CONTRACT Curricular Paper #2025-003-0107.pdf

Bid #2025-003-0107 Curricular Paper

Board of Cooperative Educational Services

First Supervisory District of Suffolk County 201 Sunrise Highway

Patchogue, New York 11772

COOPERATIVE BIDDING PROGRAM PARTICIPANTS

Below is a list of all program Participants:

Eastern Suffolk BOCES Western Suffolk BOCES

Amagansett UFSD Amityville UFSD Babylon UFSD Bay Shore UFSD Bayport-Blue Point UFSD Brentwood UFSD Bridgehampton UFSD Center Moriches UFSD Central Islip UFSD Cold Spring Harbor CSD Commack UFSD Comsewogue UFSD Connetquot CSD Copiague UFSD Deer Park UFSD East Hampton UFSD East Islip UFSD East Moriches UFSD East Quogue UFSD Eastport/South Manor CSD Elwood UFSD Fire Island UFSD Greenport UFSD Half Hollow Hills CSD

Hampton Bays UFSD Harborfields CSD Hauppauge UFSD Huntington UFSD Islip UFSD Kings Park CSD Lindenhurst UFSD Little Flower UFSD Longwood CSD Mattituck-Cutchogue UFSD Middle Country CSD Miller Place UFSD Montauk UFSD Mount Sinai UFSD North Babylon UFSD Northport-East Northport UFSD Oysterponds UFSD Patchogue-Medford UFSD Port Jefferson UFSD Quogue UFSD Remsenburg-Speonk UFSD Riverhead CSD Rocky Point UFSD Sachem CSD Sag Harbor UFSD Sayville UFSD

Shelter Island UFSD Shoreham – Wading River CSD Smithtown CSD South Country CSD South Huntington UFSD Southampton UFSD Southold UFSD Springs UFSD Three Village CSD Tuckahoe Common School District West Babylon UFSD West Islip UFSD Westhampton Beach UFSD William Floyd UFSD Wyandanch UFSD

Town of Babylon Town of Brookhaven Town of East Hampton Town of Islip Town of Southampton

Village of Patchogue

Centereach Fire District

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

ESBOCES, the school districts in Suffolk County, and New York State political subdivisions may participate in the result of this solicitation once they have filed the appropriate Board Resolutions with ESBOCES. Other school districts or political subdivisions in NYS may participate in the Cooperative Bidding Program upon mutual consent by the Successful Vendor and ESBOCES. Currently all the organizations listed above have been invited to participate. At the time of award, the list of registered Participants will be available at the ESBOCES Purchasing Office, James Hines Administration Center, 201 Sunrise Highway, Patchogue, NY 11772. The Participant list will be amended from time to time as additional resolutions are filed with ESBOCES.

General Terms and Conditions

Invitations to bid issued by ESBOCES will bind all Successful Vendors to the terms and conditions set forth in these General Terms and Conditions, Specifications and Bid Forms and such terms and conditions shall be an integral part of each Bid awarded (“Contract”).

(I) DEFINITIONS

“Eastern Suffolk BOCES” or “ESBOCES” – Board of Cooperative Educational Services, First Supervisory District of Suffolk County

“Bid” – an offer to furnish services, materials, supplies, and equipment in accordance with the Bid Documents

“Bidder” or “Vendor” – any entity (e.g., individual, partnership, organization, institution, agency, municipality, government, company, or corporation) submitting a bid

“Bid Documents” – Bid Memorandum, Notice to Bidders, General Terms and Conditions, Specifications and Bid Forms

“Bid Forms” – forms which Vendor completes and includes in a Bid as part of the Bid Documents

“Contract” – an awarded Bid comprised of all the Bid Documents

“Item(s)” – a particular line Item as it pertains to materials, supplies and equipment or the materials, supplies and equipment in total

“Notice to Bidders” – a formal statement that, when issued, constitutes an invitation to bid on the materials, supplies, equipment and Services (if applicable) described in the specifications

“Participant” – all municipalities who participate in the cooperative bidding program

“Services” – associated work and/or installation with respect to materials, supplies and equipment such Services to be noted and described in Specifications

“Successful Vendor” –Vendor(s) or Bidder(s) to whom an award is made by ESBOCES

“Specification” – description of materials, supplies, equipment, and Services (if applicable) and the conditions for their provision

“Cooperative Bidding Program” – A program that encompasses all school districts, municipalities and ESBOCES that have provided Eastern Suffolk BOCES with a resolution to participate in Eastern Suffolk BOCES Cooperative Bids

(II) INSTRUCTIONS TO BIDDERS

1. Sealed Bid Documents for the furnishing and delivering, and installing where called for, of the Services, materials, equipment and/or supplies, as required by ESBOCES, and as set forth in the Bid Documents must be received no later than 11:00 a.m., January 7, 2025 (“Bid Opening”) at the ESBOCES Purchasing Office, 201 Sunrise Highway, Patchogue, NY 11772. In the event that ESBOCES Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened at 11:00 a.m., on the next business day that the ESBOCES Purchasing Office is open.

2. All Bids must be submitted on and in accordance with the Bid Documents and provided by Bidder, in a sealed envelope addressed to ESBOCES Cooperative Bidding Program, at 201 Sunrise Highway, Patchogue, NY 11772 on or before the hour and day stated above, and the envelope shall be endorsed on its face with (i) the name of person, firm, or corporation submitting a bid, (ii) the Bid number and name, and (iii) the date of Bid Opening.

3. Each Bid must be submitted under separate cover and will be considered on its own merits. Each Bid must be separate and apply only to this designated Bid package. Any Bid offered in combination with another designated Bid package will not be accepted. Vendors wishing to submit an alternate Bid must do so as a separate Bid package to be considered for award.

4. Facsimile, electronic, telephone, or verbal bids will not be accepted or considered.

5. Bids received after the time stated in the Notice to Bidders will not be considered and will be returned to the Bidder unopened. The Bidder assumes the risk of any delay in the mail or in the handling of the mail by ESBOCES employees. The Bidder assumes all responsibility for having the Bid deposited on time to the Purchasing Department.

6. Each Bidder is requested to carefully read the Bid Documents as each Bidder will be held to strict compliance with such documents. Failure to fulfill any requirements of the Bid Documents may result in the Bid being considered non-responsive.

7. No modifications or additions are to be made to the printed Bid Documents. In the event the Bidder deems that modifications are necessary, such modifications must be set forth in writing to ESBOCES in a separate document and submitted with the Bid Documents to be considered. However, any modifications or additions submitted may result in the Bid being considered non-responsive.

8. All information required in the Bid Documents must be provided by the Bidder to constitute an acceptable Bid.

9. ESBOCES will interpret the submission of a Bid to mean that the Bidder is fully informed as to the extent and character of the Services, supplies, materials, or equipment required and that the Bidder can furnish same in complete compliance with the Bid Documents.

10. Any contract provision that purports to restrain a vendee of a commodity from reselling such commodity at less than the price stipulated by the vendor or producer shall not be enforceable or actionable at law pursuant to N.Y. Gen. Bus. Law § 369-a.

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. All Bid prices shall be net and shall not include the amount of any such tax. Exemption documents, if required, will be furnished on forms provided by the Successful Vendor.

11. A. A Contract, if awarded, will be on the basis of materials, supplies, equipment and associated

Services (if applicable) as described in the Specifications. Accordingly, in the Specifications, where a manufacturer's name, catalog number, any patented article or a named system/Service is referenced, it is to designate a standard of quality, and the words "or equal" are understood to mean equivalent or better quality. Alternate Items/systems must be fully identified as such with descriptive literature to be submitted with the Bid. For example, the provision of the Vendor’s Item number is not sufficient as an Item description. If bidding on Items/systems/Services other than those specified, it is the responsibility of the Vendor to provide the trade designation, model number, manufacturer's name, and a detailed specification of Items/systems/Services he proposes to furnish, which can be in the form of a catalog with the page number of the alternate Item bid or samples supplied;

B. As it pertains to Items, ESBOCES may consider the purchase of alternate Items if they are clearly identified as such and samples and/or specification sheet(s) are supplied. Upon receipt of samples and/or specification sheet(s) the equivalency of any alternate Item(s) will be reviewed and those Items found not to be equivalent will be rejected at the sole discretion of ESBOCES;

C. As it pertains to Items/systems/Services, ESBOCES’ decision whether an alternate or substitution is in fact "equal" shall be final. If no alternate Items/systems/Services are identified, the Bid will be accepted according to Specifications;

D. Any Vendor who substitutes awarded Items/systems/Services after having stated that such Items/ systems/Services will be provided "as specified" may (1) have their Contract terminated, and (2) be liable for any expenses incurred as a result of said Contract termination;

E. If a substitution is not accepted by ESBOCES, the line Item and/or Bid, whichever is applicable, will be deemed non-responsive and the next lowest responsive Bid for said Items/systems/Services shall then be reviewed for recommendation of award.

12. When samples are a requirement of the Bid, such requirements shall be identified in the Specifications.

See Specifications for instructions on where to deliver samples for alternate Item(s).

13. In the event alternates are identified as not acceptable in the Specifications, do not submit an alternate.

14. Bids for the provision of material, supplies and equipment must provide for same that are standard, newof the latest model, and in current production, unless otherwise specified.

15. All regularly manufactured stock electrical materials, supplies and/or equipment provided must bear the label of Underwriter's Laboratories, Inc.

16. A. Prices shall be net, including transportation and delivery charges fully prepaid by the Vendor to the destination indicated in the Bid and/or on the Purchase Order provided by ESBOCES and/or Participant. If award is made on any other basis, transportation charges must be prepaid by the Successful Vendor and added to the invoice as a separate line Item. In any case, title shall not pass until materials, supplies and/or equipment have been delivered and accepted by ESBOCES and/or its Participant;

B. All prices submitted must be "per unit" and the extensions against each Item in the Bid as specified.

Do not submit a bid price "per case" when "per dozen" is specified, or Bid may be rejected. In the event of a discrepancy between the unit price and the extension, the unit price will govern. If individual quantity within unit specified varies from Bid, this must be clearly indicated. Prices shall be extended in decimals, not fractions, to no more than two (2) decimal places;

C. When the Bid Documents require bids for lump-sums, Bidder must bid on each Item in the lump-sum group. If Bidder is not charging for an Item in a group, the Bidder must indicate “no charge” or the Bid for the group may be rejected;

D. All prices must be on the Cost Proposal Form provided and include shipping and handling.

17. Prices, and all required information, except signature of Bidder, should be typewritten for legibility.

Illegible or vague Bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

18. The non-collusive bidding certification must be filled out in its entirety and included with each Bid as required by General Municipal Law, Section 103-d. Under penalty of perjury, the Bidder certifies that:

A. The prices in the Bid have been arrived at by the Bidder independently and have been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids;

B. The contents of the Bid have not been communicated by the Bidder, or, to the Bidder’s best knowledge and belief, by any of its employees, or agents, to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the Bid.

19. A. The forms listed below must be completed and included with each Bid and all Bidders must sign this General Terms and Conditions portion of the Bid Documents under the section entitled Section (VIII) “Entire Agreement”.

1. Vendor Acknowledgement and Information Form – Exhibit A

2. Vendor Reference Form – Exhibit B

3. Non-Collusive Bidding Certification – Exhibit C

4. Disclosure Form – Exhibit D

5. Affidavit of Compliance Form – Exhibit E

6. Iran Divestment Act Compliance Rider – Exhibit F

7. Cost Proposal Form – Attachment A

8. Insurance Document (as required) – Attachment B

9. Any Addendums – Attachment C

Additional forms may be required for this Bid. It is the responsibility of the Bidder to return all required pages of this Contract.

B. Additionally, please indicate below if any of these areas are applicable:

______Minority Owned Business ______Woman Owned Business ______Dual Owned Business

______Company is currently registered with NYS as a MWBE–Certification #______ ______Company is willing to register with NYS as a MWBE

20. Bids must not be attached to or enclosed in the package containing bid samples (if applicable).

21. No interpretation of the meaning of the Bid Documents will be made to any Vendor orally. Every request for such interpretation should be in writing, addressed to ESBOCES. 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.

22. The Vendor Bid Documents should include the Cost Proposal Form in two (2) formats as follows: one

(1) paper printout and one (1) CD or flash drive.

23. If the Specifications so state, Bidders may be required to furnish bid security in the amount stated.

24. The failure to submit a Bid on the forms provided by ESBOCES may be grounds for Bid rejection.

25. The Contract will be utilized at the discretion of ESBOCES and the Participants. Consequently, there is no guarantee that the specified minimum amount of Services, materials, supplies, and/or equipment will be purchased. ESBOCES reserves the right to increase or decrease the quantities of Items required as compared to the estimated quantities listed on the Cost Proposal Form.

26. ESBOCES may make any investigation it deems necessary to determine the ability of the Bidder to perform the services, and the Bidder shall furnish to the ESBOCES Board all such information and data for this purpose as the Board may request.

(III) AWARD AND RESERVATION OF RIGHTS

27. The Contract will be awarded to the lowest responsive, responsible Bidder(s) who (i) meets the terms and conditions stated in the Bid Documents, (ii) completes all the required forms, (iii) offers the lowest price or highest discount as indicated on the Cost Proposal Form. Depending on the Bid, there may be more than one Successful Vendor. Successful Vendors are required to provide a W-9 upon request.

28. ESBOCES reserves the right to award by: each Item, Item classification or category, in part or in whole;

and/or by utilizing estimated usage, whichever is in the best interest of ESBOCES and/or Participants.

29. If not awarded, the Bid will be rejected within ninety (90) days of the date of the opening of Bids, subject, however, to the discretionary right reserved by ESBOCES to waive any informalities in, or to reject any or all Bids and to advertise for new Bids, if in its opinion, the best interests of ESBOCES and/or its Participant(s), will thereby be promoted.

30. ESBOCES reserves the right to reject any Bid if the Vendor fails to satisfy ESBOCES that they are properly qualified to carry out the obligations of the Contract.

31. ESBOCES reserves the right to inspect the Bidder’s physical facilities prior to award.

32. If two (2) or more Bidders submit identical Bids as to price, the decision of ESBOCES to grant an award to one (1) of such identical Bidders shall be final.

33. ESBOCES reserves the right to reject all Bids. ESBOCES also reserves the right to reject, for cause, a Bid in whole or in part; and to waive any and/or all non-material defects, qualifications, irregularities, omissions, and informalities in, or to reject any and/or all Bids and to re-advertise for new Bids, if, in its judgment, the best interests of ESBOCES and/or its Participant(s) will be served.

34. ESBOCES reserves the right to purchase Items on State, County or other Governmental Agency contracts if such Items can be obtained on the same terms, conditions, specifications, and at a lower price if applicable.

35. ESBOCES reserves the right to reject incomplete Bids. ESBOCES also reserves the right to reject any or all responses to this Bid, request additional data or material from a Bidder, at any time, or to cancel this Bid in whole or in part.

36. ESBOCES reserves the right to reject bids that impose conditions that would modify the terms and conditions of the Bid Documents or limit the Vendor’s liability to ESBOCES on the Contract awarded on the basis of such Bid.

37. ESBOCES reserves the right to reject any Bid where investigation and evaluation of the Vendor's qualifications indicate that the Vendor may not promptly and efficiently fulfill the Bid Contract.

38. Each Bid will be received with the understanding that the acceptance thereof, in writing, by ESBOCES to furnish any or all of the Items described therein shall constitute a Contract between the Successful Vendor and ESBOCES (“Contract”). The Contract shall bind the Successful Vendor to furnish and deliver at the prices and in accordance with the conditions of this Bid.

39. All Contracts, including pricing and with consideration to the appropriate escalation (as defined below in the Section of the Specifications entitled “Pricing / Escalation”), will be held firm for the duration of the Contract including any extensions agreed to in writing by ESBOCES and the Successful Vendor(s).

40. Purchase orders shall be issued by ESBOCES and/or the individual members of this Cooperative Bidding

Program (i.e., Participants) and payment shall be the responsibility of each member.

41. No Items to be shipped or delivered until receipt of an authorized Purchase Order from ESBOCES or

Participant(s).

42. The placing in the mail of a notice of award to a Successful Vendor, to the address given in the Bid, will be considered sufficient notice of award of Contract and will be considered an acceptance of the Contract by the Successful Vendor.

43. In the event of any dispute between the Successful Vendor and a Participant, Successful Vendor and

Participant shall use best efforts to resolve such dispute.

44. In the event that Vendor proposes an alternate Item(s), ESBOCES reserves the right to make final determination of the equivalency of said alternate Item(s).

45. Any addenda sent to the Bidders shall be binding and take precedence over the section of the original

Bid Document which it replaces.

46. If the Successful Vendor fails to deliver or provide the material, supplies, equipment and associated

Services (if applicable) within the time specified, or within reasonable time as interpreted by ESBOCES, or fails to correct Items that were provided insufficiently, or fails to replace rejected Items when so requested, immediately or as directed by ESBOCES and/or Participant, ESBOCES and/or Participant may purchase Items from other sources to take the place of the Item rejected, not delivered or not provided in accordance with the Bid Specifications. ESBOCES reserves the right to authorize immediate purchase from other sources against rejections on any Contract when necessary. On all such purchases, the Successful Vendor agrees to reimburse ESBOCES and/or Participants promptly for excess costs occasioned by such purchases. Should the cost be less, the Successful Vendor shall have no claim to the difference.

47. At the sole discretion of ESBOCES, a Bid may be rejected and the Contract not awarded to a Vendor whose performance on a previous Contract with ESBOCES and/or its Participant(s) has been determined to be unsatisfactory.

48. ESBOCES reserves the right to use outside vendors on an “as needed” basis, as determined by

ESBOCES.

49. Non- Assignment

A. The Successful Vendor will give its personal attention to the faithful performance of this Contract. It will not assign, transfer, convey, sublet, 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 of ESBOCES endorsed upon or attached to the assignment filed in said offices.

B. The Successful Vendor may not engage subcontractors, hire others to perform all or part of this Contract, nor otherwise delegate its obligations to perform under this Contract without the prior written approval of ESBOCES and/or Participant(s). Such subcontractors or others hired to perform shall be bound by the terms of this Contract;

C. In accordance with New York State General Municipal Law 109, at no time during the duration of any Contract resulting from this Bid, shall the Successful Vendor be allowed to assign any portion of this Contract to a third party without prior written approval by ESBOCES; and D. In the event ESBOCES and/or Participant approves a subcontractor, ESBOCES and/or

Participant accordingly, must be billed by the Successful Vendor and in accordance with the Bid Contract awarded.

50. Termination of Contract

A. ESBOCES reserves the right to terminate the Contract in whole or in part, for any reason, upon fifteen (15) days written notice to the Successful Vendor. If the Contract is so terminated, ESBOCES 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 termination or other penalties may be charged to ESBOCES because of its decision to exercise this right.

B. In the event the Successful Vendor fails to deliver as ordered, or within the time specified, or fails to abide by any of the provisions of this Contract, such failure shall constitute a breach of Contract and may result in termination of the Contract by ESBOCES.

C. In the event of breach by the Successful Vendor, ESBOCES shall provide written notice to the Successful Vendor of such breach. If the Successful Vendor does not cure such breach within ten (10) days after receipt of such notice, ESBOCES reserves the right to terminate said Contract immediately thereafter. In the event of such termination, (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, and (ii) the said Successful Vendor agrees to reimburse ESBOCES promptly for any excess costs occasioned by such procurement.

However, should the Successful Vendor cure such breach and perform its obligations during such ten (10) day notice period, the Contract shall continue in full force and effect.

D. In the event ESBOCES agrees, upon Successful Vendor’s request, to terminate/rescind a line Item(s) or a particular Service(s) under the Contract, due to Successful 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 Successful Vendor agrees to reimburse ESBOCES promptly for excess costs occasioned by such procurement, (iii) the Successful Vendor agrees to reimburse ESBOCES promptly for any additional monetary expenditures occasioned by such procurement, and (iv) Successful Vendor must continue to fulfill all purchase orders in accordance with the Bid Documents for those Items/Services not terminated.

51. Force Majeure

ESBOCES and/or the Successful Vendor shall not be held responsible for any losses resulting if the fulfillment of the terms of the Contract that shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, epidemics, pandemics, government orders, or any other acts not within the control of ESBOCES and/or the Successful Vendor, and which, by the exercise of reasonable diligence, ESBOCES and/or the Successful Vendor are unable to prevent.

52. Severability

Should any provision of this Contract, for any reason, be judicially declared invalid and/or unenforceable, such declaration shall not affect the validity of the remaining provisions, which shall remain in full force and effect as if the Contract had been executed with the invalid provision(s) eliminated.

53. Failure to Enforce

ESBOCES’ failure to enforce at any time, or for any period of time, the provisions of this Contract shall not be construed to be a waiver of such provisions or of the right to enforce each and every provision.

54. Indemnification and Hold Harmless

The Successful Vendor agrees to defend, indemnify and hold harmless ESBOCES and its Participants, their officers, directors, agents, or employees against all claims, costs, damages and expenses, including attorneys’ fees, judgments, fines and amounts arising from any willful act, error or negligence of the Vendor, its officers, directors, agents or employees in relation to the performance of the Contract.

55. Venue

The Bid/Contract shall be interpreted in accordance with the substantive and procedural laws and regulations of the State of New York and applicable Federal laws and regulations. Any lawsuit(s) concerning the Bid/Contract will be brought and adjudicated in Supreme Court, Suffolk County.

(IV) GUARANTEES BY THE SUCCESSFUL VENDOR

56. The Successful Vendor Guarantees:

A. Materials, supplies and equipment against defective material or workmanship and to repair or replace any damages or marring occasioned in transit;

B. To furnish liability insurance in accordance with the Bid Documents for protection in the event of damage(s) of any kind for which Successful Vendor or Successful Vendor’s organization is responsible;

C. To carry insurance in accordance with the Bid Documents to protect ESBOCES and/or Participants from loss in case of accident, fire, theft, etc.;

D. To provide valid insurance documents to Eastern Suffolk BOCES within two (2) weeks of Bid award;

E. Materials, supplies, equipment and Services provided pursuant to the Bid against defective workmanship for a period of one (1) year and for a period of two (2) years against defective material or in accordance with manufacturer warranty, if longer than two (2) years. The aforementioned periods begin upon delivery or commencement of work;

F. All deliveries will be equal to the accepted Bid sample, if applicable;

G. All Materials, supplies and equipment(s) are standard, new, latest model of regular stock product or as required by the Bid Documents with parts regularly used for the type of materials, supplies and equipment offered, and no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. If during the guarantee period specified, defective workmanship or materials are discovered, the Successful Vendor agrees to replace the materials, supplies and equipment or the part affected without cost to ESBOCES and/or Participant(s). All such replacements shall continue under the guarantee of the original materials, supplies and equipment. The Successful Vendor shall make any such replacement immediately upon receiving notice from ESBOCES and/or Participant.

(V) SUCCESSFUL VENDOR INSTRUCTIONS / RESPONSIBILITY

57. The Successful Vendor must follow the rules and regulations of ESBOCES, and/or its Participant(s) where work pursuant to the Bid is being performed. This includes but is not limited to Vendor employees wearing photo identification cards. Refer to the following web link for the ESBOCES Board policies:

http://edocsp@esboces.org. Refer to each Participant website for Participant Board policies and regulations, (if applicable).

http://edocsp@esboces.org

58. 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 201-g of the New York State Labor Law.

(V) a. Delivery

59. No Items are to be shipped or delivered until receipt of an authorized purchase order from ESBOCES and/or its Participant(s).

60. When materials, supplies or equipment are rejected or the delivery is incorrect, such materials, supplies or equipment must be removed at the expense of the Successful Vendor from the premises of ESBOCES and/or its’ Participant(s) within fifteen (15) days of written notification. Rejected Items left longer than fifteen (15) days will be regarded as abandoned, and ESBOCES and/or its Participant(s) shall have the right to dispose of the rejected Items as its own property.

61. Delivery must be made as ordered and in accordance with the Bid Documents. If delivery instructions do not appear on the purchase order, it will be interpreted to mean immediate delivery. The decision of ESBOCES and/or its Participant(s) as to reasonable compliance with delivery terms shall be final.

Burden of proof of delay in receipt of order shall rest with the Successful Vendor. Failure to deliver because of delayed payments or for any other reason will be cause for open market purchase at the expense of the Successful Vendor.

62. ESBOCES and/or its Participant(s) will not schedule deliveries for Saturdays, Sundays, or legal holidays, except where the convenience of ESBOCES or a Participant shall govern. Deliveries shall be made between the hours of 8:00 a.m. and 3:30 p.m., unless otherwise instructed.

63. Items shall be securely and properly packed for shipment, storage, and stacking in new shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling or sacks.

64. The Successful Vendor shall be responsible for delivery of Items in good condition at point of destination. Vendor shall file with the carrier all claims for breakage, imperfections, and other losses, which may be deducted from Vendor invoices. ESBOCES and/or its Participant(s) receiving Items will notify the Successful Vendor when packages are not received in good condition. Successful Vendor will replace all such damaged Items without waiting for claim adjustments from carriers.

65. Unless otherwise stated in the Specifications, all Items must be delivered into and placed at a point within the building. The Successful Vendor will be required to furnish proof of delivery in every instance.

66. All deliveries shall be accompanied by packing slips and each packing slip must contain the following information for each Item delivered:

Purchase Order Number Name of Person to Receive Delivery Address of Delivery Name of Article Item Number Quantity Name of - Successful Vendor

Failure to comply with this condition can be considered sufficient reason for refusal to accept the Item(s).

67. A. Each carton shall be labeled with the purchase order number, name of person who will receive delivery and general statement of contents. Failure to comply with this condition can be considered sufficient reason for refusal to accept the Items;

B. When determining pricing, Bidders shall take into consideration the fact that:

1. Delivery must be included in each price bid, including where multiple deliveries may be required.

2. No "conditional" freight charges will be accepted with the exception of charges that may be required for ferry service to Shelter Island. Otherwise, all freight charges must be included in Vendor’s Bid Item price. Other fuel charges or surcharges under any name will not be assessed.

See Specifications for additional Delivery information.

(V) b. Payments

68. Successful Vendor may not submit an invoice prior to the fulfillment of the purchase order or project.

Successful Vendor must submit invoice within thirty (30) days of fulfillment of the purchase order. In the event the Successful Vendor does not submit an invoice within such thirty (30) days, the Successful Vendor may not be considered for future awards and/or ESBOCES may find the Successful Vendor in breach of Contract.

69. Payment shall be made, in US currency, within sixty (60) days following the receipt of a correct, original invoice. When Items are not promptly delivered, the Successful Vendor may request ESBOCES or Participants to make a partial payment after more than 50% of the dollar value of the order has been received and invoiced accordingly.

70. The invoice must reflect Bid pricing as provided in the Cost Proposal Form, i.e., Cost Proposal Form notes (i) per hour, invoice should break down hourly, or (ii) per unit of measure, invoice should break down unit of measure in the same manner as the Cost Proposal Form. In the event pricing does not match what is provided in the Cost Proposal Form, payment may be held up until such discrepancy is resolved to the satisfaction of ESBOCES or Participants Accounts Payable Department.

71. Payment of any invoice shall not preclude ESBOCES or Participants from making a claim for adjustment on such invoice where the materials, supplies, equipment and Services (if applicable) provided were not in accordance with the Bid Documents.

72. No charges will be allowed for cases, boxes, bottles, etc., and no charges will be allowed for freight expenses. Cases, boxes, bottles, etc. will be removed by the Successful Vendor at no expense to ESBOCES or Participants.

(V) c. Toxic Substance

73. 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.

Each Successful Vendor furnishing a toxic substance, as defined by Section 875 of New York State Labor Law, to ESBOCES shall provide at least two (2) copies of a safety data sheet (SDS), 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. SDS’s must also accompany any shipment to the individual Participants for each Item containing toxic substances.

(VI) TAX LAW CERTIFICATION REQUIREMENT

74. Tax Provisions: Purchases made by ESBOCES and/or its Participant(s) are not subject to state or local sales taxes or federal excise taxes.

To satisfy the requirements of the New York State sales tax, either the purchase order issued by an agency or institution of New York State for material, supplies or equipment or the voucher forwarded to authorize payment for such Items will be sufficient evidence that the sale by a contractor or vendor was made to the State of New York, an exempt organization under Section 1116(a) (1) of the New York State Tax Law.

Exemption certificates for federal excise taxes will be furnished upon request.

No person, firm, or corporation is, however, exempt from paying the New York State truck mileage and Unemployment Insurance or the federal social security taxes.

Effective April 28, 2006, Laws 2004, Chapter 60, Part N Tax Law, Section 5-a, as amended, became effective and applies to contracts resulting from solicitations to purchase goods or services issued by covered agencies for contracts valued in excess of $100,000.

The law requires that vendors, prior to approval of contracts valued at more than $100,000, certify that they, their affiliates, subcontractors and the affiliates of their subcontractors have a valid certificate of authority to collect New York State and local sales and compensating use taxes if the vendors, affiliates, subcontractors and the affiliates of their subcontractors have made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, during the four (4) quarterly periods ending on the last day of February, May, August, and November which immediately preceded the quarterly period in which this certification is made.

Vendors must also certify to the contracting covered agency, at specified intervals during the terms of multi-year contracts and those contracts subject to renewal upon expiration of an initial or renewal term that they, as well as their affiliates and subcontractors making sales delivered within New York State, have a valid certificate of authority to collect New York State and local sales and compensating use taxes.

Proposed Vendors to New York State are hereby notified that provisions to meet the statutory requirements will be contained in all Bid Documents for goods and services valued in excess of $100,000. Proposed Vendors will be required to affirm, immediately upon request by the Office of General Services if affirmation is not contained in the Bid Documents, that proposed Vendors, and to the best of their ability that their affiliates, subcontractors and subcontractors’ affiliates are duly registered with the Tax Department and hold a valid certificate of authority.

The Tax Department is prepared to answer all questions relating to implementation of this law. Please refer to the Tax web site for detailed information: http://www.tax.ny.gov. The Tax Department may also be reached at 1-518-485-9863 for additional clarification.

(VII) MARKETING CLAUSE

75. A. The Successful Vendor is prohibited from selling or marketing products for any purpose which is prohibited under Federal or New York State Law or the Regulations and decisions of the Commissioner of Education. Any violation of this provision shall be considered a breach of contract and may result in termination of the Contract.

B. The Successful Vendor agrees that ESBOCES may periodically review marketing materials distributed by Successful Vendor and/or the Successful Vendor’s website. In the event ESBOCES becomes aware that such marketing materials and/or Successful Vendor’s website contain statements or claims which ESBOCES determines advocate for the use of Successful Vendor’s products in a manner which would violate or are in violation of Federal law, New York State Law, or the rules and regulations of the Commissioner of Education, ESBOCES may notify Successful Vendor of such materials and request that they be removed. In the event Successful Vendor refuses or fails to remove such materials after being so notified, ESBOCES may, in its sole discretion, terminate this Contract.

(VIII) ENTIRE AGREEMENT

76. This contract is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations, or communications, oral or written, of either party. No additional terms and conditions shall be accepted unless added as addenda by ESBOCES and at the sole discretion of ESBOCES.

All Bidders must sign below to verify that the above has been read and that the terms and conditions of the Bid Documents will be adhered to. In the event Bidder does not sign below, the Bidder may be deemed non-responsive.

Signature

Vendor Name http://www.nystax.gov/sbc/nys_contractors.htm

Board of Cooperative Educational Services First Supervisory District of Suffolk County

SPECIFICATIONS

Bid #2025-003-0107: Curricular Paper

(I) PURPOSE

1. The purpose of this Bid is to obtain pricing and contract with a qualified Vendor(s) to provide curricular paper, as indicated in these Specifications, for ESBOCES and the Cooperative Bidding Program Participants.

(II) ITEMS REQUIRED / REQUIREMENTS

2. See Cost Proposal Form for Item description(s) and to enter pricing.

(III) CONTRACT TERM

3. The term of this Contract shall be for one (1) year, from March 1, 2025 through February 28, 2026 (“Initial Term”). In the event ESBOCES wishes to extend the Initial Term of the Contract, such Initial Term may be extended for four (4) additional years in one (1) year increments, (“Renewal Terms”) under the same terms and conditions as mutually agreed in writing by ESBOCES and the Successful Vendor(s), subject to any price increase as set forth in Paragraph 8 Section (VI) below as agreed to by ESBOCES.

(IV) CONFLICTING TERMS

4. If any terms contained within the General Terms and Conditions conflict with these Specifications, these Specifications shall govern.

(V) REQUESTS FOR CLARIFICATION / ADDITIONAL INFORMATION

5. 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 4:00 p.m., December 30, 2024 to:

Ms. Laurie Conley Purchasing Administrator Board of Cooperative Educational Services First Supervisory District of Suffolk County 201 Sunrise Highway Patchogue, NY 11772 E-mail: purchasing@esboces.org

In the event ESBOCES provides clarification or supplemental information to this Bid, all recipients of this Bid will receive the information via an addendum to this Bid which shall be posted on the following website: www.empirestatebidsystem.com. All addenda so issued shall be signed by each bidder and returned with the Bid submission.

mailto:purchasing@esboces.org http://www.empirestatebidsystem.com/

(VI) PRICING / ESCALATION

6. ESBOCES shall make best efforts to ensure that purchase orders will not be issued for amounts less than $100 “Minimum Order”. If ESBOCES and/or its Participant(s) cannot meet the Minimum Order, than ESBOCES or Participant may pay an added freight charge.

7. Will you accept freight free purchase orders of $50.00 or more?

________Yes __________No

8. If ESBOCES exercises its right to extend this Contract, the Successful Vendor may increase prices effective upon the start of a Renewal Term by an amount equal to the current percentage published by the United States Department of Labor Bureau of Labor Statistics Northeast Region consumer price index for all Urban Consumers (CPI-U) – May, which is usually published in June of each year, not to exceed 2% if the CPI is under 5%. If the CPI is 5% or higher, the Successful Vendor may increase their prices up to 4%. In the event the percent increase creates a number containing more than two digits beyond the decimal point, the resulting increase will be rounded to the nearest cent.

ESBOCES must be notified in writing by the Successful Vendor of any request for a price increase at least sixty (60) days before the Renewal Term.

9. If ESBOCES does not consider the new price fair and reasonable and in ESBOCES and/or its Participants best interest, the Contract may be terminated after fifteen (15) days’ written notice to the Successful Vendor. The Successful Vendor must fill all outstanding orders placed prior to termination.

10. If, in the future, the Successful Vendor is able to offer a lower price structure for the materials, supplies, equipment or Service(s) under this Contract, the Successful Vendor should notify ESBOCES and/or its Participants in writing.

11. All pricing must be entered on the Cost Proposal Form. Shipping and handling must be included in price.

(VII) SUBMISSION OF COST PROPOSAL FORM

12. ESBOCES will provide a Cost Proposal Form (“Spreadsheet’), and each Bidder shall complete the Cost Proposal Form in accordance with the instructions on the Spreadsheet. Additionally each Bidder should supply one (1) CD or flash drive of the Cost Proposal Form in its original bid format as well as a paper printout of the Cost Proposal Form with all of the Items, Item numbers, and description of Items ESBOCES requires. In the case where a price discrepancy exists between the CD/flash drive and the paper printout, the paper printout prices shall prevail.

13. Only enter prices/bid amounts as requested on the Cost Proposal Form. Do not enter extended prices.

All prices/bid amounts must include shipping and handling.

14. Bidders must not modify or enter information in ESBOCES descriptions. Any alternates must be entered in the alternate column. Modifications to ESBOCES descriptions may result in modified line item(s) not being awarded and/or the Bidder being deemed non-responsive.

15. Note: Bidders are to pay particular attention to the way each Item is requested to be priced.

Example: Price $_______/ box, each, pad, package, ream, roll, etc. Varying from the requested price break down may cause that Item to be deemed non-responsive.

16. Bidder shall place the organization’s name on each page of the Cost Proposal Form.

17. All deliveries must be inside deliveries.

18. There will be no additional charges for multi-drop deliveries.

(VIII) ALTERNATE / EQUAL

19. All specifications/descriptions are designed to establish minimum levels of quality. In all cases where an alternate/equal Item(s) is being bid and the Item(s) is not from a catalog, a sample of the alternate/equal Item(s) or a specification sheet must be submitted. Samples for alternate/equal Item(s) and/or specification sheet(s) must be submitted with the Bid.

20. When the alternate/equal Item(s) being bid is from a catalog, the Bidder must provide a copy of the catalog being referenced. Copies of catalogs for alternate/equal Item(s) must be submitted with the Bid.

21. Bidders who fail to supply a sample of alternate/equal Items, specification sheet(s), or a copy of catalog(s), pursuant to the above, may have that line Item(s) declared non-responsive.

22. When bidding an alternate/equal Item, the Item(s) must be substantially equivalent in quality, must have the same warranty and where applicable must match the same strength, silhouette and shape design, etc., as the original Items.

23. Such alternate/equal samples, specification sheets, catalogs or Items submitted pursuant to the above, must be sent to the same address as the Bid.

(IX) USAGE REPORTS

24. The Successful Vendor must provide usage reports detailing purchases during the Bid Contract on forms supplied by ESBOCES. Usage reports will include all Items/Services purchased and shall include the following:

A. Number of units purchased per line Item;

B. Unit price and extension per line Item; and

25. Usage reports are a requirement of accepting an Award from this Bid. ESBOCES will provide a spreadsheet for the Successful Vendor to complete to submit their usage, in accordance with Bid requirements. Such reports shall be compiled and delivered by the Successful Vendor to the Purchasing Office of Eastern Suffolk BOCES at 201 Sunrise Highway Patchogue, NY 11772 or e-mailed to purchasing@esboces.org by close of business as follows:

Report Period - Annual (and for extensions if applicable) Report Due

March 1, 2025 – October 31, 2025 November 7, 2025 November 1, 2025 – October 31, 2026 November 6, 2026 November 1, 2026 – October 31, 2027 November 5, 2027 November 1, 2027 – October 31, 2028 November 7, 2028 November 1, 2028 – October 31, 2029 November 7, 2028

26. A failure to report in accordance with the above paragraphs #24 and #25 may be considered a material breach of this Contract. In such event, ESBOCES reserves the right not to consider Successful Vendor for future bids.

201 Sunrise Highway

Patchogue, New York 11772

Vendor Acknowledgement and Information Form

EXHIBIT A

Pursuant to advertisement for the Board of Cooperative Educational Services, First Supervisory District of Suffolk County, requesting bids for:

Bid #2025-003-0107: Curricular Paper to be opened on January 7, 2025, at 11:00 a.m., the undersigned, as a duly authorized representative of the Vendor, hereby proposes to furnish such services, materials, supplies, and equipment as required by the General Terms and Conditions and Specifications contained within the Bid Documents at the prices indicated on the Cost Proposal Form.

Company Name _____________________________________________________________________ (as shown on your W-9)

Physical Street Address _______________________________________________________________ (No P.O.