FINAL BID Grocery WFL 2026-04B.pdf

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

TERMS AND CONDITIONS

GENERAL CONDITIONS

BID SPECIFICATIONS

AND

BID PROPOSAL/FORMS

COOPERATIVE GROCERY ITEMS

WFL 2026-04B

BIDS TO BE OPENED: October 30, 2025

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

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

Order of Precedence:

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

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

Wayne Finger Lakes BOCES Cooperative Grocery Items

LEGAL NOTICE TO BIDDERS

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

Bids will be received until 3:00 pm on October 30, 2025, by the Wayne-Finger Lakes BOCES Business Office, at which time and place they will be publicly opened and read.

Specifications and bid forms may be obtained at the same office or on-line at:

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

Wayne-Finger Lakes BOCES

315-332-7458

By: Linda McClean, CPPB Purchasing Director

10/2/2025

Bid will be effective from

January 1, 2026 – June 30, 2026

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

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

CONFIRMATION RECEIPT FORM

Bid Title: Cooperative Grocery Items WFL 2026-04B

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

To: Linda McClean, CPPB Purchasing Director Wayne-Finger Lakes BOCES 131 Drumlin Ct.

Newark NY 14513-1863

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

WILL RECEIVE ALL FURTHER COMMUNICATION REGARDING THIS BID.

Bidder _____________________________________________________________________

Address _____________________________________________________________________

City/State/Zip _____________________________________________________________________

Signature _____________________________________________________________________

Typed Name _____________________________________________________________________

Title ____________________________________ Date: ____________________, 2025

Telephone (_____)__________________________ Fax (_____)_________________________

Email _____________________________________________________________________

COOPERATIVE GROCERY ITEMS WFL 2026-04B

IMPORTANT NOTICE – Bid Distribution:

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

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

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

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

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

Bid Submission Bids can be submitted by:

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

b) electronically thru the use of IonWave technologies website.

Do not do both and please plan accordingly.

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

INSTRUCTIONS TO BIDDERS

1. Read all documents contained in the bid specifications.

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

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

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

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

Finger Lakes BOCES Purchasing Director, 131 Drumlin Court, Newark, New York 14513 or email:

wflpurchasing@wflboces.org.

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

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

http://www.bidnetdirect.com/ https://wflboces.ionwave.net/ mailto:wflpurchasing@wflboces.org

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

1. Title of Bid and Bid Number

2. Date and Time of Bid Opening

3. Company Name

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

7. Bid form responses:

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

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

a. Supplier Notes (if applicable) any variations such as: Product description, weight of container, color variance, etc.

b. Vendor’s Item Number

c. Unit Pack Size

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

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

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

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

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

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

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

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

• Section A - Catalog/Website Instructions Form

• Section B - Discount Form

• Questionnaire

• Bidder Qualification & Disclosure Form

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

• Resolution (For Corporate Bidders Only)

• Declaration Statement

• Vendor Bid Item Listing

• W-9

• Catalog Hard Copies (if applicable) must be received by the date and time of the bid opening Failure to submit any of the above data may result in the rejection of the bid as non-responsive.

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

GENERAL INFORMATION

1. SCOPE:

1.1 The Wayne-Finger Lakes BOCES and Participants require COOPERATIVE GROCERY ITEMS. The BOCES and Participants have agreed to form a Cooperative Bid Group as authorized by General Municipal Law Section 119-o. It is the intent of the Cooperative Bid Group (hereinafter referred to as “Participants”) to contract with vendor(s) and to establish prices for these items for the stated contract term. Not withstanding the details presented in the specifications, it being understood that a complete reliable supply of COOPERATIVE GROCERY ITEMS satisfactory to each participant shall be required in all cases.

1.2 The Participants reserve the right to add to, or remove from, the contract at any time using Organizations, Departments, Agencies and School Districts.

2. AMENDMENTS TO BID:

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

3. DESCRIPTION OF BOCES:

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

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

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

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

4. OBLIGATION OF BIDDERS:

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

5. RESPONSIBILITY OF CONTRACTOR:

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

6. BOCES' RESPONSIBILITY:

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

7. PARTICIPANTS' RESPONSIBILITY:

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

8. CONTRACT TERM:

The contract resulting from this bid invitation shall remain in effect from January 1, 2026 – June 30, 2026.

The contract may be extended for one (1) six-month term or less upon mutual agreement of the contracting parties.

9. SHORT TERM EXTENSION:

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

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

10. QUANTITIES:

The annual usage quantities specified are estimates of total requirements for the academic year, which may include the summer session where applicable. The totals are estimates ONLY and should not be construed to represent either maximum or minimum amounts to be purchased during the contract term. Therefore, the contract is only for quantities actually ordered.

11. OTHER CONTRACTS:

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

12. UNANTICIPATED REQUIREMENTS:

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

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

13. BIDDER QUALIFICATIONS:

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

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

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

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

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

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

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

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

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

13.5 The successful bidder must supply copies of catalog(s)/price list(s) bid to all Participants.

14. IRAN DIVESTMENT ACT:

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

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

14.2 During the term of the Contract, should BOCES receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, BOCES will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then BOCES shall take such action as may be appropriate and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

14.3 BOCES reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf 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.

15. BUY AMERICAN PROVISION:

15.1 Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-

336) added a provision, Section 12(n) to the NSLA (42 USC 1760(n)), requiring school food authorities (SFA’s) to purchase, to the maximum extent practicable, domestic commodity of products. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51% of the final product consists of agricultural commodities that were grown domestically. Products from Guam, America Samoa, Virgin Islands, Puerto Rico and Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFA’s must comply with when purchasing commercial food products served in the school meal programs.

15.2 LIMITED EXCEPTIONS TO THE BUY AMERICA PROVISION:

There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting the “domestic” standard as described above (i.e., “non-domestic”) in circumstances when use of domestic foods is truly not practicable. These exceptions, as determined by the SFA, are:

• The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or

• Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

15.3 Should the vendor request an exception to the buy America provision, it is the vendors responsibility to provide sufficient evidence that the product in question does not exist in any form that would comply with the provision. Should the BOCES determine that the evidence supplied by the vendor does not meet the requirements for an exception, the vendor will be required to supply the appropriate produce or be deemed nonresponsive to the bid or contract.

16. MWBE: §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

(a) The Non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists.

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources.

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises.

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises.

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

17. BID FORMAT:

The bidder shall insert the unit price, the extended price, and any brand, quantity and/or size variance from the specified product on the bid forms enclosed for each item he/she proposes to furnish. In the event of a discrepancy between the unit price and any extension or bid total, the unit price will govern. If not bidding an item or items, mark N/A in appropriate place(s), do not leave any blanks.

18. REGULATIONS:

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

19. SPECIFICATION REFERENCES:

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

19.2 The Participants have determined that if manufacturers are listed (model names or numbers used) in the specifications, those listed are preferred. This manufacturer’s reference is not intended to be restrictive but descriptive of the type and quality that the Participants’ desire to purchase. Bids for similar manufactured items of like quality will be considered if the bid is fully noted with the manufacturer’s brand name and model.

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

19.4 If the item or items called for in these specifications are delivered and fail to meet specifications in any respect, the bidder will be notified, and he will arrange for their removal from the Participant’s property at no expense to the Participant. If successful bidder fails to remove the items, which, in the opinion of the Bid Committee, do not meet specifications, the Participant will arrange to have such items removed and any expense connected therewith will be the responsibility of the successful bidder.

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

20. TAX EXEMPT STATUS:

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

21. CANCELLATION CLAUSE:

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

22. TERMINATION CLAUSE:

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

23. NON-ASSIGNMENT:

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

24. GOVERNING LAW:

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

Pending the resolution of any dispute, the Contractor shall proceed as directed by BOCES in writing.

25. JUDMENTS/LEGAL FINDINGS:

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

26. NEW YORK STATE SEXUAL HARASSMENT LAWS:

By submission of this Bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

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

27. FORCE MAJEURE:

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

28. DISCREPANCY:

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

29. NO ARBITRATION:

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

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

30. EXECUTORY CLAUSE:

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

31. EXCEPTIONS:

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

32. INDEMNIFICATION:

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

33. ORDER OF PRECEDENCE:

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

1. Bid Terms and Conditions

2. Bid Specifications

3. General Conditions

4. Purchase Order Conditions

SPECIFICATIONS

Through this Request for Bids, the Wayne-Finger Lakes BOCES seeks qualified and responsive vendors to provide grocery items. Items to be purchased from this contract may include but are not limited to:

grocery items not specified in this bid. Items listed in Section A are specified on the attachments. Vendors may bid Section B for items of unknown type and quantity which will be purchased throughout the bid term also.

SECTION A

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

1. MINIMUM BID REQUIREMENTS:

• Nutrient Data Requirements:

• Nutrient data must be supplied by the food manufacturers, food distributors, or food brokers for food items that are offered in schools which do not appear in the National Nutrient Database for Child Nutrition Program (NNDCP).

• All required Data Submission Forms must be submitted with the bid and then to Participants prior to the delivery of any product, and no later than January 1, 2026.

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

• The bidder shall insert the price per unit, shipping container size and any variance for each item. Bidders are directed to bid all items that they are able to supply as indicated on the Vendor Bid Item Listing form. If not bidding an item or items mark No Bid in appropriate place(s).

• All prices offered are net delivered.

2. MINIMUM ACCEPTABLE STANDARDS:

As described in the bid forms.

3. EXPIRATION DATES:

a. Non-perishable:

All packaged, canned, and non-perishable food items delivered under this contract must have a minimum remaining shelf life of 6 months from the date of delivery. Products with a shelf life of less than the required period may be rejected and must be replaced by the vendor at no additional cost to the participant.

b. Perishable:

For perishable food items, the following minimum remaining shelf-life requirements apply at the time of delivery:

• Fresh Meat: 2 to 3 days

• Poultry: 2 to 3 days

• Fish: 2 to 3 days

• Dairy Products: 1 week (after opening)

• Eggs: 3 to 5 weeks (in shell)

• Fruits: 1 to 2 weeks (varies by type)

• Vegetables: 3 to 7 days (varies by type)

• Prepared Foods: 3 to 5 days

• Vacuum-Sealed Beef & Pork: 2 to 3 weeks

• Vacuum-Sealed Poultry: 1 to 2 weeks

• Vacuum-Sealed Fish: 1 week (varies by type)

c. Frozen Foods:

For frozen food items, the following minimum remaining shelf-life requirements apply at the time of delivery:

• Frozen Meat: 6 to 12 months

• Frozen Fruits/Vegetables: 8 to 12 months

• Frozen Prepared Meals: 3 to 6 months

• Frozen Fish: 3 to 6 months

All products delivered, whether perishable, non-perishable, or frozen, must have clearly visible expiration dates either on the product itself or on the outside of the shipping case.

Any exceptions to these requirements must be approved in writing by the participant prior to delivery. The participant reserves the right to reject any products that do not comply with the specified expiration and shelf-life standards.

4. DELIVERY COSTS:

3.1 Delivery of all items shall be FOB destination. In recognition of the added overhead involved, due in part to additional handling this may create and because we expect the lowest price per unit of issue, a minimum order quantity is recognized at $500.00 for all orders delivered to a single destination. Order quantities that do not meet the $500.00 minimum may be delivered FOB destination with freight (or delivery charges) allowed. Shipping charges should appear as a separate item on the vendor’s invoice. But, in cases where the aggregate sum exceeds $500.00 for multiple orders being delivered to the same location, then there will be no freight or delivery allowance. Any additional freight costs the bidder may anticipate should be factored into the product bid price.

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

5. DELIVERIES:

4.1 Prices are to be FOB each school/agency building in each district/agency participating in the bid. The successful bidder(s), upon notice, shall coordinate delivery schedules with all participating districts/agencies. It is understood that supplies shall be properly marked and packaged for inside delivery to specific school/agency buildings in accordance with the Delivery Site List. All such receipts must be signed and dated by an authorized representative of the Participant. Deliveries made to sites not designated on the delivery schedule, or without a signed delivery ticket, shall be considered as non-delivery.

4.2 Deliveries of perishable items shall be made in a refrigerated vehicle: temperature of frozen items shall not exceed 0 degrees F and the temperature of fresh items not to exceed 40 degrees F. It is the responsibility of the successful bidder to deliver all items in good condition to the point of destination.

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

SECTION B

Represents items of unknown type and quantity, which the Participants will purchase throughout the bid term. For Section B, Bidders are to quote percentage discount from any or all of the following:

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

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

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

a) Catalog:

• Hard copy - If bidding discount from hard copy catalog, bidder shall furnish a copy of the current catalog with the bid submission. Additional copies of hard copy catalogs must be supplied at the Participant’s request throughout the term of the bid at no cost to the Participant. The catalog pricing provided at the time the bid is submitted shall remain in effect during the contract term, except as expressly authorized herein.

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

b) Price List:

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

• Specific manufacturers’ price lists

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

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

A copy of each referenced manufacturer’s price list or catalog must be provided with the bid. The manufacturer’s price list or catalog pricing provided at the time the bid is submitted shall remain in effect during the contract term, except as expressly authorized herein.

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

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

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

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

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

b. No minimum order requirements shall apply.

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

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

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

b. If the Participant requires a specific product which is not on the Section A item list, the

Participant will fax or email a price inquiry to all awarded Section B bidders offering a general catalog or price list discount (ref. items 1 a-b).

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

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

Award will be made to the Section B awarded bidder offering the best net price and in the best interest of the Participant for a particular order.

3. In the event the successful bidder of Section B item(s) proposes a price increase during the contract term, and such price increase is permitted by law, such price increase will be considered or authorized only to the extent of the verified amount the cost of such item(s) was increased to the bidder by its supplier or manufacturer. The BOCES retains the right to determine whether or not such proposed increase(s) are in the best interest of the Participants, and in accordance with applicable law. The BOCES reserves the right to audit and/or examine any pertinent books, documents, records or invoices relating to the bid or item(s) in question after reasonable notice and during normal business hours. If it is determined that the proposed increase(s) are not acceptable, the BOCES reserves the right to cancel the respective bid or contract.

EVALUATION & AWARD DETERMINATION

1. LOW BID DETERMINATION/PRICING:

Section A:

a) Award of items in Section A will be awarded on an item-by-item basis to the lowest responsible bidder(s) who meet(s) all the terms of the specifications and is in the best interest of the Cooperative Bid Group. The Participants reserve the right to factor in the administrative costs of making multiple awards, issuing multiple orders and dealing with multiple vendors in calculating which bids actually result in the lowest overall costs to the Participants; therefore, if making an award to one vendor is in the best interest of the Participants, one award will be made. For example, the Participants reserve the right to consolidate awards and not necessarily award to what appears to be a low bid when administrative costs make it more costly to the Participants to award solely on the basis of the bid received.

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

Section B:

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

1. TIEBREAKER PROCEDURE:

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

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

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

POST AWARD CONTRACT PROCESS

1. PRODUCT SUPPLIED:

Section A:

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

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

Section B:

Represents items of unknown type and quantity, which the Participants will purchase throughout the bid term. See Attachment A: Information & Directions for Replying to an RFQ for Section B of this bid.

2. SALE ITEMS:

When a bid item appears on a company sales flyer at a price, lower than the bid price, the sales price will apply to all Participants. Vendors are required to distribute any rebates for products bid to the Participants.

3. PURCHASE ORDERS:

Participants will issue Purchase Orders directly to the awarded contractor. Purchase Orders shall be considered effective and binding upon transmission to the contractor by mail, email, fax, or other mutually accepted method, using the contact information provided on the bid form. No substitutions will be permitted after bid award(s) have been made. Participants reserve the right to request delivery at any time during the contract term, including any extensions mutually agreed upon. Each Purchase Order will specify the delivery address and the required delivery date. When applicable, color and/or size requirements will be noted on the Purchase Order.

If the vendor cannot meet the requested delivery date, the vendor must notify the district within three (3) business days of receipt of the Purchase Order so that alternate arrangements can be made. Failure to meet delivery requirements may result in rejection of future bids from the vendor.

4. EXCESSIVE DELAY:

4.1 It is expected that the delivery of items will be received by the BOCES within thirty (30) days from receipt of order by the vendor. If delivery by the vendor is delayed by more than fifteen (15) business days after the thirty (30) day delivery time frame, the BOCES reserves the right to terminate the order of any or all undelivered units.

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

5. USAGE REPORTS:

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

6. PAYMENTS:

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

7. STOCK-OUT CLAUSE:

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

8. INVOICES:

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

9. DAMAGED GOODS/SHIPPING ERRORS:

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

10. ABANDONED GOODS:

Deliveries left on the loading dock without acceptance by the Authorized User shall be considered ‘Abandoned goods’ and may be returned at the vendors expense or disposed of at the discretion of the Authorized User. It is acceptable for deliveries to be left on the dock only if written permission was provided by the authorized user. Additionally, the written permission must be clearly displayed on the delivery package, and the delivery personnel must ensure that the package is placed in a secure and designated area on the dock.

11. RECALL NOTIFICATIONS:

The vendor(s) shall have the ability to track all products delivered. The contractor shall have a product recall program that provides notification to Wayne-Finger Lakes BOCES and participants that have received the recalled products. The vendor(s) is responsible for picking up and replacing all products that are subject to recall. Participants shall not be responsible for the pickup and replacement cost of any recalled product.

Subsequent credits must be applied, as applicable.

12. PARTICIPANTS:

Participating school districts and agencies include the following organizations. Specific sites for each Participant may be found on the enclosed Delivery Site List.

Bloomfield Central School District, Oakmount Ave., PO Box 98, E. Bloomfield, NY 14443 Canandaigua City Central School District, 143 North Pearl St., Canandaigua, NY 14424 Clyde-Savannah Central School District, 215 Glasgow St, Clyde NY, 14433 Gananda Central School District, 1500 Dayspring Ridge, Walworth, NY 14568 Geneva City School District, 335 Gambee Rd., Geneva, NY 14456-3492…