COMPUTER EQ _ SUPPLIES 25-26-13MB.pdf

NAME OF BIDDER:

BUSINESS ADDRESS:

CITY: STATE: ZIP:

TELEPHONE: FAX #:

EMAIL:

DATE OF BID:

PERSON WHO PREPARED BID:

TITLE:

In accordance with the provision of Section 103 of Article 5-A of the General Municipal Law, an advertisement of bids was published in NEWSDAY on .

As stated in such notice, bids will be publicly opened and read in the Office of the Purchasing

Agent, Western Suffolk BOCES, 507 Deer Park Road, Huntington Station, New York, time in effect on: at 3:00PM .

PLEASE DO NOT SEPARATE THESE PAGES

SUBMIT BID WITH ALL PAGES INTACT

PLEASE COMPLETE LAST PAGE

April 22, 2025

May 6, 2025

SPECIFICATIONS & BID FORM

COMPUTER EQUIPMENT & SUPPLIES

BID #25/26-13MB

FOR

WESTERN SUFFOLK BOCES

507 Deer Park Road, P.O. Box 8007 Huntington Station, NY 11746-9007

Board of Cooperative Educational Services Second Supervisory District of Suffolk County

507 Deer Park Road Huntington Station, New York 11746

To: Bidders From: Lorraine Hein, NIGP-CPP, CPPB, Director of Business Re: BOCES BID #25/26-13MB COMPUTER EQUIPMENT & SUPPLIES We would be pleased to receive your bid in accordance with the instructions set forth. In order to receive consideration, bids must be submitted to the Purchasing Office at the above address no later than 3:00 P.M. on MAY 6, 2025.

Attachments

Document

Must Be Returned/Signed and/or Initialed with Bid

Response to be Considered for Award

Pages

► Notice to Bidders No 1 ► General Conditions Yes 6 ► Specifications Yes 24

► How to Submit Cost Proposal Spreadsheet No 1

Bid Form/Vendor Information and Acknowledgement & Cost Proposal Page Yes 17

► Bid Reference Form Yes 3

Certification Pursuant to GML 103-g Iranian Energy Sector Divestment Yes 2

► Certification of Sexual Harassment Prevention Yes 1 ► Disclosure Form (% portion must be filled out) Yes 1 ► Hold Harmless & Indemnification Agreement Yes 1 ► Affidavit of Compliance Yes 1 ► Additional Terms & Conditions for FEMA Contracts No 9 ► Certification Regarding Lobbying Yes 1 ► W-9 Form Yes 1 ► ACH Form If applicable 1 ► Statement of “No Bid” Form If applicable 1 ► Bid Proposal Certification Yes 1

Important Notice – Bid Distribution: Western Suffolk BOCES officially distributes bid documents from the Purchasing Office or through the Bid Notification System. Copies of bid documents obtained from any other source are not considered official copies. Only those vendors who obtain bid documents from either the BOCES Purchasing Office or the Empire State Bid Notification System at:

https://www.bidnetdirect.com/new-york are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Western Suffolk BOCES Purchasing Office or the Empire State Bid Notification System, BOCES will not guarantee the integrity of the document. It is recommended that you obtain an official copy from the BOCES Purchasing Office or through the above referenced Bid Notification System.

Note: The proposal of each bidder shall contain the certification to non-collusive bidding as set forth in section 103-d of the General Municipal Law included in the specifications. The vendor must be in strict compliance with this requirement. Filing of Affidavit of Disclosure is mandatory when submitting your bid for this project.

The undersigned reserves the right to reject any and all proposals and to accept any proposal or proposals as submitted, or as modified, which in the opinion of the undersigned will be in the best interests of the Western Suffolk BOCES.

The following Notice to Bidders is being published in the official newspapers of BOCES on

APRIL 22, 2025

Notice to Bidders

The Board of Cooperative Educational Services, Second Supervisory District of Suffolk County (in accordance with Section 103 of Article 5A of the General Municipal Law) hereby invites the submission of sealed bids for the following:

BID #25/26-13MB COMPUTER EQUIPMENT & SUPPLIES

BID #25/26-15JN AVIATION EQUIPMENT & SUPPLIES

BID #25/26-16AN AUDIO VISUAL EQUIPMENT AND SUPPLIES

Bids will be received until 3:00 PM., MAY 6, 2025 at the Office of the Board of Cooperative Educational Services, Second Supervisory District of Suffolk County, Mailing Address: 507 Deer Park Road, P.O. Box 8007, Huntington Station, NY 11746, Physical Address: 507 Deer Park Ave, Dix Hills, NY 11746, at which time and place all timely bids will be publicly opened. Bid packages and addenda (as applicable) may be obtained at the same office daily from 8:45 A.M. to 4:30 P.M., except Saturdays, Sundays, and Holidays or may be retrieved at https://www.bidnetdirect.com/newyork

The Board of Cooperative Educational Services, Second Supervisory District of Suffolk County, reserves the right to reject any or all bids, or to accept part of any bid.

By: Lorraine Hein, NIGP-CPP, CPPB Director of Business

____Understood and Agreed Proposer’s Initials i

WESTERN SUFFOLK BOCES

SECOND SUPERVISORY DISTRICT

507 DEER PARK RD, PO BOX 8007

HUNTINGTON STATION, NY 11746-9007

(631) 549-4900

GENERAL CONDITIONS

Invitations to bid issued by Western Suffolk BOCES will bind successful bidders to the conditions and requirements set forth in these General Conditions and shall be an integral part of each purchase contract awarded.

I. SCOPE

a. Sealed proposals for the furnishing, delivery, and installation where called for of services, materials, equipment and/or supplies, as per NOTICE TO BIDDERS attached hereto, will be opened and read at the offices of WESTERN SUFFOLK BOCES, 507 Deer Park Road, PO Box 8007, Huntington Station, New York at the time and date mentioned in the NOTICE TO BIDDERS.

II. FORM OF BID

a. Proposals must be completely filled out on designated BID FORMS including cover sheet and non-collusion statement and submitted sealed in an envelope. Proposals, at the option of the bidders may be mailed in an envelope, to the above address, or by any other means, but must be received by the time and date specified on the bid. No postponements of bid opening will be allowed. Bids received after the time stated in Notice to Bidders will not be considered and will be returned to bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees. The bidder assumes all responsibility for having his bid deposited on time at the place specified. Telegraph, facsimile, telephone or verbal bids or amendments will not be accepted. If there are two or more bids opening on the same date, in which a prospective bidder is interested, each bid must be in a separate envelope as outlined above.

b. The BID FORMS as well as the INSTRUCTIONS TO BIDDERS shall be an integral part of all contracts, and their provisions shall govern the performance to be rendered under the contract.

c. Submission of a proposal will be construed as indication that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment or services required and can furnish same satisfactorily and in complete compliance with the specifications as indicated on the BID FORMS and is familiar with all the documents and terms of this bid.

d. Bids shall be binding for contract award purposes for a period of sixty (60) days subsequent to the date of bid opening. The Board, at its discretion, may reject any Bid that fails to fully comply and conform to the

INSTRUCTIONS TO BIDDERS.

e. No alteration, erasure or addition in the typewritten or printed matter of this bid is to be made. Manufacturer’s alternate or deviations from the specifications must be legibly indicated next to the item. Illegible or vague bids may be rejected. All Bid prices must be typed in or handwritten in ink. All signatures must be original and handwritten in ink. Facsimile, printed, or typewritten signatures are not acceptable.

f. No interpretation of specifications or terms of bid will be made to any bidder orally. Every request for such interpretation must be in writing, addressed to the Purchasing Agent, and not later than five days prior to the date of the bid opening. Response, if any, of any interpretations shall be sent to all bidders of record by the Board in the form of an addendum to the bid. Such addenda shall become part of the contract documents.

III. BIDDERS OBLIGATIONS

a. The price submitted must be net and include all transportation and delivery charges fully prepaid by the Vendor to the destination indicated in the Bid and/or on the Purchase Order provided by Western Suffolk BOCES. All prices submitted must be “per unit” and the extension(s) (if space is provided) against each item in the enclosed forms, which he proposes to furnish, deliver and install where called for. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Unit price shall be extended in decimals not fractions and shall not be extended more than two (2) decimal places. The words “NO BID” should be inserted alongside those items which are not bid upon. However, where an item has been discontinued by the manufacturer, it is requested that this be noted on the bid, so that the item may be deleted in the future. Where bid documents require bids for lump-sums, Bidder must bid on each item in the lump-sum group. If Bidder is mot charging for an Item in a group, the Bidder must indicate “no charge” or the Bid for the group may be rejected.

b. If there should be a discrepancy between the description and manufacturer’s catalog number, etc. the description shall govern. It will be the obligation of the bidder to insert the correct manufacturer’s catalog number. All prices are deemed to be for NEW machinery, equipment, materials or supplies, of the latest model, and in current production, and ready for use unless otherwise specified in the bid solicitation.

c. Do not use jobbers, wholesalers, catalogers, etc., catalog numbers. Use only bona fide manufacturers numbers when offering alternates; i.e. Do not use Smith Wholesale Distributors #123, rather use Jones Mfg. Co. #456.

Failure to comply with this instruction may cause bid to be rejected.

d. Whenever a particular article has been specified by a manufacturer’s designation, such designation is made as a general standard for type, size and quality, and it is not intended to restrict competitive bidding. The term “or equal” is implied on all items of bid, but it is not construed to limit bidding to the manufacturers listed. When ii bidding on a manufacturer’s alternate, the bidder must list and identify the item in the space provided with the complete catalog designation/description, not the generic term.

Also, the bidder must supply catalog cuts and/or prints showing complete specifications. Any other make may be offered if the product is equivalent. In the absence of any mention of an alternate to the standard, it will be construed that you are bidding item as specified. It shall be the responsibility of the bidder to provide sufficient detailed information to describe all such alternative equivalents with his proposal. Failure to do this will be cause for rejection. The board shall be sole judge as to acceptable equivalency.

e. Where applicable, it will be presumed that each bidder will have inspected the site and to have examined and to be thoroughly familiar with the drawings, general requirements and specifications (including all addenda thereto) prior to bid opening. The failure and/or omission of any bidder to receive or examine any drawings, forms, instructions, or documents shall in no way relieve such bidder from any obligations in respect to his bid.

f. No charge will be allowed for Federal, State or Municipal sales and excise taxes, from which the political subdivisions are exempt or for any portion of a gross receipts tax, MTA surcharge or other tax or surcharge which was imposed upon the Vendor. The price shall be net and shall not include the amount of any such tax.

Exemption certificates, if required, will be furnished on forms provided by the bidder.

g. As this bid reflects delivery to several locations, do not change quantity requested to higher units: i.e. if quantity is eleven (11), changing the unit to one dozen will cause bid to be rejected. If bid calls for dozens, do not bid each, but rather dozen, etc.

h. Sales to political subdivisions are not affected by fair trade agreements (General Business Law, ch.39, Sec. 369-a, Sub. 3, L.1941)

IV. AWARD OF BID

a. Award will be made as soon as possible after bid opening to the lowest responsible bidder meeting specifications in accordance with Section 103 of Article #5 of the General Municipal Law.

b. The Board reserves the right to waive any informalities, irregularities, and omissions on any bid and to award bids on the basis of individual items or on total sums of pages, groups, or as a whole, or reject all bids and re-advertise in the manner provided by Section 103 of the General Municipal Law at its discretion. It also reserves the right to select which of two or more identical bidders shall be awarded the item or contract.

The Board also reserves the right to increase the quantity of any item at the same unit price indicated on proposal at the time the award is made.

c. The only notification of award that will be given will be to the successful bidder(s) in the form of a purchase order or orders for those items which were awarded to bidder. No other notice will be given to any bidder in writing nor will this information be given over the telephone.

Payments will be made as soon as possible only upon the receipt of a correct invoice in accordance with the terms of a quote or bid and after a correct signed receipt is received from the point of delivery. Partial payments on supplies and equipment only will be made providing invoice is only for those items shipped and received. Any invoice that includes an item which has not been shipped will not be paid until it is received. Payment for services will only be made upon the completion of satisfactory installation or repair unless superseded by a payment clause below. Payment of any invoice shall not preclude Western Suffolk BOCES from making a claim or adjustment on any item found not to have been in accordance with general conditions and specifications.

V. SAMPLES

a. The Board reserves the right to require any bidder to submit a sample before the awarding of the bid to ascertain whether or not the product will be suitable for the purpose for which it is to be used and whether it meets the equivalency of the designated standard.

Requested samples must be submitted within five (5) working days of such request. Such sample will be returned after determination of an award, at bidder’s expense. If samples must be sent to an independent laboratory for testing, such expense must be borne by the bidder. If after award is made based on submission of sample, it is determined delivery is not the same as said sample, complete delivery must be removed by successful bidder and correct item delivered at no cost to the BOCES. Failure to comply with request for samples may result in rejection of bid.

b. All samples not destroyed in testing will be considered abandoned if successful bidder (at his/her own expense) does not pick up same after 10 day’s notice to do so.

VI. DELIVERY

a. Deliveries shall be made between the hours of 8:00 A.M. and 2:30 P.M. on school days only.

b. The BID PROPOSAL shall include the furnishing of materials as required, as well as all delivery and other transit charges. All bids are to be F.O.B. prepaid destination. Should there be any transportation charges included in the bid and such charges are accepted, they must be prepaid and added to the invoice. No deliveries are to be made on a collect basis. Where an item is leased and must be returned at the end of a contract period, all charges to do so must be borne by the successful bidder, unless these charges are so stipulated in his bid. Title for all items/systems/services shall not pass until materials, supplies, services and/or equipment have been delivered and accepted by the BOCES.

c. All deliveries must be made as soon as possible after receipt of order unless specific dates are mentioned in BID PROPOSAL. If bidder has minimum order requirements, it must be stated on the BID FORM. All crates, machinery, etc. that weigh more than two hundred (200) lbs. must be noted on bid. Deliveries of these items will not be accepted unless the Purchasing Department of Western Suffolk BOCES is notified at least forty-eight (48) hours prior to delivery, telephone (631) 549-4900, ext. 292. All items requiring assembly shall thereupon be assembled and initially serviced.

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d. All deliveries shall be accompanied by delivery tickets or packing slips containing the following information:

- Contract/Purchase Order number;

- Name of person to receive delivery;

- Address of Delivery;

- Name of article;

- Item number;

- Quantity;

- Name of the successful bidder.

Each Carton shall be labeled with purchase order or contract number, successful bidder’s name and general statement of contents. Failure to comply with this condition can be considered sufficient reason for refusal to accept delivery.

e. All items are to be off truck, inside delivered. Unloading of equipment, furniture, and supplies is the responsibility of the successful bidder, and Western Suffolk BOCES accepts no responsibility for unloading. Any cost incurred due to the failure of the successful bidder to comply with this requirement will be charged to the bidder. No help for unloading will be provided by Western Suffolk BOCES, and suppliers should notify their truckers accordingly.

VII. INSTALLATION

a. When installation is required and stated in bid, successful bidder shall furnish, deliver and install completely, unless otherwise noted, material and equipment described in the specifications with all parts or accessories not specifically mentioned in the articles described but necessary to render the equipment complete and ready for operation. All these parts and/or accessories shall be included in the bid price.

b. Where installation of any material and/or equipment is called for, the bidder shall have experience in the type of installation specified and shall submit proof by reference to similar installations he/she made. No physical change of floors, walls, ceilings or structure shall be made without the written consent of Western Suffolk BOCES. Any damage caused by delivery or the installation thereof shall be the responsibility of the successful bidder. All necessary insurance certificates when specified in bid specifications shall be obtained and forwarded to the Purchasing Agent. All debris shall be disposed of by the successful bidder at the end of each day, floors shall be kept free of his waste and rubbish. Upon completion of contract all boxes, crates, rubbish, debris, etc. shall be removed to the satisfaction of Western Suffolk BOCES. The successful bidder must leave the area in which he has worked broom clean.

VIII. CONTRACT

a. The mailing of a bid and the receipt thereof by Western Suffolk BOCES shall constitute the basis for a contract and the acceptance of all the terms on this bid and any subsequent purchase order. All items awarded shall be delivered by the successful vendor in quality and price bid upon. Western Suffolk BOCES reserves the right to delete an item from this bid due to budgetary or fiscal constraints. The quantities listed herein are current requirements. However, Western Suffolk BOCES reserves the right to increase or decrease same at the unit price bid. Western Suffolk BOCES at its discretion reserves the right to cancel an award and to order immediately from another source the replacement of any item due to non-delivery within a reasonable time or for the purpose of replacement of a rejected item, when so requested. On such emergency purchases the vendor agrees to reimburse Western Suffolk BOCES promptly for any excess costs occasioned by such purchases. Purchases of this nature will be deducted from quantities on original purchase order. Vendor does not have any recourse, should the replacement price be less than the bid price. Western Suffolk BOCES shall have the same right regarding replacement of rejected deliveries.

b. Successful bidders must give permission where requested, for an inspection of their premises so as to inspect materials and items purchased and the manufacturer thereof. Such time of inspection will be mutually agreed upon.

c. No contract or payment thereof, shall be assigned, transferred, or otherwise disposed of, to any other person, company or corporation, without the complete written consent of Western Suffolk BOCES.

d. Failure to fulfill any portion of a contract or bid may be cause to remove a successful bidder from receiving any future bids.

IX. PUBLIC WORKS

a. Contractors shall comply with all provisions of the Labor Law (including minimum wages as set forth by the New

York State Labor Department) and any other statutes of the State of New York where applicable.

X. GUARANTEE

a. All items of machinery, furniture and equipment must carry the normal manufacturer’s guarantee against defects

(guarantee period must be stated on the BID FORM). Western Suffolk BOCES shall look to the successful bidder for this guarantee. In addition to this guarantee the contractor shall also guarantee all installations made by bidder for a period of one (1) year after completion of such installation against any and all defects which are the result of improper design, material, construction or installation, if called for. Immediately upon notification by Western Suffolk BOCES, the successful bidder shall take immediate steps to rectify by replacing or repairing or otherwise correct the defect to the satisfaction of Western Suffolk BOCES without further cost to Western Suffolk BOCES.

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Damage to Western Suffolk BOCES equipment caused by such improper installation shall also be borne by the successful bidder.

b. Any item which upon delivery is determined not to meet the specifications of the bid, must be removed within five

(5) days of such notification for removal. Any item left in Western Suffolk BOCES possession beyond this time will be considered abandoned and will be disposed of as its (Western Suffolk BOCES) own property.

c. All regularly manufactured stock electrical materials, supplies and/or equipment provided must bear the label of the Underwriter’s Laboratories, Inc. and be OSHA approved.

XI. TOXIC SUBSTANCES

a. The Successful Vendor must supply information on any Items which contain any substance that is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substance or which has yielded positive evidence of acute or chronic health hazards in human, animal, or other biological testing. Such information shall be sent to ESBOCES and shall be in conformance with New York State Law. Such information shall include: A. The name or names of the toxic substance including the generic or chemical name B. The trade name of the hazardous chemical and any other commonly used name, , if known C. The level at which exposure to the substance is determined to be hazardous, if known D. The acute and chronic effects of exposure at hazardous levels E. The symptoms of such effects F. The potential for flammability, explosion, and reactivity of such substance G. Appropriate emergency treatment H. Proper conditions for safe use and exposure to such toxic substance I. Procedures for clean-up of leaks and spills of such toxic substance

b. Each Successful vendor furnishing a toxic substance as defined by Section 875 of New York State Labor Law to Western Suffolk BOCES, shall provide not less than two (2) copies of a material safety data sheet (MSDS), which shall include for each substance the information outlined in Section 876 of New York State Labor Law. For additional information, Chapter 551 of the Laws of New York, 1980, Article 28 (toxic substances) can be found on pages TS-1 and TS-2. MSDS’s must also accompany any shipment to the individual Participants for each Item containing toxic substances.

XII. VENDOR (CONTRACTOR) AGREES TO ONLY EMPLOY ALIENS ABLE TO PROVIDE VALID PROOF OF

IMMIGRATION STATUS AND PERMISSION TO WORK IN THE UNITED STATES.

STANDARD CLAUSES FOR WSBOCES CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract.

The word "Contractor" herein refers to any party other than Western Suffolk BOCES “WSBOCES”, whether a contractor, licenser, licensee, lessor, lessee or any other party.

1. NON-ASSIGNMENT CLAUSE. This contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the WSBOCES’s previous written consent, and attempts to do so are null and void. WSBOCES retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with WSBOCES.

2. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

3. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.

Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this and forfeiture of all moneys due hereunder for a second or subsequent violation.

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4. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by Western Suffolk BOCES of any Western Suffolk BOCES approved sums due and owing for work done upon the project.

5. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to Western Suffolk BOCES a non-collusive bidding certification on Contractor's behalf.

6. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a 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” (“Prohibited Entities List”) posted at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by Western Suffolk BOCES. During the term of the Contract, should the Western Suffolk BOCES receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the Western Suffolk 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 Western Suffolk BOCES shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. WSBOCES 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.

7. COMPLIANCE WITH NEW YORK STATE EDUCATION LAW §2-d UNAUTHORIZED RELEASE OF PERSONALLY INDENTIFIABLE INFORMATION. If applicable, Contractor shall comply with the provisions of the New York State Education Law §2-d Unauthorized Release of Personally Identifiable Information. (General Business Law Section 899-aa; State Technology Law Section 208).

8. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND

NOTIFICATION ACT. If applicable, Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208).

9. SET-OFF RIGHTS. WSBOCES shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the WSBOCES's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to WSBOCES with regard to this contract, or any other contract with WSBOCES.

10. PAYMENT. WSBOCES agrees to pay properly submitted invoices within thirty (30) days of receipt by

WSBOCES.

11. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, State Education Department, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above vi for the purposes of inspection, auditing and copying. WSBOCES shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate WSBOCES official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, WSBOCES’s right to discovery in any pending or future litigation.

12. INSURANCE. Unless different terms apply in the Contract between Contractor and WSBOCES, the Contractor shall at its own cost and expense procure and maintain or cause to be procured and maintained general liability insurance for the services provided by Contractor under the terms of this Agreement in amounts of no less than $1,000,000 per claim/$2,000,000 million aggregate. Such coverage shall remain in full force and effect covering the actions of the Contractor and shall cover all occurrences including those claims made during and after the term of this Agreement arising from any acts or occurrences during the term of this agreement. Prior to the start of the services to be provided by Contractor, the Contractor shall present evidence of the aforementioned coverage and such coverage shall also provide that it may not be canceled or materially changed without 30 days prior written notice to WSBOCES

13. INDEMNIFICATION AND HOLD HARMLESS. The Contractor agrees indemnify, and save harmless, WSBOCES, and their respective officers, directors, contractors, agents and employees, from and against any and all liability (statutory or otherwise), claims, suits, demands, damages, judgments, costs, interest and expenses (including, but not limited to, counsel fees and disbursements incurred in the defense of any action or proceeding), to which they may be subject or which they may suffer by reason of, or by reason of any claim for, any injury to, or death of, any person or persons or damage to property (including any loss of use thereof) or otherwise arising from or in connection with this agreement due to or resulting from any default by Contractor in the performance of Contractor’s obligations under this agreement or from any act, omission or negligence of Contractor or any of Contractor’s officers, directors, agents, contractors, servants, employees, subtenants, licensees or invitees.

14. CONFLICTING TERMS. Except as otherwise stated herein, in the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Exhibit A, the terms of this Exhibit A shall control.

15. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York, County of Suffolk.

17. AMENDMENT/MODIFICATION. No amendment or modification of the contract between the Contractor or WSBOCES shall be valid unless in writing and signed by all parties to the contract.

18. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon WSBOCES's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify WSBOCES, in writing, of each and every change of address to which service of process can be made. Service by WSBOCES to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

PLEASE DOUBLE CHECK ALL ENTRIES ON THIS BID AND ALSO ALL TERMS OF THE BID. NO DEVIATIONS

FROM INSTRUCTIONS WILL BE ALLOWED.

Lorraine Hein, NIGP-CPP, CPPB, Director of Business Western Suffolk BOCES 507 Deer Park Road PO Box 8007 Huntington Station, NY 11746-9007

Specifications - Page 1 of 24

Specifications

COMPUTER EQUIPMENT & SUPPLIES #25/26-13MB

To be opened MAY 6, 2025 at 3:00 PM

The Board of Cooperative Educational Services, Second Supervisory District of Suffolk County, hereinafter referred to as BOCES, invites sealed bids from qualified organizations and/or individuals, hereinafter referred to as vendor, to assist the BOCES in the provision of computer equipment and supplies for Western Suffolk BOCES.

Purpose

The purpose of this bid is to contract with a qualified vendor to provide computer equipment and supplies for Western Suffolk BOCES.

Bid Submission

Bidders must submit bids in sealed envelopes to the BOCES Purchasing Office for the furnishing and delivering, and installing where called for, of the materials, supplies and/or equipment, as required by BOCES, and as set forth in the Bid Documents at the BOCES purchasing office, Mailing Address: 507 Deer Park Road, P.O. Box 8007, Huntington Station, NY 11746, Physical Address if dropping the bid off in person: 507 Deer Park Ave, Dix Hills, NY 11746, The envelope shall be endorsed on its face with

(i) the name of the person, firm, or corporation submitting a bid,

(ii) the bid number and title of bid, and

(iii) the date of the Bid Opening.

It is the bidder’s responsibility to ensure that the bids are received in the Purchasing Office no later than the date and time of the bid opening as indicated in the Notice to Bidders.

Responses received after this deadline will be returned to the bidder unopened. In the event that BOCES Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened the next business day that the BOCES Purchasing Office is open.

The Vendor Bid Documents should include the Cost Proposal Form in two formats as follows:

1) one (1) paper printout and

2) one (1) CD-or flash drive.

Specifications - Page 2 of 24

Requests for Clarification/Additional Information

All requests for clarification or additional information related to this bid must be submitted in writing by mail, fax, or e-mail on or before APRIL 29, 2025 to:

Ms. Lorraine Hein Director of Business Board of Cooperative Educational Services

Second Supervisory District of Suffolk County 507 Deer Park Road Huntington Station, NY 11746 E-Mail: purchasing@WSBOCES.org Voice: (631) 549-4900 Fax: (631) 623-4923

In the event BOCES provides clarification or supplemental information to this bid, any interpretations issued will be in the form of addenda to the Bid Documents. All addenda so issued shall become a part of the Bid Documents which shall be posted on website in which BOCES posts their bids, as follows: www.empirestatebidsystem.com. Any addenda sent to the Bidders shall be binding and take precedence over the section of the original Bid Document which it replaces.

BOCES assumes no responsibility for vendor’s failing to receive all addenda issued.

Term of Contract

The term of this contract shall be from July 1, 2025 through June 30, 2026. Orders to be placed as needed, during the 2025/26 school year.

If in the future, the vendor is able to offer a lower, special pricing structure for the service under this contract, the vendor must review this agreement and provide the new price quote at such future date.

If the BOCES does not consider the new price fair and reasonable and in the BOCES and/or participating component school district's best interest, the award may be canceled after fifteen (15) days written notice. The vendor must complete all outstanding orders placed prior to cancellation.

All quantities are estimates. This in no way constitutes exact quantities of items to be purchased.

Award

To be considered for an award, bidders must complete all items on the Bid Form and return the attached W-9 form with the bid submission. BOCES will issue a purchase order for items/services awarded and vendor must accept same.

BOCES will use the New York State contract, Suffolk County contract, other County contract, Specifications - Page 3 of 24

BOCES cooperative bid pricing, or other municipality bid pricing if this option is in the best interest of the BOCES.

BOCES reserves the right to reject a materially or mathematically unbalanced bid or to make "NO AWARD" on individual listings or sub-items if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation becomes evident. In such case, ranking and evaluation of bids may be made on remaining items. Award may be made on the remaining items. The acceptance or rejection of an unbalanced bid shall be at the sole discretion of the BOCES.

BOCES will award this bid by item or item classification, or in total; whichever is in the best interest of the BOCES.

The contract, if awarded, will be to the lowest responsive, responsible bidder(s), in part or in whole, who

(i) meet(s) the terms and conditions stated in the Bid documents,

(ii) completes all the required forms, including the attached W-9 form and

(iii) offers the lowest price or highest discount as indicated on the Cost Proposal Form.

BOCES guarantees no minimum or maximum purchases or contracts as a result of award of this bid. BOCES allows all municipal and not-for-profit organizations authorized under the General Municipal Law of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the BOCES and the vendor. Additionally, the BOCES reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at any time.

Usage Reports The successful bidder must provide, upon request, usage reports detailing purchases during the bid period. Usage reports will include all items purchased and shall include the following:

a. School District;

b. Ship-to location;

c. Manufacturer and product stock number;

d. Units purchased;

e. Unit price and extension.

Must be a certified reseller of the equipment listed.

Pricing

If during the contract period the vendor is able to offer a lower, special pricing structure for the service under this contract, the vendor must review this agreement and provide the new price quote at such future date.

When prices to the trade are decreased, the prices of the applicable items on this contract shall be decreased accordingly. It shall be incumbent upon the vendor to notify the BOCES of such

Specifications - Page 4 of 24 decreases immediately after they become effective.

All prices must be on the Cost Proposal Form provided. Shipping and handling are to be included in price.

Assignment

The awarded vendor will give its personal attention to the faithful performance of this Contract. It will not assign, transfer, convey, sublet, pledge, hypothecate, subcontract, use brokers or otherwise dispose of this Contract, or its right, title, or interest in or to the same or any part hereof, and it will not assign by power of attorney or otherwise any of the monies to become due and payable under this contract, unless by and with the previous written consent in writing of the BOCES endorsed upon or attached to the assignment filed in said offices.

The awarded vendor may not engage subcontractors, hire others to perform all or part of this Contract, nor otherwise delegate his obligations to perform under this contract without the prior written approval of the BOCES.

In accordance with NYS General Municipal Law §109, at no time during the duration of any Contract resulting from this Bid, shall the awarded vendor be allowed to assign any portion of this Contract to a third party without the prior written approval of the BOCES.

Cancellation

BOCES reserves the right to terminate the Contract in whole or in part, for any reason, upon 15 days written notice to the awarded vendor. If the Contract is so terminated, BOCES shall be liable only for payment in accordance with the payment provisions of the Contract for materials, supplies, equipment or services (if applicable) purchased or rendered prior to the effective date of termination.

No early cancellation or other penalties may be charged to BOCES because of its decision to exercise this right. The vendor shall indemnify the BOCES for any and all costs incurred in securing a new contract.

In the event, the vendor fails to deliver or provide the material, supplies, equipment and associated services (if applicable) as ordered or within the time specified, or within reasonable time as interpreted by BOCES, or fails to make replacement of rejected items when so requested immediately or as directed by BOCES, BOCES may purchase from other sources to take the place of the item rejected or not delivered or Services not provided, or fails to abide by any of the provisions of this Contract, including but not limited to, untimely performance, inadequate adherence to the schedule, or other unsatisfactory performance, such failure shall constitute a breach of Contract and may result in cancellation of the Contract by BOCES. In the event of breach, BOCES shall provide written notice to the Vendor of such breach. If the Vendor does not cure such breach within a ten (10) day period of such notice, BOCES reserves the right to cancel said Contract immediately. In the event of such cancellation, (i) the required materials, supplies, equipment and Services (if applicable) may be procured from other sources so that the continuity of the operations may

Specifications - Page 5 of 24 be protected, and (ii) the cancelled Vendor agrees to reimburse the BOCES promptly for any excess costs occasioned by such expenditures.

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

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

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

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

(ii) the Vendor agrees to reimburse BOCES promptly for excess costs occasioned by such procurement,

(iii) the Vendor agrees to reimburse BOCES promptly for any additional monetary expenditures occasioned by such procurement and

(iv) Vendor must continue to fulfill all purchase orders in accordance with the Bid

Documents for those Items/Services not terminated

Cancellation of award or termination of contract by BOCES for any reason may affect the Vendor’s participation in future bids.

Bidder/Vendor Responsibility

The following shall be the responsibility of the vendor, at no additional cost to Western Suffolk

BOCES:

The vendor must have all the necessary equipment to perform the services specified in this bid.

Vendor shall submit with all deliveries of products, MSDS sheets on all applicable items listed on the purchase order. This sheet must also list the name of the vendor and Western Suffolk BOCES purchase order number. Failure to follow the above procedure may cause delay of payment.

The vendor shall be responsible for all surcharges, taxes, and other fees and assessments as part of its responsibility and shall not charge Western Suffolk BOCES for such charges, if applicable.

The vendor shall be solely responsible for complying with all applicable laws, regulations, etc., and paying the appropriate prevailing wage rates, if applicable, for the work herein. The cost of such compliance shall be borne entirely by vendor, who shall hold the BOCES harmless from any claims, demands or penalties arising from vendor’s failure to comply with the above. BOCES will be held harmless from these and any decisions that pertain to the vendor’s work. Refer to the web link below for current prevailing wages in Suffolk County:

http://www.labor.state.ny.us/workerprotection/publicwork/PWContents.shtm

NOTE: Vendors currently on the NYS Labor Department debarred list will not be considered

Specifications - Page 6 of 24 for award of this contract. By submitting a bid for consideration, the vendor is indicating to the BOCES that they are currently in good standing with the NYS Department of Labor at the time of the bid.

Conformity All bidders must conform to the final approved specifications. Vendor changes to bid specs and/or bid form may render a bid non-responsive and the bidder may be disqualified.

The vendor is obligated to abide by all applicable BOCES Board policies and regulations. Refer to the web link below for the BOCES Board policies and regulations:

http://www.wsboces.