s proposal shall not be deemed to change or supersede the bid specifications, including but not limited to any supplementary documents, notes, comments, additions, or deletions purporting to amend the bid specifications.

Bid Opening – COVID 19:

*Bids will be opened in public at this location unless otherwise noted in compliance with then applicable health/safety protocols. In light of the COVID-19 pandemic, the bid opening will be conducted in accordance with applicable legal requirements and health/safety protocols, including but not limited to applicable restrictions on number of people present at in-person gatherings, social distancing, and PPE requirements.

Please note regarding inclement weather or other unforeseen circumstance:

In the event that the Regional Support Center located at the address above is closed due to inclement weather or other unforeseen circumstance, the bid opening will be held on the next business day this BOCES site is open at the same time noted in this bid; bids will be received until this time.

Wayne-Finger Lakes BOCES Cosmetology Supplies & Kits

CONFIRMATION RECEIPT FORM

Bid Title: COSMETOLOGY SUPPLIES AND KITS WFLVC 2025-03

Please complete and return this page to the Wayne-Finger Lakes BOCES by mail, email (WFLPurchasing@wflboces.org) or fax (315-332-7409)

To: Linda McClean, CPPB

131 Drumlin Ct.

Newark NY 14513-1863

IF YOU PLAN TO SUBMIT A BID, YOU MUST RETURN THIS FORM TO ENSURE THAT YOU

WILL RECEIVE ALL FURTHER COMMUNICATION REGARDING THIS BID.

Bidder _____________________________________________________________________

Address _____________________________________________________________________

City/State/Zip __________________________________________________________________

Signature _____________________________________________________________________

Typed Name _____________________________________________________________________

Title ____________________________________ Date: ____________________, 2024

Telephone (_____)__________________________ Fax (_____)_________________________

Email _____________________________________________________________________

LEGAL NOTICE TO BIDDERS

The Board of Cooperative Education Services for Ontario, Seneca, Wayne and Yates Counties, hereby invites the submission of bids on:

COSMETOLOGY SUPPLIES AND KITS

Bids will be received until May 23, 2024, at 3:00pm by the Wayne-

Finger Lakes BOCES Business Office, at which time and place they will be publicly opened and read.

Specifications and bid forms may be obtained at the same office or on-line at www.bidnetdirect.com or https://wflboces.ionwave.net

315-332-7458

By: Linda McClean, CPPB Purchasing Director

5/07/2024

The Cosmetology Kits and Supplies will be effective from July 1, 2024 – June 30, 2025

Wayne-Finger Lakes BOCES reserves the right to reject any and all bids, to waive any informality therein and to hold all bids for a period of forty-five days for proper analysis.

http://www.bidnetdirect.com/ https://wflboces.ionwave.net/

COSMETOLOGY SUPPLIES AND KITS WFLVC 2025-03

IMPORTANT NOTICE – Bid Distribution:

Wayne-Finger Lakes BOCES officially distributes bidding documents through the Empire State Online Bid Notification System, IonWave Technologies Online Bid Notification System, or directly from the Wayne- Finger Lakes Business Office.

Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from the sources mentioned above are guaranteed to receive addendum information if such information is issued. If you have obtained this document from another source, it is recommended that you obtain an official copy.

Empire State Online Bid Notification System: www.bidnetdirect.com

IonWave Technologies Online Bid Notification System: https://wflboces.ionwave.net

*Please Note: electronic submission of your bid document is only available thru use of the IonWave Technologies Online Bid Notification System.

Bid Submission Bids can be submitted by:

a) sealed, hard copy mailed to the exact location indicated on the Legal Notice to Bidders or

b) electronically thru the use of IonWave technologies website.

Do not do both and please plan accordingly.

* In the event that both options are submitted, the electronic submission through IonWave Technologies Website will prevail.

INSTRUCTIONS TO BIDDERS

1. Read all documents contained in the bid specifications.

2. Vendors are responsible for submitting their bids to the exact location indicated on the “Notice to

Bidders” prior to the time indicated in the “Notice to Bidders”. No bids will be accepted after the designated time indicated in the “Notice to Bidders. NOTE: This includes any changes listed on the latest addendum issued by Wayne-Finger Lakes BOCES, if any. It is suggested that registered mail be used to submit bids. Delay in mail delivery is not an exception to the deadline for receipt of bids.

3. Bids which are incomplete, unbalanced, conditional, obscure, or which contain additions not called for, alterations or irregularities of any kind, may be rejected as non-responsive at the sole option of the Wayne-Finger Lakes BOCES. Bidders are cautioned that they, not Wayne-Finger Lakes BOCES, are responsible for the acceptability of the bid.

4. Bidders are responsible for reporting, in writing, any errors found in the bid specifications to the Wayne-

Finger Lakes BOCES Purchasing Director, 131 Drumlin Court, Newark, New York 14513 or emailed to WFLPurchasing@wflboces.org.

5. Questions about or clarifications to the technical specifications must be made in writing to the

Purchasing Director prior to the bid opening. Such questions must be in the possession of the Purchasing Director five working days prior to the bid opening unless otherwise indicated. Verbal questions may not be entertained.

http://www.bidnetdirect.com/ https://wflboces.ionwave.net/

6. Bidders shall indicate on the outside of their sealed bid the following information:

1. Title of Bid and Bid Number

2. Date and Time of Bid Opening

3. Company Name

Vendors submitting “Alternate” pricing, products or services, must do so as a separate bid package to be considered for award. Each bid must be submitted under separate cover and will be considered on its own merits.

7. Bid form responses:

When filling out the Bid Proposal form(s) and Bid Line Items Listing be certain that:

1. All blanks are filled in with the requested information:

a. Supplier Notes (if applicable) any variations such as:

Product description, weight of container, color variance, etc.

b. Vendor’s Item Number

c. Unit Pack Size

d. Indicate if bidding “As Specified”; which means that it meets or exceeds what is stated on the vendor bid item listing.

2. All forms are signed in blue or other non-black ink, if submitting a sealed hard copy, or electronic signature.

3. All areas requiring a price are to be filled in as follows:

• Supply a numerical price for all products or services to be provided.

• Check the “No Bid” box for any item(s) you do not wish to submit a bid for.

• All markings other than those indicated above or any blank spaces where prices are indicated shall be deemed as a “no bid” by the BOCES and shall make the vendor non-responsive for that particular item(s). No exceptions shall be made in this case.

8. The only forms necessary to be submitted for a bid are the following:

• Bid Proposal Form, filled out completely (see Instructions to Bidder)

• Section A - Catalog/Website Instructions Form

• Section B - Discount Form

• Questionnaire

• Bidder Qualification & Disclosure Form

• Bid Proposal Certification/Non-Collusion Affidavit signed & dated.

• Resolution (For Corporate Bidders Only)

• Declaration Statement

• Vendor Bid Item Listing

• W-9

• Catalog Hard Copies (if applicable) – must be received by the date and time of the bid opening.

Failure to submit any of the above data may result in the rejection of the bids as non-responsible.

Furthermore, Wayne-Finger Lakes BOCES reserve the right to request any additional information deemed necessary for the proper evaluation of this bid.

GENERAL INFORMATION

1. SCOPE:

1.1 The Wayne-Finger Lakes BOCES (BOCES) Continuing Education and Vocational Education Programs require Cosmetology Supplies and Kits. It is the intent of the BOCES to contract with vendor(s) and to establish prices for these items for the stated contract term. Notwithstanding the details presented in the specifications, it being understood that a complete reliable supply of Cosmetology Supplies and Kits satisfactory to the BOCES shall be required in all cases.

1.2 The BOCES reserves the right to add to, or remove from, the contract at any time using departments.

2. AMENDMENTS TO BID:

Any verbal information obtained from, or statements made by representatives of Wayne-Finger Lakes BOCES at the time of examination of the documents or site shall not be construed as, in any way, amending contract documents. Only such corrections or addenda as are used by the BOCES in writing to all Contracts shall become a part of the Contract. Any addendum issued during the time of bidding shall be included in bids and become a part of the Contract Agreement.

3. DESCRIPTION OF BOCES:

3.1 The Board of Cooperative Educational Services (BOCES) was created by New York State legislation in 1948. Today, there are thirty-eight organizations in the State. Each has its own governing board, elected by members of the Boards of Education of the component districts. The primary purpose of the BOCES is to provide services to two or more member districts more effectively and economically than one district could provide alone. Each year, the component districts request the services they want their BOCES to provide in the following year. The various requests for services and programs are assembled into an operating plan along with the associated budget. The State Department is required to approve all services before they can be provided to districts. Legal contracts are drawn up and approved by the district, the individual BOCES and the Commissioner of Education.

3.2 BOCES is an educational agency of the State, and must, therefore, adhere to all laws and regulations of the State of New York, which govern the public schools in the State, as well as regulations controlling the BOCES. BOCES receives most of its money from the member districts. In return, the member districts receive BOCES aid based on their relative wealth and need for the service. The various BOCES operate many programs. Generally, the largest programs are associated with Career & Technical and Special Education.

3.3 Wayne-Finger Lakes BOCES covers a four-county region and supports 25 component school districts.

Students served by BOCES are provided instructional programs including Career and Technical education, programs for children with handicapping conditions, and Adult Education.

4. OBLIGATION OF BIDDERS:

4.1 At the time of the opening of the bids, each bidder will be presumed to have read and be thoroughly familiar with the contract documents. The failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to the submitted bid.

4.2 A bidder must supply, within three (3) days of request, any information requested by the BOCES as part of its review of qualifications.

4.3 The successful bidder must supply copies of catalog(s)/price list(s).

5. RESPONSIBILITY OF CONTRACTOR:

The contractor shall be responsible for providing, delivering and inspecting all materials ordered as a result of this bid. The contractor is responsible for following all instructions as described in this document.

6. CONTRACT TERM:

The contract resulting from this bid invitation shall remain in effect from July 1, 2024, through June 30, 2025.

7. SHORT TERM EXTENSION:

In the event the replacement contract has not been issued, any contract let and awarded hereunder by the BOCES, may be extended unilaterally by the BOCES for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), price, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month.

However, this extension terminates should the replacement contract be issued in the interim.

8. QUANTITIES:

The annual usage quantities indicated in the specifications represent estimated total requirements for the contract term. The totals are estimates ONLY and should not be construed to represent either maximum or minimum amounts to be purchased during the contract term. Therefore, the contract is only for quantities actually ordered.

9. OTHER CONTRACTS:

The BOCES reserves the right to purchase goods and services from any avenue legally available by NYS law throughout the duration of any contract resulting from this bid.

10. UNANTICIPATED REQUIREMENTS:

10.1 Every effort has been made to include all items that may be required during the contract term. If, however, items are required which are not listed on the Proposal, the BOCES reserves the right to negotiate with the vendor a mutually agreeable cost for the items not specified to the extent permitted by General Municipal Law Section 103 and other applicable law. Any such items must be approved in writing by the BOCES prior to the contractor providing the items. Upon approval, these items will be added to the contract under the same terms and conditions. The BOCES further reserves the right to obtain these items from other sources if the cost cannot be mutually agreed upon, or if purchase of the items is subject to competitive bidding requirements.

10.2 The BOCES further reserves the right to purchase through the competitive bidding process, unanticipated large volume requirements, whether or not listed on the Proposal, if the BOCES concludes that prices or other considerations will result in terms which will be more favorable to the BOCES.

11. BIDDER QUALIFICATIONS:

11.1 In order to be considered responsive, a bidder must demonstrate that, immediately upon award of contract, the bidder is capable of meeting the terms and conditions of this contract. By submitting a bid, a bidder acknowledges and accepts the right of the BOCES, at their sole discretion, to apply whatever criteria they deem to be reasonable in determining whether or not a bidder has demonstrated its capability of meeting the terms and conditions of this contract.

11.2 In addition to the requirements of the General Conditions, each successful bidder must be able to provide the BOCES, upon request, sufficient evidence that the bidder can be reasonably expected to meet the requirements of this contract. Specifically, any bidder must provide evidence of a multi-year track record of having met the needs of customers of the size and complexity of the BOCES.

11.3 Each successful bidder must be able to demonstrate the experience, financial stability, personnel, stock, plan capacity and systems requirements to perform this contract. Major criteria to be considered in evaluating these factors are:

1. Demonstration of stocking, warehousing, and ordering capability. Sufficient stock on hand to handle routine quantities of orders.

2. Demonstration of order taking and tracking capability. The bidder must have a system in place to efficiently and correctly handle multiple large orders from separate accounts.

3. Demonstration of delivery capability, i.e., and ability to provide separate delivery to each separate account within the time frames specified.

4. Demonstration of billing systems to insure smooth, correct and efficient billing to as many separate accounts as are established.

5. Demonstrate sufficient sales staff to receive orders and handle problems of all BOCES as required.

12. IRAN DIVESTMENT ACT:

12.1 By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the "Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012" list ("Prohibited Entities List") posted on the OGS website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended.

12.2 During the term of the Contract, should BOCES receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, BOCES will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity 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 and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

12.3 BOCES reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension 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.

13. BID FORMAT:

The bidder shall insert the unit price, the extended price, and any brand, quantity and/or size variance from the specified product on the bid forms enclosed for each item he/she proposes to furnish. In the event of a discrepancy between the unit price and any extension or bid total, the unit price will govern. If not bidding an item or items, mark NO BID in appropriate place, do not leave any blanks.

14. REGULATIONS:

All products must meet all applicable Local, State and Federal regulations.

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

15. SPECIFICATION REFERENCES:

15.1 For the items specified, the words "or equal" are understood after each item. All bidders are to identify the brand, specifications, weight and number of items per package, label standards and any variance on all items bid. If no description or alternate item information accompanies the bid, it will be assumed the bidder will furnish the item exactly as listed on the bid proposal form specifications. Items must be clearly labeled as to item and weight and packaged to assure adequate protection from dirt, moisture, or other contaminants.

15.2 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 he will arrange for their removal from the BOCES’s property at no expense to the BOCES. If successful bidder fails to remove the items, which, in the opinion of the Bid Committee, do not meet specifications, the BOCES will arrange to have such items removed and any expense connected therewith will be the responsibility of the successful bidder.

15.3 The BOCES reserves the right to determine products of equal value. The decision of the Bid Committee will be final as to acceptable alternates. Vendors will not be allowed to make unauthorized substitutions after award is made.

15.4 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 he will arrange for their removal from the BOCES’s property at no expense to the BOCES. If successful bidder fails to remove the items, which, in the opinion of the Bid Committee, do not meet specifications, the BOCES will arrange to have such items removed and any expense connected therewith will be the responsibility of the successful bidder.

15.5 In addition, during the term of the contract, the BOCES reserve the right to delete item(s) or add comparable item(s) to the list, at prices to be negotiated with the contractor.

16. TAX EXEMPT STATUS:

No charge will be allowed for federal, state or municipal sales and excise taxes for which the BOCES are exempt. The price shall be the net delivered price, including all discounts, and shall not include any charges taxes or fees.

17. CANCELLATION CLAUSE:

The BOCES reserves the right to cancel the contract at any time during the contract term upon ten (10) days written notice of cancellation mailed to the address of the vendor(s).

18. TERMINATION CLAUSE:

Wayne-Finger Lakes BOCES reserves the right to terminate any contract resulting from this bid with or without cause upon (10) ten-calendar days written notice to the vendor. Upon such written notice, said contract shall be terminated and the vendor agrees to remove said equipment from BOCES’ property within seven (7) calendar days and refund the Participant(s) in full for the equipment within that same timeframe.

19. NON-ASSIGNMENT:

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

20. GOVERNING LAW:

Any dispute arising under this Contract shall be governed by the laws of the State of New York, County of Wayne, Town of Arcadia. Any litigation under this Contract if commenced by Contractor shall be brought in a Court of competent jurisdiction in the State of New York, County of Wayne. Pending the resolution of any dispute, the Contractor shall proceed as directed by BOCES in writing.

21. JUDGEMENTS/LEGAL FINDINGS:

By submitting this bid for consideration, the vendor affirms that they currently have no judgments or other legal findings nor have any pending judgments or other legal findings against the company or any of its executives, with any federal, state or local government entities that in any way could impact or have potential to impact their ability to complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination, or any contracts and other penalties as deemed legal and appropriate by the BOCES.

22. NEW YORK STATE SEXUAL HARASSMENT LAWS:

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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace.

23. FORCE MAJEURE:

The Contractor shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, or acts of God, or for any other acts not within the control of the Contractor and which by the exercise of reasonable diligence he is unable to prevent. This section shall not be construed to relieve Contractor from liability caused by the negligence or willful misconduct of Contractor, its officers, employees, or agents.

24. DISCREPANCY:

In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this Bid and the Vendor’s Bid, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement, or ambiguity; 1) the Bid Document; 2) the Vendor’s proposal or bid.

25. NO ARBITRATION:

Disputes involving this contract including breach or alleged breach thereof, may not be submitted to binding arbitration, but must, instead, be heard in a court of competent jurisdiction of the State of New York, County of Wayne.

26. EXECUTORY CLAUSE:

This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract.

27. EXCEPTIONS:

Where a deviation or exception to this bid by the bidder to any part of this proposal, bidder must fully provide by a detailed explanation of exception on the Questionnaire Form. In the absence of a written exception or deviation, vendor agrees to fully comply with all conditions and specifications of the proposal.

28. INDEMNIFICATION:

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the BOCESs from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of contracted services, provided that such claim, damage, loss, or expense is attributed in whole or in part by negligent acts or omissions of the Contractor, his subcontractor, anyone https://www.ny.gov/programs/combating-sexual-harassment-workplace directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

29. ORDER OF PRECEDENCE:

Should a contradiction appear within this bid document, the following order of precedence shall prevail:

1. Bid Terms and Conditions

2. Bid Specifications

3. General Conditions

4. Purchase Order Conditions

30. ADD/DELETE ITEMS:

The BOCES reserves the right to add/delete related items to this contract upon the mutual consent of each party.

SPECIFICATIONS

Through this Request for Bids, the Wayne-Finger Lakes BOCES seeks qualified and responsive vendors to provide cosmetology supplies. Items to be purchased from this contract may include but are not limited to: Cosmetology supplies not specified in this bid. Items listed in Section A are specified on the Vendor Bid Item Listing. Vendors may bid Section B for items of unknown type and quantity which will be purchased throughout the bid term also.

SECTION A

The items listed in the attached Vendor Bid Item Listing will be referred to in this document as Section A, which consists of specific items the BOCES have purchased in the past year or anticipates the possibility of purchasing during the bid term. For items in Sections A, Bidders are to provide item pricing per the following conditions:

1. MINIMUM BID REQUIREMENTS:

• Cosmetology Program Kits:

Minimum: A BIDDER MUST PROVIDE ALL ITEMS REQUESTED IN THE KITS TO

BE CONSIDERED.

Award: Kits will be awarded to the lowest responsible and responsive bidder. The lowest bidder will be determined by a direct comparison of the prices received for the Kit items.

• Cosmetology Program Supplies:

Minimum: A BIDDER MUST BID AT LEAST 65% OF EACH PROGRAMS’ ITEMS

REQUESTED. In the event that all bidders do not meet the 65% requirement, the Board reserves the right to award the bid on the basis of a less than 65% bid.

Award: Cosmetology Program Supplies will be awarded to the two vendors submitting the lowest responsible and responsive bidder of common items.

• Nail Technician, Waxing Programs’ Supplies:

Minimum: A BIDDER MUST BID AT LEAST 65% OF EACH PROGRAMS’ ITEMS

REQUESTED. In the event that all bidders do not meet the 65% requirement, the Board reserves the right to award the bid on the basis of a less than 65% bid.

Award: Nail Technician, Waxing Programs’ Supplies will be awarded to the lowest responsible and responsive bidder of common items.

2. MINIMUM ACCEPTABLE STANDARDS:

As described in the detailed specifications.

3. DELIVERY COSTS:

3.1 Delivery of all items shall be FOB destination. In recognition of the added overhead involved, due in part to additional handling this may create and because we expect the lowest price per unit of issue, a minimum order quantity is recognized at $100.00 for all orders delivered to a single destination. Order quantities that do not meet the $100.00 minimum may be delivered FOB destination with freight (or delivery charges) allowed. Shipping charges should appear as a separate item on the vendor’s invoice. But, in cases where the aggregate sum exceeds $100.00 for multiple orders being delivered to the same location, then there will be no freight or delivery allowance. Any additional freight costs the bidder may anticipate should be factored into the product bid price.

3.2 NO ADDITIONAL SURCHARGE (INCLUDING BUT NOT LIMITED TO, FUEL SURCHARGE) will be paid by the BOCES, (no matter how small an order may be).

3.3 IDENTIFICATION OF DELIVERIES - Purchase order numbers must appear on the outside of all shipments.

4. SAFETY DATA SHEETS (SDS) AND TECHNICAL DATA SHEETS:

Successful vendor(s) must supply the Safety Data Sheets and Technical Data Sheets for each item awarded, to the Wayne-Finger Lakes BOCES Facilities Office, 24 Circle Drive, Newark, NY 14513-1863.

Such sheets must also be supplied with initial shipment ordered by the BOCES. Failure to do so will result in loss of award for the item(s).

SECTION B

Represents items of unknown type and quantity, which the BOCES will purchase throughout the bid term.

For Section B, Bidders are to quote percentage discount from any or all of the following:

Bidder’s general catalog which is current at the time of purchase.

Catalogs referenced in Section B may be hard copy catalogs, online catalogs, or price list.

Updated catalogs or price lists shall be automatically supplied to the BOCES at no additional cost during the bid term.

a) Catalog:

• Hard copy - If bidding discount from hard copy catalog, bidder shall furnish a copy of the current catalog with the bid submission. Additional copies of hard copy catalogs must be supplied at the BOCES’s request throughout the term of the bid at no cost to the

BOCES.

• Online - If bidding discount from an online catalog, bidder shall indicate the website address on the bid form.

b) Price List:

• Bidder’s list price which is current at the time of purchase.

• Specific manufacturers’ price lists Multiple manufacturers’ catalogs or price lists may be offered with discounts bid specific to each.

Bidder shall identify on the bid form the manufacturer name and shall reference the date of the manufacturer’s catalog or price list from which discount will be applied.

A copy of each referenced manufacturer’s price list or catalog must be provided with the bid.

Discount offered shall be a flat rate, reflecting the minimum discount offered to the BOCES for all purchases from that catalog or price list. However, multiple discounts from the same catalog or price list (e.g., varying discounts per item category) will not be considered.

All discount(s) offered (items a & b) shall be the minimum discount(s) offered to the BOCES at any time during the term of the bid.

NOTE OF CLARIFICATION: Section A prices are net, delivered prices. Section B is a discount pricing structure for items not covered in Section A. The discount quoted in Section B will not apply to the prices quoted in Section A.

1. For items in Section B, the following terms and conditions shall apply:

a. Catalog (or list) price, less the discount, shall be net price, and shall be F.O.B. destination, freight prepaid and allowed to any BOCES’s location. No additional costs for shipping or delivery will be accepted by the BOCES, with the exception of extremely large or overweight items (e.g., safes).

b. No minimum order requirements shall apply.

c. Section A participation is not required to participate in section B.

2. Purchases of items in Section B will be made as follows:

a. The BOCES will fax or email a price inquiry to all awarded Section B Bidders offering a general catalog or price list discount listing the specific item(s) to be purchased at the time.

b. If the BOCES requires a specific manufacturer’s product which is not on the Section A item list, the BOCES will fax or email a price inquiry to all awarded Section B bidders offering a general catalog or price list discount as well as to any awarded bidder offering a discount from that particular manufacturer’s price list.

c. Bidder’s price quotes shall be returned by fax or email to the BOCES within (1) business day of the request, unless otherwise specified on the price inquiry.

d. Bidder’s price quote shall specify base bid (catalog or list) price and net (discounted) price.

e. Award will be made to the Section B awarded bidder offering the best net price to the BOCES for a particular order.

3. In the event the successful bidder of Section B item(s) proposes a price increase during the contract term, and such price increase is permitted by law, such price increase will be considered or authorized only to the extent of the verified amount the cost of such item(s) was increased to the bidder by its supplier or manufacturer. The BOCES retains the right to determine whether or not such proposed increase(s) are in the best interest of the BOCES, and in accordance with applicable law. The 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. If it is determined that the proposed increase(s) are not acceptable, the BOCES reserves the right to cancel the respective bid or contract.

EVALUATION & AWARD DETERMINATION

1. LOW BID DETERMINATION:

a. Bidders are directed to bid all items that they are able to supply as indicated on the Vendor Bid Item Listing. To be considered a bidder must bid at least:

• 65% of the items requested for Cosmetology Supplies Vendor Bid Item Listing

• 100% of the items requested for Cosmetology Kits

b. In the event that all bidders do not meet the minimum percent requirement, the BOCES reserves the right to award the bid on the basis of less than the required percent bid.

c. Award of items in Section A will be awarded by the BOCES as follows:

• Kits:

Kits will be awarded to the lowest responsible and responsive bidder. The lowest bidder will be determined by a direct comparison of the prices received for the Kit items.

• Cosmetology Program Supplies:

Cosmetology Program Supplies will be awarded to the two vendors submitting the lowest responsible and responsive bidder of common items.

• Nail Technician, Waxing Programs’ Supplies:

Nail Technician, Waxing Programs’ Supplies will be awarded to the lowest responsible and responsive bidder of common items for each category.

d. The BOCES reserve the right to factor in the administrative costs of making multiple awards, issuing multiple orders and dealing with multiple vendors in calculating which bids actually result in the lowest overall costs to the BOCES; therefore, if making an award to one vendor is in the best interest of the BOCES, one award will be made. For example, the BOCES reserve the right to consolidate awards and not necessarily award to what appears to be a low bid when administrative costs actually make it more costly to the BOCES to award solely on the basis of the bid received.

e. The Cooperative Bid Committee reserves the right to award the bid on the basis of less than these percentages if deemed in the best interest of the BOCES. The Bid Committees decision as to the minimum percentages required to be considered is final.

f. Manufacturers’ model numbers are provided for all items for the purpose of designating a minimum standard of product type and quality. Manufacturer references are not intended to be restrictive. Bids may be submitted on the same or equivalent items. Bids will be considered for any product which meets or exceeds the functionality and quality of the specified item. If bidding an equivalent item, Bidder must provide the manufacturer and manufacturer’s model or item number in the appropriate column on the bid form. Vendors will not be allowed to make unauthorized substitutions after award is made.

Section B:

a) Section B Is handled by the Participant issuing the price inquiry, review and award will be done by said Participant. Participant(s) reserves the right to determine products of equal value; The decision of the Participant(s) as to whether an alternate or substitute is in fact “equal” shall be finale.

b) Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

c) The Participant(s) reserves the right to reject all quotes submitted under Section B or to accept any proposal that in the opinion of the Participant is in the best interest of their entity.

Also, reserved is the right to reject, for cause, any bid in whole or in part; to waive technical defects; qualifications; irregularities; and omissions if in its judgment the best interest of the Participant(s) will be served. Also, reserved is the right to reject quotes under this bid for Section B and to purchase items on State or County contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price.

2. TIEBREAKER PROCEDURE:

2.1 In the event that BOCES receives two or more low responsive and responsible tie bids for a solicitation, BOCES shall use the recognized "lottery method" to break the tie bid to determine the awardee. Supplier early payment discounts shall not be used in determining the low bidder.

2.2 All bidders that participated in the solicitation shall be notified by email of the tie bid and shall be invited to publicly witness the breaking of the tie bid in the BOCES Business Office. Those bidders shall be asked to respond back, via email, to the agency regarding their intention to witness this event.

2.3 The "lottery method" is based on a random selection drawing of a name from the pool of tie bidders.

Pieces of paper (buyer's business card, etc.) with one tie bidder's name per piece of paper shall be put into a container and either the buyer or another designated agency staff member will draw one lot with the winning tie bidder's name. At least two BOCES’ staff members shall be required to witness this lottery drawing.

2.4 The buyer shall create a dated witness sign in sheet and shall collect the names and signatures of all witnesses. The witness sign in sheet along with the tie bid email announcement and the individual bidder responses to witness the event shall be permanently added to the bid solicitation folder for future auditing purposes and/or to address potential protests.

POST AWARD CONTRACT PROCESS

1. PRODUCT SUPPLIED:

1.1 The items specified in the bid are readily available in the marketplace. Therefore, in the interest of providing equivalent quality at the lowest price to BOCES, the Wayne-Finger Lakes BOCES will accept bids for substitute items of equal quality. When a vendor bids a substitute for a specified product, the vendor must provide a sample of the item at the time of the bid submission. Failure to provide samples when bidding a substitute will be grounds for a no bid for that item as being non-responsive. The BOCES will evaluate all samples and determine comparability to specified item. The BOCES reserves the right to determine products of equal value. The decision of the BOCES will be final as to acceptable alternates.

1.2 Product Failure: 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 he will arrange for their removal from the BOCES(s) property at no expense to the BOCES(s). If successful bidder fails to remove the items which, in the opinion of the BOCES(s), do not meet specifications, the BOCES(s) will arrange to have such items removed and any expense connected therewith will be the responsibility of the successful bidder.

1.3 Additions/Deletions: addition, during the term of the contract, the BOCESs reserve the right to delete item(s) or add comparable item(s) to the list, at prices to be negotiated with the Contractor.

2. PRODUCT DELIVERED:

2.1 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 he will arrange for their removal from the BOCES; property at no expense to the BOCES. If successful bidder fails to remove the items, which, in the opinion of the Bid Committee, do not meet specifications, the BOCES will arrange to have such items removed and any expense connected therewith will be the responsibility of the successful bidder.

2.2 In addition, during the term of the contract, the BOCES reserves the right to delete item(s) or add comparable item(s) to the list, at prices to be negotiated with the vendor.

3. EXCESSIVE DELAY:

3.1 It is expected that the delivery of items will be received by the BOCES 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 BOCES reserves the right to terminate the order of any or all undelivered units.

3.2 The Board of Cooperative Educational Services reserves the right to cancel any or all items not delivered within forty-five (45) days of receipt of purchase orders, should doing so be in the best interest of their entity.

4. PURCHASE ORDERS:

Participating Districts will place Purchase Orders directly with the responsible bidder. Purchase orders shall be effective and binding upon the contractor when placed in the mail addressed to the contractor at the address shown on his/her bid form. (NO SUBSTITUTES AFTER AWARD OF BID.)

5. PAYMENTS:

Payments of any claim or invoice shall not preclude BOCES from making claims for adjustments on any item found not to have been in accordance with the contract specifications.

6. WARRANTY:

All delivered supplies are to be subject to instructor's inspection, and defective or damaged items are to be picked up and replaced by the vendor, within the original delivery time, without additional charge. All standard and available manufacturer or dealer warranties and guarantees shall apply to any item delivered.

7. IDENTIFICATION OF DELIVERIES:

Purchase order numbers must appear on the outside of all shipments.

8. USAGE REPORTS:

Each contractor must provide, upon request of the BOCES(s), a complete listing of all items delivered to the BOCES(s) during the contract term. Included in the listing must be sufficient description of the item, the item cost and the date of delivery. Contractor must be able to sort reports by manufacturer. Like items shall have a summary total given for the referenced time period.

9. ADD/DELETE ITEMS:

The BOCES reserves the right to add/delete related items to this contract upon the mutual consent of each party.

10. COMPLAINTS:

Both BOCES(s) and Vendor(s) shall submit all complaints in writing to:

Wayne-Finger Lakes BOCES Business Office Attn.: Linda McClean, CPPB Purchasing Director

Within four (4) days of occurrence. The Coordinator will maintain a file of all complaints that are submitted from both the BOCESs and the Vendor(s).

The BOCES reserves the right to reject any or all bids or to accept any proposal, which in the opinion of the BOCES is in the best interest of the BOCESs.

11. DELIVERY LOCATIONS:

Wayne-Finger Lakes BOCES Locations:

Technical & Career Centers:

Finger Lakes Technical and Career Center, 3501 County Rd 20, Stanley, NY 14561 Wayne Technical and Career Center, 4440 Ridge Rd., PO Box 19, Williamson, NY 14589

Regional Support Center:

Wayne-Finger Lakes BOCES, Eisenhower Receiving, 131 Drumlin CT., Newark, NY 14513 Wayne-Finger Lakes BOCES, EduTech Receiving, 150 Campus Dr., Newark, NY 14513

Wayne-Finger Lakes BOCES, Facilities, 74 Circle Drive, Newark NY 14513

12. PARTICIPATION - EXTENSION OF USE:

Participation by other BOCES, School District, and/or Other Political Subdivision within New York State:

Wayne-Finger Lakes BOCES reserves the right to allow all political subdivisions, municipalities, county, school districts, other BOCES, and not-for-profit organizations all authorized under the General Municipal Laws 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 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and Wayne-Finger Lakes BOCES.

Participation requires the filing of the appropriate Board Resolution with Wayne-Finger Lakes BOCES. The Participant list will be amended from time to time as additional resolutions are filed with the Purchasing Department at Wayne-Finger Lakes BOCES. Initial contact must be done thru Wayne-Finger Lakes BOCES Purchasing Department at: wflpurchasing@wflboces.org.

13. PRICE ADJUSTMENTS:

Any pricing adjustments during the contract term require written consent of the BOCES. In the event the successful bidder proposes a price increase during the contract term, and such price increase is permitted by law, such price increase will be considered or authorized only to the extent of the verified amount the cost of such item(s) was increased to the bidder by its supplier or manufacturer. The BOCES retains the right to determine whether or not such proposed increase(s) are in the best interest of the Participants, and in accordance with applicable law. Such price increase will become effective only after the BOCES receives a written request satisfying the requirements of this paragraph, and the BOCES agrees to the price increase in writing. The successful bidder may not institute the new pricing on any purchase order received prior to the acceptance date from the BOCES. The 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. This section shall not be construed as a waiver of the BOCES right to enforce the contract pricing terms, or other remedies available by law.

mailto:wflpurchasing@wflboces.org

Having carefully examined the specifications covering the supply of Cosmetology Supplies and Kits to the BOCES, the undersigned proposes to supply the required equipment in accordance with the Notice to Bidders, General Information and Specifications, State Laws and Regulations and municipal ordinances at the listed prices.

I further certify that we have read the "General Conditions" and agree to the terms of the bid, and if awarded, the contract.

Vendors are strongly cautioned to carefully review their bid before submitting and verify that all pricing is correct. No retractions will be allowed after the award of the bid.

Failure to sign and return this form, the Non-Collusive Bidding Certification, the Resolution (Corporate Bidders Only) and other required forms shall constitute grounds for rejection of the bid. These required forms are included in the General Conditions Section.

BID PROPOSAL FORM

Vendor must complete a), b) & c) below:

(failure to provide this information could deem a bidder as “non-responsive”; therefore, their bid would not be considered for award)

a) Estimated savings percent compared to current market price %______ (Please Complete - WFL BOCES will use this for informational purposes only)

b) _______ On the Vendor Bid Listing, the section for Supplier Notes, should bidder leave this section blank for any items bid, BOCES will assume that the bidder is bidding AS SPECIFIED.

Please Initial That You Acknowledge This Statement.

c) Sections Bidding - Check (√) all that Apply: �SECTION A �SECTION B* *Section B is for items not listed in Section A to be purchased during the contract term. If a vendor wishes to participate in Section B they MUST check here and complete page 23 Information on the process for Section B is contained herein or contact the Purchasing Department.

Bidder ___________________________________________________________________________

Address ___________________________________________________________________________

City/State/Zip ___________________________________________________________________________

Federal or Tax ID# _________________________________________________________________________

Signature ___________________________________________________________________________

Typed Name _____________________________________________Title__________________________

Date ___________, 2024 Telephone (_____)________________ Fax (_____)________________

Email __________________________________Website__________________________________

Addenda (Use this section only if addenda are received for this bid):

The…