Fish Bid Package 25-FISH-1.pdf

COUNTY OF SARATOGA

REQUEST FOR BIDS

FISH

25-FISH-1

OPENING March 19, 2025 @ 11:00 a.m.

SARATOGA COUNTY DEPARTMENT OF CENTRAL SERVICES

JOHN T. WARMT, DIRECTOR OF PURCHASING

50 WEST HIGH STREET

BALLSTON SPA, NEW YORK 12020

INSTRUCTIONS TO BIDDERS

1. By these specifications, 25-FISH-1 it is the intent of Saratoga County, through its Purchasing Department, to secure a bid for various species of fish. Sealed bids will be received until 11:00 a.m. Wednesday, March 19, 2025 at which time bids will be publicly opened and read aloud. Any proposal received after the deadline listed in these instructions, by any delivery method, will be considered late and returned unopened. Electronic bid submissions will be accepted for this solicitation. Electronic submissions will only be accepted through the Empire State Purchasing Group (bidnet) website. Electronic bids will be made available to the County on the date and time listed in the bid documents.

2. Bids must be addressed to the Saratoga County Purchasing Department, 50 West High Street, Ballston Spa, NY 12020 and must be in a sealed envelope plainly marked - BID FOR FISH.

3. It is the bidder’s responsibility to deliver the fish to all designated municipalities in the County.

4. Bid award will be subject to the conditions of a NYSDEC Stocking Permit to the County of Saratoga.

5. Any live brook trout, brown trout, rainbow trout, Bass or minnow obtained from private or commercial fish hatcheries or fishing preserves must be accompanied by an acceptable fish Health Inspection Certificate issued within the past 12 months. A copy of the Certificate must be submitted with the bid and a copy must accompany such fish during transport and stocking. Certificate must be available for inspection by Department personnel upon request.

6. Delivery charges must be included in the bid.

7. The quantities listed are estimated only. However, each contract shall be for the quantities actually ordered during the contract period. The contractor must furnish all quantities actually ordered during the contract period.

8. The Town of Milton must be billed separately for $7,000 worth of fish purchased with Town funds. These fish numbers are not reflected in the Saratoga County Stocking Permit totals attached to this bid.

9. The Town of Wilton must be billed separately for $1,500 worth of fish purchased with Town funds.

10. Delivery must be made in coordination with the Saratoga County Planning and Economic Development Department at a mutually agreed upon date and time. Contact Jason Kemper, Director of Planning at (518) 884-4721 with questions regarding the stocking permit and the various stocking locations.

11. Purchases by Saratoga County are not subject to any sales or federal excise taxes. Saratoga County is also exempt from the Transportation Tax.

12. ALL BIDS MUST BE SUBMITTED ON THE BID FORMS PROVIDED BY THE SARATOGA COUNTY

PURCHASING DEPARTMENT OR FROM THE EMPIRE STATE PURCHASING GROUP WEBSITE.

13. Saratoga County will reject any bid that does not have a signed Statement of Required Disclosures, Representations, and Certificates that includes the Non-Collusive Bidding Certificate, a Certificate of Compliance with the Iranian Divestment Act, and a Certificate for the Prevention of Sexual Harassment, and binds the bidder to their proposal (attached).

14. Failure to comply with any of the above terms or any evidence of poor quality or service will be considered cause for discontinuing business with the successful bidder.

FISH – INSTRUCTIONS page 2

15. Saratoga County, through its Purchasing Division, reserves the right to accept any alternate proposal not significantly altering the bid specifications.

16. Saratoga County, through its Purchasing Division, reserves the right to reject parts of any or all bids

17. All questions regarding this bid should be directed to:

JOHN T. WARMT

Director of Purchasing

Telephone: (518) 885-2210

BROOK & RAINBOW TROUT

COUNTY OF SARATOGA

DEPARTMENT OF CENTRALSERVICES

50 WEST HIGH STREET

BALLSTON SPA, NEW YORK 12020

(p) 518-885-2210 (f) 518-885-2220

GENERAL CONDITIONS

(For the purchase of materials, supplies, services, and equipment)

All invitations to bid issued by the County of Saratoga will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contact awarded by the County.

DEFINITIONS

“County”

“Bid”

“Bid Offer”

“Bidder”

“Business Day”

“Successful bidder”

“Specification”

- shall be the legal designation of the County of Saratoga.

- an offer to furnish materials, supplies, services, and or equipment in accordance with the invitation to bid, the general conditions, and the specifications.

- the form on which the bidder submits their bid

- any individual, company, or corporation submitting a bid.

- any day that the Saratoga County Department of Central Services is open to conduct normal business.

- any bidder to whom an award is made by the County.

- a detailed description of materials, supplies, services, and/ or equipment.

BIDS

1. The date and time of all bid openings will be given in the Notice to Bidders, the bid cover page, and in the Instructions to Bidders. In the event the County is closed due to inclement weather, or other circumstance, on the day indicated, an addendum will be released with updated opening information the next day the County is open.

2. Saratoga County distributes bidding documents through the Empire State Purchasing Group website (http://www.empirestatebidsystem.com/) or through the Saratoga County Department of Central Services. Only those vendors who obtain bidding documents from either the Saratoga County Department of Central Services or from the Empire State Purchasing Group website are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from any other source you are strongly encouraged to obtain a copy from a source mentioned above.

3. All bids received after the deadline, by any delivery method, will be considered late and will be returned unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. The bidder assumes responsibility for having his bid deposited on time at the place specified. The County will not accept facsimile or e- mail bids.

4. All information required by the Instructions to Bidders, Specifications, and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid. The County reserves the right to reject any incomplete bid.

5. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, services or equipment required and a representation that the bidder can furnish the supplies, services, materials, or equipment in complete compliance with the specifications.

6. No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviations from the specifications must be indicated in the space provided on the bid forms or additional sheet of paper.

7. Prices and information required, except signature of bidder, should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be original signatures. Photocopied, facsimile, printed, stamped, or typewritten signatures will not be accepted, unless electronic bids are accepted.

8. No charge will be allowed for federal, state, or municipal sales and excise taxes since the County is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax. The County of Saratoga is also exempt from Transportation Tax.

9. In all specifications, the words “or equal” are understood after each article giving a manufacturer’s name or catalog reference, or on any patented article, unless, for reasons of efficiency and economy, the Board of Supervisors has passed a resolution “standardizing” certain equipment purchases. The decision of the County as to whether an alternate or substitution is in fact “equal” shall be final. If bidding on items other than those specified, the bidder must in every instance give the trade designation of the item, manufacturer’s name, and detailed specification of the item he proposes to furnish.

Otherwise, the bid will be construed as submitted on the identical item as specified.

10. Bids on equipment must be standard new equipment, of latest model, and in current production, unless otherwise specified.

11. All regularly manufactured stock electrical items must bear the label of the Underwriters’ Laboratories, Inc.

http://www.empirestatebidsystem.com/)

12. When bids are requested on a lump sum basis, bidder must bid on each item in the lump sum group. A bidder desiring to bid “no charge” on an item in a group must so indicate; otherwise the bid for that group may be rejected.

13. All prices quoted must be “per unit” as specified; do not quote “per case” when “per dozen” is requested; otherwise the bid may be rejected.

14. If indicated in the bid documents, all bidders must insert the price per unit and the extensions against each item in their bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.

15. Prices shall be net F.O.B. to the requesting Saratoga County department. If the award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.

16. All bids must be sealed. Bids may be submitted either in plain or opaque envelopes. All bids must be addressed to the Director of Purchasing. Bid envelopes must be clearly marked with the bid name, the date and time of the bid opening, as indicated on the Notice to Bidders. Bids must not be attached to or enclosed in packages containing bid samples. Telephoned quotations or amendments will not be accepted at any time. The County will not accept facsimile or e-mail bids.

17. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally.

Every request for such interpretation should be in writing, addressed to the County, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the County in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.

SAMPLES

18. All specifications are minimum standards; and accepted bid samples do not supersede specification for quality unless the bid sample is superior, in which case, deliveries must be the same identity and quality as accepted bid sample.

19. The County reserves the right to request a representative sample of the item quoted prior to the award or before shipments are made. If the sample is not in accordance with the requirements of the specification, the County may reject the bid; or, if award has been made, cancel the contract at the expense of the successful bidder.

20. Samples, when required, must be submitted strictly in accordance with the instructions; otherwise, the bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within ten (10) business days of the request, or as directed, for the bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests.

Award samples may be held for comparison with deliveries.

The County will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at their expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the County shall have the right to dispose of them as its own property.

21. When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the County. Failure on the part of the bidder to examine sample shall not entitle him to any relief from the conditions imposed in the proposal, specification, etc.

AWARD

22. Awards will be made to the lowest responsible bidder unless Best Value Methodology is indicated in the bid documents, taking into consideration the reliability of the bidder, the quality of the materials, services, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery. If used, the Best Value Award criteria will be listed in the specification.

23. The County reserves the right to reject all bids. Also reserved to the County is the right to reject, for cause, any bid in whole or in part and to waive technical defects;

qualifications; irregularities; and omissions if in the County’s judgement the best interests of the County will be served. Also reserved is the right to reject bids and to purchase items on State or County contract or BOCES or other municipal bids if such items can be obtained at a lower price.

24. The County reserves the right to make awards within forty-five (45) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder can prove that their submission has an obvious clerical error or where the enforcement of the bid would impose unconscionable hardship on the bidder.

25. Under NYS General Municipal Law Section (103), subdivision (3), it is the intent of this Request For Bids that all political subdivisions, and districts located in the State of New York, be entitled to make purchases of materials, equipment or supplies from the resulting bid award. Each participating entity shall be billed by and make payment directly to the successful bidder. In the event of a failure or breach in performance of any such bid by a participating entity or the successful bidder, Saratoga County, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this bid.

26. Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

PROTEST PROCEDURE

27. A formal Protest concerning a pending contract award must be received within five (5) business days after the protesting party knows or should have known of the facts that form the basis of the protest.

28. The formal protest must be submitted in writing to the Saratoga County Department of Central Services either by mail (50 West High Street, Ballston Spa, New York, 12020), fax or e-mail to ogs@saratogacountyny.gov

29. The formal protest must include:

a. The bid number and protesters contact information

b. A statement of the grounds for the protest, specific information is required

c. A description of all remedies or relief requested

d. All supporting documentation

30. The Director of Purchasing, in consultation with the County Attorney, will review the protest and draft a formal response to the protester. This Notice of Decision shall state the basis of the decision and inform the protester of the right to appeal to the Saratoga County Administrator.

The decision by the Director of Purchasing shall be a final and conclusive determination unless appealed, in writing, to the County Administrator (40 McMaster Street, Ballston Spa, New York 12020) within ten (10) business days after receipt of the Notice of Decision is sent to the protestor.

31. The County Administrator shall hear and make a final determination on all appeals. The County Administrator may designate a person or persons to act on his/her behalf. A formal appeal may not introduce new facts unless responding to issues raised by the Director of Purchasing in the initial protest determination.

CONTRACT

32. Each bid will be received with the understanding that the acceptance thereof by the County, approved by the County, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the County. The Contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of the bid. Minimum Orders are not acceptable; the Contract will be for all items actually ordered. The Contract shall bind the County on its part to order from such successful bidder (except in the case of emergency) and to pay for at the contract prices, all items ordered and delivered, unless otherwise specified.

Payments will be processed after the receipt of a proper invoice from the successful bidder.

33. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in the successful bid, will be considered sufficient notice of acceptance of contract.

34. If the successful bidder fails to deliver within the time specified or within a reasonable amount of time as interpreted by the County, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the County, the County may purchase from other sources to take the place of the item rejected or not delivered. The County reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity. Whenever the County seeks legal enforcement of the provisions of said contract, the successful bidder shall be liable for payment of the County’s legal costs, including reasonable attorney’s fees.

35. The County may cancel the contract in writing with 10 days’ notice upon non-performance of the contract.

36. If the successful bidder fails to deliver as ordered, the County reserves the right to cancel the contract and purchase the balance from other sources at the successful bidder’s expense.

37. Cancellation of a contract for any reason may result in the bidder being found as non-responsive/non- responsible and removal of the successful bidder’s name from mailing lists for future proposals until such time that the County has determined the bidder has resolved any issues that caused the initial finding.

38. When materials, equipment, services or supplies are rejected, they must be removed by the successful bidder from the premises of the County within five business (5) days of notification. Rejected items left longer than five business (5) days will be regarded as abandoned, and the County shall have the right to dispose of them as its own property.

39. No items are to be shipped or delivered until the successful bidder receives an official order from the County.

40. It is mutually understood and agreed that the successful bidder 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 County.

INSTALLATION OF EQUIPMENT

41. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order.

42. Equipment, supplies, services and materials shall be stored at the site only on the approval of the County and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

43. Work shall be progressed so as to cause the least inconvenience to the County and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and handle installation work promptly.

44. Bidders shall acquaint themselves with conditions to be found at the project site, or sites, and shall assume all responsibility for placing and installing the equipment in the locations required.

45. Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All equipment is represented “as is”. Equipment is available for inspection only at the delivery point listed unless otherwise specified.

mailto:jwarmt@saratogacountyny.gov

46. The successful bidder guarantees:

• The products against defective material or workmanship and will repair or replace any damages or marring occasioned in transit.

• To furnish adequate protection from damage for all work and to repair damages of any kind for which the successful bidder or its workers are responsible, to the building or equipment, to their own work, or to the work of other successful bidders.

• To carry adequate insurance to protect the County from loss in case of accident, fire, theft, etc.

• That the equipment or furniture offered is standard, new, latest model of regular stock product or as required by the specifications, with parts regularly used for the type of equipment or furniture offered: also that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to the County.

• Any merchandise provided under the contract, which is or becomes defective during the guarantee period, shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment (one year from the date of acceptance of the replacement). The successful bidder shall make any such replacement immediately upon receiving notice from the County.

Delivery

47. Delivery must be made as ordered and in accordance with the proposal and specification. If delivery instructions do not appear in the Instructions or Specification, it will be interpreted to mean prompt delivery (not to exceed 30 calendar days). The decision of the County as to reasonable compliance with delivery terms shall be final.

Burden of proof of delay in receipt of order shall rest with the successful bidder. Failure to deliver because of delayed payments or for any other reason except that described in Paragraph 57 will be cause for open market purchase at the expense of the successful bidder.

48. The County will not schedule any deliveries for Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is an emergency, a replacement, or is overdue, in which event the convenience of the County shall govern.

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

50. The successful bidder shall be responsible for delivery of items in good condition at point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving department will note for the benefit of successful bidder when packages are not received in good condition.

51. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the agent for the County. The successful bidder will be required to furnish proof of delivery in every instance.

52. Unloading and placing of the equipment and furniture is the responsibility of the successful bidder, and the County accepts no responsibility for unloading and placing of equipment. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the County, and suppliers should notify their truckers accordingly.

53. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract Number

Purchase Order Number

Name of Article

Item Number

Quantity

Name of the successful bidder

54. Payment for the used portion of an inferior delivery will be made by the County on an adjusted price basis

55. Payment will be made only after correct presentation of packing slips and invoices are provided to the requesting department by the successful bidder.

56. Payments of any claim shall not preclude the County from making claim for adjustment on any item found not to have been in accordance with the general conditions and specifications.

SAVE HARMLESS

57. Successful bidders shall protect, indemnify, defend and save the County harmless from and against any damage, cost or liability, including reasonable attorney’s fees, for any or all injuries to persons or property arising from acts or omissions of the successful bidder’s company, its officers, employees and agents, including but not limited to claims brought by third parties, employees of the County or employees of the company.

NONDISCRIMINATION CLAUSE

58. The bidder agrees that it will not discriminate against any employee, applicant for employment or student because of race, creed, color, national origin, religion, sex, age, disability, marital status, sexual orientation or other non-merit factors. Such action shall be taken with reference to, but not be limited to employment practices and provision of services under any contract with the County of Saratoga.

TITLE VI NONDISCRIMINATION STATEMENT

59. The County of Saratoga, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§2000d to 2000d-4, and Title 49, Code of Federal Regulations Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act) hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertised bid, that disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The entire County of Saratoga Title VI Plan can be viewed by going to the Saratoga County website (www.saratogacountyny.gov). A Vendor Information questionnaire is included with this bid which provides an opportunity to disclose any DBE designation.

FEDERAL GRANT PROVISIONS

60. In addition to other provisions required by the Federal agency or County, all contracts made by the County under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the Simplified Acquisition Threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41

U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the County including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “Federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40

U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement.

If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub- recipient must http://www.saratogacountyny.gov/ comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

(I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3CFR Part 1989 Comp.,

p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(K) See 2 C.F.R.§200.322 Procurement of recovered materials.

61. All questions regarding this bid should be directed to the Saratoga County Department of Central Services at (518) 885-

62. By submitting a bid/signing a proposal, or accepting a purchase order or contract you are indicating that you have read and will abide by these General Conditions.

SPECIFICATION 25-FISH-1

Brook & Rainbow Trout

It is the intent of Saratoga County to purchase Rainbow and Brook Trout for municipalities in the County.

New York State Stocking Permit information is as follows:

Quantities of fish will vary depending on the level of funding and may vary significantly. Stocking dates are approximate and subject to change.

TOWN WATER SECTION NO. SPECIES & SIZE STOCKING DATE

Greenfield Kayaderosseras Creek CR #25 downstream 9.5 miles 500 ST 10-12” 3/25 - 4/10 to Milton town line 380 ST 10-12” 4/10 - 5/12

Saratoga Springs one (1) mile section in Spa State Park 290 ST 10-12” 5/1 - 5/12

Moreau entire 2,500 RT 8-10” 5/1 - 5/12

Charlton

Geyser Brook

Moreau Lake

Alplaus Kill CR #52 upstream to CR #51 300 RT 10-12” 3/25 - 4/10

250 RT 10-12” 3/25 - 4/10

Clifton Park Dwaas Kill Pierce Road / Carlton Road 200 ST 10-12” 5/1 - 5/12

Corinth Heath Creek Palmer Avenue 50 ST 10-12” 5/1 - 5/12

Corinth Reservoir Pond entire 500 ST 10-12” 5/1-6/15

Wilton Scout Pond entire 300 ST 10-12” 3/25 - 4/10

Hadley Paul Creek Hadley Hill Road 150 ST 10-12” 5/1 – 5/12

Edinburg Sand Creek Sand Lake Road, Military Road 300 ST 10-12” 5/1 - 5/12

Various Great Sacandaga Lake various GSL locations 6,400 RT/BT 12-20” 5/1 - 5/12

Hadley Stewart's Bridge Reservoir various locations 500 RT 10-12" 5/1 - 5/12

PROPOSAL

agrees to furnish Fish to Saratoga County as (firm name) called for in specification 25-FISH-1

BID PRICE

NUMBER OF

FISH AVAILABLE

Rainbow Trout 8” - 10” $ /each

10” - 12” $ /each

12” - 14” $ /each for Great Sacandaga Lake:

12” - 20” $ /lb.

Brook Trout 8” - 10” $ /each

10” - 12” $ /each

12” - 20” $ /each

(When per pound is bid, bidders must provide a breakdown of weight of the fish per size)

BID PRICE

NUMBER OF

FISH AVAILABLE

Largemouth Bass 8” - 10” $ /each

10” - 12” $ /each

12” - 14” $ /each

Fathead Minnows $ /1000

Saratoga County will reject any bid that does not have a signed Statement of Required Disclosures, Representations, and Certificates that includes the Non-Collusive Bidding Certificate, a Certificate of Compliance with the Iranian Divestment Act, and a Certificate for the Prevention of Sexual Harassment, and binds the bidder to their proposal (attached).

VENDOR INFORMATION

FOR THE COUNTY OF SARATOGA

Please complete the following information which is necessary in order for Saratoga County to track vendor applicant information and the County’s purchasing process.

Business Name

Address

Business Type (Sole Proprietorship, Corporation, LLC, etc.)

Is your business a Disadvantaged Business Enterprise (DBE)? Yes No

Is your business a Minority and Women-Owned Business Enterprise (MWBE)? Yes No

Does your business have a small business status? Yes No

Any other business status, please provide information:

Provide the name of the Certifying Entity (ties):

Have you conducted business with the County before? Yes No

If the answer to the above question is NO, please provide your Federal ID Number and attach a copy of your W-9

Form. FEIN # :

How did you discover this Bid opportunity?

Do you use the Empire State Municipal Purchasing Group Website (BidNet)? Yes No

If Yes, do you find it useful (explain) or if No, why?

Completing the above information does not change your chances of being awarded a contract. The information collected will NOT be sold and will not be used to contact you.

Thank you.

Vendor Information

STATEMENT OF REQUIRED

DISCLOSURES, REPRESENTATIONS AND CERTIFICATIONS

Note: ALL Sections on the following pages must be completed and this Statement must be SIGNED (see Instructions to Bidders for Electronic Signature Requirement)

Name of the Reporting Entity:

Address:

Remit to Address if different from above:

FID No.:

Name of Individual Completing this form:

Title/Position:

Telephone Number: ( )

Fax Number:

EMAIL address:

EMAIL address (for Purchase Orders to be emailed, this is mandatory):

SIGNATORY FIRST & LAST NAME:

SIGNATORY TITLE:

Disclosure Requirements under New York State Finance Law Sections 139-j and 139-k

1. Background:

In compliance with New York State Finance Law Sections 139-j and 139-k, any individual or entity applying for this procurement must submit certain disclosures concerning its compliance with the state's procurement lobbying rules.

2. Disclosure of Prior Findings of Non-Responsibility:

The Offeror must disclose whether it has been found non-responsible within the last four years by any governmental entity for:

- Engaging in impermissible contacts under Section 139-j of the State Finance Law, or

- Knowingly and willfully providing false or incomplete information in required disclosures.

3. Required Documentation:

The Offeror is required to submit a signed disclosure form, detailing any such findings of non-responsibility, including the nature of the violation and the entity that made the finding.

If the Offeror has not been found non-responsible, it must certify that no such findings have occurred within the past four years.

4. Consequences of Non-Compliance:

Failure to disclose accurate and complete information as required by Sections 139-j and 139-k could result in a determination of non-responsibility, leading to rejection of the proposal or termination of any awarded contract.

INITIAL:_______

Disclosure of Prior Non-Responsibility Determinations Form Pursuant to New York State Finance Law

Sections 139-j and 139-k

Name of Proposer: ____________________________________________

Address: ____________________________________________________

RFP/Contract Title: ___________________________________________

1. Has any governmental entity made a Finding of Non-Responsibility regarding the Proposer in the last four years?

[ ] Yes

[ ] No

2. If yes, please provide the following details for each Finding of Non-Responsibility:

Governmental Entity: __________________________________________

Year of Finding: ______________________________________________

Reason for Finding of Non-Responsibility (e.g., impermissible contacts or provision of false or incomplete information):

3. Was the Finding of Non-Responsibility due to a violation of State Finance Law Section 139-j?

[ ] Yes

[ ] No

4. Was the Finding of Non-Responsibility due to the intentional provision of false or incomplete information?

[ ] Yes

[ ] No

5. If you answered "Yes" to any of the above questions, please provide an explanation of the circumstances and any steps taken to address the situation:

Section A. AFFIDAVIT OF NON-COLLUSION

(This form must be included with bid package and initialed) I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:

1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder.

2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening.

3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid.

5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project.

6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm’s submitting a complementary bid, or agreeing to do so, on this project.

7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm’s bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit.

The person signing this bid, under the penalties of perjury, affirms the truth thereof.

INITIAL:______

Section B. COMPLIANCE WITH IRAN DIVESTMENT ACT

Pursuant to General Municipal Law §103-g, which generally prohibits the County of Saratoga from entering into contracts with persons engaged in investment activities in the energy sector of Iran, the bidder/proposer submits the following certification:

[Please Check One]

BIDDER’S CERTIFICATION

By submission of this bid or proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder/proposer is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.

I am unable to certify that my name and the name of the bidder/proposer does not appear on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law. I have attached a signed statement setting forth in detail why I cannot so certify.

The undersigned, being duly sworn, says (a) I am duly authorized to execute this Certification and (b) I hereby certify, under penalty of perjury, that the forgoing Certification is in all respects true and accurate.

INITIAL:

Section C. COMPLIANCE FOR THE PREVENTION OF SEXUAL

HARASSMENT

Pursuant to State Finance Law §139-l of the State of New York, effective January 1, 2019, where competitive bidding is required for certain public contracts, every bid must contain the following statement affirming that the bidder has implemented a written policy addressing sexual harassment prevention and that the bidder provides annual sexual harassment prevention training, which statement must be signed by the bidder and affirmed by such bidder under the penalty of perjury:

[Please Check One]

BIDDER’S CERTIFICATION

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 labor law.

I am unable to certify that I, or my employer, have implemented a written policy addressing sexual harassment prevention in the workplace. The reason(s) why neither I nor my employer can make such certification is/are:

INITIAL:

Section D. TITLE VI NONDISCRIMINATION STATEMENT The County of Saratoga, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to the advertised bid, that disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The entire County of Saratoga Title VI Plan can be viewed by going to the Saratoga County website (www.saratogacountyny.gov). A Vendor Information questionnaire is included with this bid which provides an opportunity to disclose any DBE designation.

INITIAL:_______

Section E. Freedom of Information Law (FOIL) Notice All proposals and other materials submitted in response to this Request for Proposal (RFP) are subject to disclosure under the New York State Freedom of Information Law (FOIL), Article 6 of the Public Officers Law.

Bidders who believe that specific information in their proposal constitutes trade secrets or is otherwise exempt from disclosure under FOIL must clearly mark such information as "CONFIDENTIAL" on each relevant page. Additionally, bidders must provide a written explanation that identifies the specific FOIL exemption(s) applicable and the reason(s) why the information should not be disclosed.

Please note the following:

1. Saratoga County will review all requests for confidentiality and determine whether the information will be withheld in compliance with FOIL.

2. Marking documents as "CONFIDENTIAL" does not guarantee protection from disclosure. All determinations regarding the applicability of FOIL will be made by Saratoga County.

3. When Saratoga County receives a FOIL request for materials marked as "CONFIDENTIAL," the bidder will be notified, and the bidder will have an opportunity to respond before any determination is made regarding the release of such information.

4. Any portions of the proposal that are not clearly identified as confidential will be available for release in response to a FOIL request.

By submitting a proposal, bidders acknowledge that Saratoga County may be required to disclose records in compliance with FOIL and agree not to hold the Saratoga County liable for any damages arising from such disclosure.

Section F. Choice of Law Notice This Request for Proposal (RFP), any resulting contract, and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. The parties agree that any legal actions or proceedings arising from this RFP or the contract resulting from it shall be brought exclusively in the State of New York.

By submitting a proposal in response to this RFP, the bidder agrees to submit to the jurisdiction of the courts of the State of New York and to waive any claims of forum non conveniens or other objections to venue.

http://www.saratogacountyny.gov/

Section G. Non-Binding Notice This Request for Proposal (RFP) is issued solely for the purpose of obtaining information and proposals for evaluation by Saratoga County.