BID Nursing Textbooks WFLVC 2026-10.pdf

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

TERMS AND CONDITIONS

GENERAL CONDITIONS

BID SPECIFICATIONS

AND

BID PROPOSAL/FORMS

NURSING TEXTBOOKS & RELATED ITEMS

WFLVC 2026-10

BIDS TO BE OPENED: May 15, 2025

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.

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.

CONFIRMATION RECEIPT FORM

Please complete and return this form to the Wayne-Finger Lakes BOCES by mail, email (WFLPurchasing@wflboces.org) or fax (315-332-7409) no later than May 8, 2025:

Date: ________________________

To: Linda McClean, CPPB Purchasing Director

Wayne-Finger Lakes BOCES 131 Drumlin Ct.

Newark NY 14513-1863

Failure to complete this form and return as indicated above will result in no further correspondence and may impact the ability of the vendor to be awarded a contract regarding this bid.

We have received your bid for Nursing Textbooks & Related Items WFLVC 2026-10:

( ) We hope to be able to offer a bid. Please send us copies of any addenda that is issued.

( ) We regret that we will not be able to offer a bid at this time. You need not send us copies of any addenda.

Bidder _________________________________________________________________

Address _________________________________________________________________

City/State/Zip _________________________________________________________________

Signature _________________________________________________________________

Typed Name ________________________________________________________________

Title ____________________________________ Date: ____________________, 2025

Telephone (_____)________________________ Fax (_____)_________________________

Email _________________________________________________________________ mailto:WFLPurchasing@wflboces.org

Wayne-Finger Lakes BOCES Nursing Textbooks & Related Items

LEGAL NOTICE TO BIDDERS

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

NURSING TEXTBOOKS & RELATED ITEMS

Bids will be received until 3:00 pm on May 15, 2025, 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

131 Drumlin Court

Newark, NY 14513-1863 315-332-7458

By: Linda McClean, CPPB Purchasing Director

04/15/2025

July 1, 2025 – June 30, 2026

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/

NURSING TEXTBOOKS & RELATED ITEMS (WFLVC 2026-10)

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, which is not mandatory but highly recommended.

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 using the IonWave technologies website. (Not mandatory but highly recommended.)

Do not do both and please plan accordingly.

*NOTE - If both options are submitted, 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.

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

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.

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 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

• References

• 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 bid as non-responsive. Furthermore, Wayne-Finger Lakes BOCES reserves 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 Continuing Education and Vocational Education Programs require NURSING TEXTBOOKS & RELATED ITEMS. It is the intent of the BOCES to contract with vendor(s) and to establish prices for these items for the stated contract term. Not withstanding the details presented in the specifications, it being understood that a complete reliable supply of NURSING TEXTBOOKS & RELATED ITEMS 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 Organizations, Departments, Agencies and School Districts.

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:

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.

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 the instructions described in this document.

6. BOCES' RESPONSIBILITY:

Although this bid was issued, evaluated, and awarded by the Wayne-Finger Lakes BOCES at the request of itself and participating school districts, BOCES' liability under contract is limited to coordination and BOCES issued purchase orders only. Districts are required to generate their own purchase orders (to the successful vendors) in accordance with the bid provisions and the attached schedule of awards.

7. PARTICIPANTS' RESPONSIBILITY:

Purchase Orders will be issued to the designated vendor(s) by the participants listed, authorized in accordance with established Municipal Accounting Practices. Those districts are solely responsible in contract for obligations entered into with the vendors.

8. CONTRACT TERM:

The contract resulting from this bid invitation shall remain in effect from July 1, 2025, to June 30, 2026.

9. 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.

10. 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.

11. 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.

12. UNANTICIPATED REQUIREMENTS:

12.1 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.

12.2 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 participants.

13. BIDDER QUALIFICATIONS:

13.1 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 to meet the terms and conditions of this contract.

13.2 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.

13.3 Each successful bidder must be able to demonstrate 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 ensure 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.

13.4 BOCES’ decision will be final as to who meets the minimum requirements to fulfill this contract.

14. 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/Offerors 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.

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

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.

15. 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 you do not bid an item or items, mark NO BID in appropriate place, do not leave any blanks.

16. REGULATIONS:

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

17. 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.

18. 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).

19. 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 BOCES in full for the equipment within that same timeframe.

20. NON-ASSIGNMENT:

It is mutually understood and agreed that the vendor 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.

21. 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.

22. 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 or BOCES.

23. 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.

24. 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.

25. 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.

26. 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.

27. EXECUTORY CLAUSE:

The Contractor specifically agrees that this contract shall be deemed executory only to the extent of monies available and no liability shall be incurred by BOCES or the Participants beyond the monies available for this contract.

28. 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.

29. INDEMNIFICATION:

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the BOCES from and against claims, damages, losses and expenses, including but not limited to attorney’s lees, 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 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.

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

30. 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

SPECIFICATIONS

Through this Request for Bids, the Wayne-Finger Lakes BOCES seeks qualified and responsive vendors to provide New Nursing Textbooks & Related Items as indicated in these specifications. Items listed in Section A are specified on the Vendor Bid Listing. Vendors may bid on Section B for items of unknown type and quantity which will be purchased throughout the bid term also.

SECTION A

A textbook, for the purpose of this bid shall mean any book or book substitute which shall include hard covered or paperback books, workbooks, and any other content based instructional materials in either hard copy or electronic form.

1. The successful vendor(s) MUST have at least five (5) years’ experience in supplying new textbooks to organization of comparable size and complexity as the BOCES. Bidder must complete and submit page 22 with their bid.

2. The items are listed in the attachment, Vendor Bid Listing, which consists of specific items the BOCES have purchased in the past year or anticipates the possibility of purchasing during the bid term. Bidders are to provide item pricing per the following conditions:

a. Bid price shall be quoted net, F.O.B. destination, inside delivery and shall include any and all charges for freight or delivery to any of the BOCES locations listed herein. NO

ADDITIONAL SURCHARGE (INCLUDING BUT NOT LIMITED TO, FUEL

SURCHARGE) will be paid for by BOCES, (no matter how small an order may be).

i. Deliveries must be made within fifteen (15) business days of receipt of purchase order. Noncompliance with the delivery schedule may result in the termination of the vendor’s contract.

ii. The successful vendor will notify BOCES via email within 24 hours of having determined, or when it should have reasonably determined, that delivery cannot be made within (10) ten business days of receipt of purchase order. Within (48) forty-eight hours of such notification, Successful Vendor must provide BOCES with a date certain when such delivery will be made.

b. Minimum order is $100.00.

c. Bidders are directed to bid on all items which they are able to supply as indicated on the bid proposal form. The bidder shall insert the unit price, the extended price, and any 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 a category/group, mark N/A in appropriate place(s), do not leave any blanks.

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

SECTION B

Represents items of unknown type and quantity, which the Participants 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 Participants 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 Participant’s request throughout the term of the bid at no cost to the Participant. The catalog pricing provided at the time the bid is submitted shall remain in effect during the contract term, except as expressly authorized herein.

• Online - If bidding discount from an online catalog, bidder shall indicate the website address on the bid form. The online catalog pricing provided at the time the bid is submitted shall remain in effect during the contract term, except as expressly authorized herein.

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’s 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. The manufacturer’s price list or catalog pricing provided at the time the bid is submitted shall remain in effect during the contract term, except as expressly authorized herein.

Discount offered shall be a flat rate, reflecting the minimum discount offered to the Participant 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 Participant at any time during the term of the bid.

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 Participant’s location.

No additional costs for shipping or delivery will be accepted by the Participant, with the exception of extremely large or overweight items (i.e., 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 Participant will fax or email a price inquiry to all awarded Section B

Bidders offering a general catalog or price list discount (ref. items a-b), listing the specific item(s) to be purchased at the time.

b. If the Participant requires a specific manufacturer’s product which is not on the Section A item list, the Participant will fax or email a price inquiry to all awarded Section B bidders offering a general catalog or price list discount (ref. items 1 a-b) as well as to award 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 Participant 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 given to the Section B awarded bidder offering the best net price to the Participant 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 Participants, 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. BID AWARD DETERMINATION:

Section A:

a) Bidders are directed to bid on all items, which they are able to supply as indicated on the bid proposal form. The bidder shall insert the unit price, the extended price, and any 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 a category/group, mark N/A in appropriate place(s), do not leave any blanks.

b) Award: The contract will be awarded by the BOCES by line item, group, sub-group or any combination of groups, or on a total sum basis to the lowest responsive and responsible bidder(s) meeting all of the specifications.

i. Bidders are required to provide references indicating the minimum required experience, and complete the Vendor Bid Proposal Questionnaire in order to be considered. Failure to provide this required documentation may deem a bidder as nonresponsive and bid may be rejected.

ii. The BOCES reserves 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 reserves 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.

iii. The award will be made within forty-five (45) days after the opening of bids.

Section B:

Section B Is handled by the Participant issuing the price inquiry, review and award will be done by said Participant.

2. TIEBREAKING:

a. 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.

b. 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.

c. 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.

POST AWARD CONTRACT PROCESS

1. PRODUCT SUPPLIED:

1.1 Nursing Textbooks & Related Items: The items specified are readily available in the marketplace. The Books specified in this bid have been approved for use in the program by the BOCES and are therefore the only product to be supplied.

1.2 Additions/Deletions: 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 Contractor.

1.3 Successful vendor(s) must provide free, live webinars from publisher for any new student or instructor resources that change during the contract term.

1.4 BOCES must be able to contact the vendor during the regular workweek, Monday thru Friday 8 AM to 4 PM EST.

1.5 Returns/Restocking - In the event that a shipment occurs that requires the books to be returned the following will apply:

i. Vendor Error – If books are received that are not correct according to the purchase order, the vendor will send a call tag for the box of books and issue a credit immediately for the total amount invoiced.

ii. BOCES Ordering Error – If books are received that are as per a BOCES purchase order but are incorrect, if notified by BOCES, vendor will issue a credit for the entire order upon receipt of return items. However, it will be BOCES responsibility and expense to ship the books back to the vendor. Vendor must accept returns within thirty (30) days of original invoice for said items and no restocking charges shall apply having carefully examined the specifications covering the providing of Nursing Textbooks & Related Items, (WFLVC 2026-10) for the Wayne-Finger Lakes BOCES, the undersigned proposes to supply the required items in accordance with the Notice to Bidders, General Information and Specifications, State Laws and Regulations and municipal ordinances at the listed prices.

1.6 Purchase Verification: As part of the post-award process, the awarded supplier(s) must ensure that all products purchased through their distribution channel(s) include the necessary documentation and credentials required for the publisher to validate the purchase. This validation must enable end-users to access any complimentary teaching tools, instructional resources, or digital materials provided by the publisher as part of the product. Failure to comply with this requirement may result in the withholding of payment, penalties, or termination of the contract.

Suppliers are encouraged to work directly with publishers to ensure seamless access to these essential tools for all users.

2. PURCHASE ORDERS:

The BOCES 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 WILL BE MADE AFTER AWARD OF BID.) Each department will indicate on the purchase order the addressee and the date by which they require delivery. The departments will place color/size on purchase orders where necessary.

3. EXCESSIVE DELAY:

3.1 It is expected that the delivery of items will be received by the BOCES within fifteen (15) days from receipt of order by the vendor. If delivery by the vendor is delayed by more than ten (10) business days after the fifteen (15) 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. USAGE REPORTS:

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

5. PAYMENTS:

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

6. STOCK-OUT CLAUSE:

Bidder agrees to inform the ordering participant of out-of-stock items within three (3) working days of receipt of participant’s purchase order. The awarded vendor will make NO substitutions for out-of-stock items without advance approval of the ordering participant. If a participant is forced to purchase out of stock items or items not meeting specifications from another vendor, the original vendor MUST deduct the excess amount paid from the next invoice sent to the participant.

7. INVOICES:

7.1 The successful vendor(s) will be required to review purchase orders for accuracy prior to processing i.e. inform BOCES of errors in ISBN numbers, errors in the identification of publishers, books out of print, books not available, teacher editions, etc.

7.2 Invoices must be detailed and include the publisher, the bid price and the BOCES purchase order number. Such details must be included in the body of the invoice or provided as an attachment to the invoice. Separate invoices are required for each purchase order. Failure to comply may result in delays in payment.

7.3 Vendor must include the BOCES purchase order number on all invoices. Failure to do so may delay payment.

8. DAMAGED GOODS/SHIPPING ERRORS:

The bidder agrees to remove and replace any visibly damaged cartons, and all products found damaged upon opening or products that do not meet specifications. The bidder agrees to make good any discrepancies or errors found in receiving such as incorrect amounts, etc. Failure by the bidder to remove damaged or incorrect products will be regarded as abandonment and the BOCES will have the right to dispose of said items as it sees fit.

9. COMPLAINTS:

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

Wayne-Finger Lakes BOCES Business Office Attn.: Purchasing Director 131 Drumlin Court

Newark, NY 14513-1863 within four (4) days of occurrence. The Purchasing Department will maintain a file of all complaints that are submitted from both the BOCES 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 the best interest of the BOCES.

10. DELIVERY LOCATIONS:

Wayne-Finger Lakes BOCES Continuing Education Programs

121 Drumlin Court Newark, NY 14513

Finger Lakes Technical & Career Center

3501 County Road 20 Stanley, NY 14561

Wayne Technical & Career Center 4440 Ridge Road Williamson, NY 14589

11. 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 BOCES, 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.

Having carefully examined the specifications covering the supply of Nursing Textbooks & Related Items 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.

NURSING TEXTBOOKS & RELATED ITEMS WFLVC 2026-10 Bid Proposal Form Vendor must complete a) & b) 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) 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 21. Information on the process for Section B is contained herein or contact the Purchasing

Department.

Based on the unit pricing bid for items in the following categories, please provide estimated book totals for:

LPN Program: $____________________________ Health Career Programs $________________________

Bidder ____________________________________________________________________________________

Address ____________________________________________________________________________________

City/State/Zip_________________________________________________________________________________

Federal or Tax ID# _________________ Telephone (_____)______________ Fax (_____)___________________

Signature___________________________________________________Date________________________, 2025

Typed Name_________________________________________Title_____________________________________

Email___________________________________________Website______________________________________

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

The following is confirmation of all the addenda upon which this bid proposal is based.

____Addenda #___________________ - Received _______________ ____________

(insert date) initialed by Rep.

____Addenda #___________________ - Received _______________ ____________

(insert date) Initialed by Rep.

NOTE: By signing and submitting this bid for consideration by Wayne-Finger Lakes BOCES the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration.

(MUST BE RETURNED WITH BID FORM)

SECTION A - CATALOG / WEBSITE INSTRUCTIONS - FORM

Any bidder participating in Section A by submitting a bid on the attached Vendor Bid Listing must supply with their bid packet, two (2) copies of their current catalogs, or website information below; this information will be used in the analysis of any items bid.

NOTES:

• For any item(s) not available in the bidder’s catalog, the item(s) bid must be available on the bidder’s website or bidder must supply manufacturer spec sheets;

information must contain description, packaging, etc., everything needed to determine equality.

• If access is needed to vendor’s website, bidder must supply all necessary information below.

• If documentation is not provided with bid, any items that cannot be verified to be equivalent may not be considered in the award process.

• Additional Catalogs must be mailed to the BOCES upon contract award.

Please check either or both:

Hard copies* included with bid submission.

Catalog Name(s)/Date(s): _____________________________________

*If submitting bid electronically, hard copy catalogs must be received by us on or before the date and time of the bid opening.

Website: _________________________________________________ Login or other information needed (if applicable):

Bidder Name:__________________________________________________________

Authorized Rep:________________________________ Title:___________________

Rep. Signature:___________________________________ Date:_________________

SECTION B DISCOUNT

Section B represents items of unknown type and quantity, which the Participants may purchase during the contract term; Items are not listed in Section A. Section A participation is not required to participate in section B.

Process for Section B is outlined in the bid specifications (see pg.13 for complete information).

Bidder Name: _________________________________________________________________

Authorized Rep: ________________________________Title: __________________________

Rep. Signature: ________________________________________ Date:__________________

Please indicate if you wish to Participate in Section B (Check one):

___________ Not Participate

No further information is needed for this Section

___________ Participate; Complete the following information:

Minimum Discount Offered__________ %

Check A, B or C indicating what the discount is on:

□A. Catalog - If you offer a discount from a hard copy catalog submit a current catalog with the bid.

Catalog Name/Date: ____________________________________________

*If submitting a bid electronically, hard copy catalogs must be received by us on or before the date and time of the bid opening.

□B. Website - If offering a discount from online catalog, indicate the website address.

Website: _____________________________________________________

Include any login credentials as needed to view products and pricing information.

□C. Price List - If offering a discount from list pricing, furnish a copy of your current price list on CD-ROM, USB Flash Drive, EXCEL or PDF File.

Name/Date of List on CD ROM ____________________________________

References/Experience

The successful vendor(s) MUST have at least five (5) years’ experience in supplying new textbooks to organization of comparable size and complexity as the BOCES.

1) Company Name: _________________________________________________________

Main Contact: _________________________________________________________

Address: _________________________________________________________

Phone: __________________________Fax:___________________________

Email: _________________________________________________________

Length of Time Supplied: ___________________________________________________

2) Company Name: _________________________________________________________

Phone: __________________________Fax:___________________________

3) Company Name: _________________________________________________________

Phone:…