GROCERY BID DOCUMENT -25-26.pdf

*****NOTICE TO BID VENDORS PLEASE READ THIS PAGE*****

ALL VENDOR RESPONSE FORMS MUST BE SUBMITTED ELECTRONICALLY in EXCEL ONLY VIA CD/Jump Drive, SUPPLIED BY BIDDER, along with printed version. SEE FURTHER INSTRUCTIONS BELOW. (BidNet Direct only has an option for vendor responses to be hard copy or electronic (meaning by e-mail) Erie 1 BOCES will select the hard copy option, because e-mailed or faxed bids are not acceptable).

IF YOU ARE NOT BIDDING AT THIS TIME, THERE IS NO NEED TO SEND NOTICE – ALL BIDS

AND AWARDS ARE POSTED ON-LINE.

PLEASE PUT BID NAME ON THE OUTSIDE ENVELOPE (THIS INCLUDES THE UPS, FEDEX OR

DHL ENVELOPE AS WELL. MANY TIMES WE ARE OPENING MORE THAN ONE BID AT A

TIME!)

ALL DOCUMENTS MUST BE ORIGINAL. FAXED OR E-MAILED COPIES OF ANY PAGES WILL

NOT BE ACCEPTED.

IF BIDDING ON A PACKAGE SIZE OTHER THAN THAT REQUESTED PLEASE LET US KNOW

WHAT YOUR UNIT PRICE REFLECTS.

(EXAMPLE, if we ask for each and you bid 12 per case, let us know if your unit price is per each or per case (sold per case priced each or sold and priced per case).

The Bidder may submit a Bid for any product which is in all material respects equal to any of the Product specified as a substitute therefore. The decision of the Erie 1 BOCES or a Component School District as to whether a substitute product is “in all material respects equal” shall be final. If a Bid is submitted on a substitute product, the Bidder must in each instance specify the trade designation, the manufacturer’s name and detail specifications of such product, or supply a sample. A Bid received which does not specify the foregoing shall be deemed to be submitted with respect to the Product detailed in the Erie 1 BOCES specifications.

DOCUMENTS TO BE RETURNED:

NOTICE TO BIDDERS MUST BE COMPLETE. To supply company name, contact person, address, phone numbers and notes.

CORPORATE RESOLUTION – MUST BE FILLED OUT AND SIGNED

NON-COLLUSIVE BIDDING CERTIFICATION – MUST BE SIGNED

IRAN DIVESTMENT ACT CERTIFICATION – MUST BE SIGNED

SEXUAL HARASSMENT POLICY & TRAINING CERTIFICATION – must be signed and notarized.

EVERY BID MUST HAVE A CURRENT: W-9 form Request for Taxpayer Identification

Number and Certification MUST be completed and included in your sealed bid response.

REFERENCE SHEET- NEW VENDORS ONLY

BID VENDOR RESPONSE FILE ELECTRONIC EXCEL FILE (via CD/3.5 Floppy/Jump Drive) (ATTACHED AS VENDOR RESPONSE) AND A PRINTED VERSION (use PDF file or modify print settings on the excel file).

ALL BID REQUESTS AND BID AWARDS ARE POSTED ONLINE AT:

https://www.bidnetdirect.com/newyork

BID REQUESTS AND AWARD NOTICES WILL NOT BE MAILED. IF YOU HAVE TROUBLE WITH THE

BIDNET WEBSITE, PLEASE CONTACT BIDNET AT 1-800-835-4603.

Instructions for the Submission of Electronic Bid Forms

1. Erie 1 BOCES uses electronic bid sheets as part of the Cooperative Bid process.

2. Bid vendor response forms shall be completed electronically in Excel (using the attached file) and submitted on a CD/Jump Drive (supplied by bidder) along with signed hard copies of all the required bid documents and a printed version of the bid form in a sealed envelope marked with the name of the bidder and the bid title on the front of the envelope. Bid packets and forms must be submitted by the date and time specified. E-mailed or faxed responses are not acceptable.

4. Bidder must insert the price per unit as specified.

5. An example bid sheet is attached. Please refer to this sample sheet when filling out the bid forms.

6. Please do not use the Alternate or Notes area of the bid form to submit bid information.

These areas are hidden and are for BOCES use only.

https://www.bidnetdirect.com/newyork

Bidding as Specified

7. If the bidder is bidding as specified (including manufacturer, color and package size) the bidder should fill in only the Unit Cost and the Vendor Catalog Number fields.

Unit Cost

Vendor Catalog Number

N12.4 C35

Bidding other than as specified or adding a note

9. If the vendor is offering a product in which the manufacturer’s packaging size is not the same as the packaging requested in the bid specifications, the bidder is required to fill in all substitute fields. COPY & PASTE the bid description over to the substitute column, and then make changes to the description where needed. The bidder must also adjust the number of packages needed of their product to equal the actual total individual units requested in the specifications. Failure to provide substitute packaging may result in the rejection of the bid item. The bid software will not recognize the vendor substitute offer if the unit of measure (UM), cost & quantity information are not provided and will not evaluate the bidders pricing for that item. All quantities must be in whole numbers.

Cannot bid 0.20 cases. Round up to 1.00 case.

Vendor Catalog

Number Substitute Desc Subs UM Subs Unit

Cost Subs Qty

C35 M C4 N12.4 N11.2

10. If the vendor is offering a substitute item with the same packaging as the items specified, the bidder is required to fill in all substitute fields. COPY & PASTE the bid description over to the substitute column, and then make changes to the description where needed. The bid software will not recognize the vendor substitute offer if the unit of measure (UM), cost & quantity information are not provided and will not evaluate the bidders pricing for that item. Failure to provide packaging information with a substituted item may result in the rejection of the bid item. All quantities must be in whole numbers. Cannot bid

0.20 cases. Round up to 1.00 case.

Vendor Catalog Number Substitute Desc Subs UM

Subs Unit Cost

Subs Qty

C35 M C4 N12.4 N11.2

11. The bidder shall not change or provide the bid sheets in a different format than the one provided. Any change in the electronic format will prevent the CD/Floppy/Jump Drive from being read by the bid evaluation software and therefore may result in the rejection of the bidders’ submittal.

Helpful Hints

Complete the EXCEL File as your bid response.

You can only enter information in the YELLOW FILLED Columns. Modifying the white columns will prevent your file from importing correctly.

When bidding a substitute or adding in any notes about an item, COPY & PASTE the bid description over to the substitute column, and then make changes or add notes to the description where needed.

All quantities must be in whole numbers, cannot bid 0.20 cases. Round up to 1.00 case.

It would be helpful to save a copy of the file into your computer so you can use the file to your benefit. Example would be to add a column for the extended prices.

Leave the items you are not bidding on blank, do not delete them from the file and do not mark them with ‘N/A’.

You may modify column widths, but you may not delete any columns or rows.

We do require the electronic file via Excel, on CD/Floppy/Jump Drive AND a printed version. The printed version can be from the separately attached PDF File or by modifying print settings on the excel file and printing that file.

The vendors main focus for submitting a bid response should be on the electronic excel file, then the printed version.

Unit of Measure should be Alpha only, limit of 4 characters.

When bidding a substitute, please

NOTICE the quantity and unit cost columns are flip flopped in the substitute area. Both columns must be filled in when bidding a substitute. Enter catalog number, copy bid description and make changes to reflect your bid, enter the unit of measure, the unit cost, and then the quantity. All quantities must be in whole numbers. Cannot bid 0.20 cases.

Round up to 1.00 case.

NOTICE TO BIDDERS

The Erie 1 Board of Cooperative Educational Services (“Erie 1 BOCES”), First Supervisory District, County of Erie, State of New York, hereby invites the submission of sealed bids for:

GROCERY 2025-26

Sealed bids will be received by the Erie 1 BOCES Purchasing Department no later than:

Date: APRIL 24, 2025 Location: Erie 1 BOCES (Bldg. C) 355 Harlem Rd.

Time: 11:00 a.m. West Seneca, NY 14224

All bids will be publicly opened. The completed bid including all required documentation must be submitted in a sealed envelope and labeled “C26-GROCERY”. Please forward your bid to the attention of the Erie 1 BOCES Purchasing Department at the address listed above. Faxed and/or electronically transmitted bid submittals will not be accepted.

COMPANY NAME: ____________________________

CONTACT PERSON: ____________________________

ORDER ADDRESS: ____________________________

TELEPHONE & extension: ____________________________

FAX: ____________________________

E-MAIL ____________________________

ADDITIONAL VENDOR NOTES HERE (i.e. VENDOR BID NUMBER, MINIMUM ORDER, etc.):

ERIE 1 BOCES

APPENDIX 1

CORPORATE RESOLUTION OF

Name of Corporation

RESOLVED, that it is desirable and in the best interest of this Corporation that it determine and submit a bid to contract with Erie 1 BOCES; that

Name and title of individual

Hereby is authorized to perform on behalf of this Corporation any and all such acts as he or she may deem necessary or advisable in order to obtain said Contract, and in connection therewith to execute all requisite papers and documents, including but not limited to applications, reports, surety bonds, irrevocable consents and appointments of attorneys; and the execution by such officers of any such paper or document or the doing by them of any act in connection with the foregoing matters shall conclusively establish their authority therefore from this Corporation and the approval and ratification by this Corporation of the papers and documents so executed and the action so taken.

CERTIFICATE

The undersigned hereby certifies that he/she is the Secretary of , a corporation organized and existing under the laws of the State of that the foregoing is a true and correct copy of a Resolution duly adopted at a meeting of the Board of Directors of said corporation held on the day of , 20 , at which a meeting quorum was at all times present and acting, and that passage of said Resolution is in full force and effect.

Dated this day of , 20 .

Secretary of Corporation

ERIE 1 BOCES

MUST BE COMPLETE AT TIME OF BID OPENING

NON-COLLUSIVE BIDDING CERTIFICATION

By submission of this bid, the bidder hereby certifies the following:

a) this bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor;

b) this bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor;

c) no attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal;

d) the person signing this bid or proposal certifies that they have fully informed themselves regarding the accuracy of the statements contained in this certification and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf.

(Bidder)

(Title)

(Person signing on behalf of bidder)

(Dated)

IRAN DIVESTMENT ACT CERTIFICATION

MUST BE SIGNED AT TIME OF BID OPENING

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.

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 once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor is advised that once the list is posted on the OGS website, any Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the Contract is renewed, extended or assigned that it is not included on the prohibited entities list.

During the term of the Contract, should the New York State Education Department (AGENCY) receive information that a person is in violation of the above-referenced certification, AGENCY will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then AGENCY shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

AGENCY reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

Signature:

Print Name:

Title:

Company Name:

Date: :

SEXUAL HARASSMENT WRITTEN POLICY & TRAINING CERTIFICATION

THIS FORM MUST BE SIGNED AND NOTARIZED

I, _______________________________________, being duly sworn, deposes and says that I am (Name of Individual Signing this Certification) the ___________________________ of the _________________________________________ (Title/Position of Signer) (Company Name) and that by submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-g of the

New York State Labor Law.

Signature

Sworn to before me this

_______ day of __________________, 20______

Notary Public

DEBARMENT & SUSPENSION CERTIFICATION STATEMENT

United States Department of Agriculture (USDA)

* THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID *

A school district food authority is prohibited from contracting with a company or individual that has been debarred or suspended in accordance with 7 CFR Part 3017. This prohibition does not extend to contracts in existence at the time of the debarment/suspension or to most contracts under $25,000. Rather, it applies to new contracts and extensions or renewals or existing contracts of $25,000 or more and to contracts for audit services, regardless of amount.

I ______________________________________________________, representing (print vendor authorized representative)

_______________________________________________, do hereby certify that (name of vendor bidding) neither the "Named Vendor Bidding" nor any of its principals (e.g., key employees) have been proposed for debarment, debarred, or suspended by a Federal agency. It is the responsibility of each bidder to sign and submit this certification statement.

(signature of named representative) (date)

ACKNOWLEDGEMENT

By submission of this bid proposal, the bidder further certifies that:

a) No member of the Board of Cooperative Educational Services, nor any officer or employee or person whose salary is payable in whole or in part from the treasuries of said Board of Education is directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of the profits thereof.

b) No officer or employee of the Agency, New York State Department of Education or any other governmental agency shall hold or receive any share or interest in this contract or derive any personal benefit arising there from.

c) Said Bidder has carefully examined the Instructions to Bidders, Schedules, Special

Conditions, and Specifications prepared under the direction of the Board of Education, and will, if successful in this bid, furnish and deliver at the prices bid and within the time stated, all the materials, supplies, apparatus, goods, wares, merchandise, services or labor which this bid is made.

d) Bid awards are subject to the GENERAL CONDITIONS included herewith in this Bid.

e) Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”.

f) Unsigned bids or documents will be subject to rejection.

INTRODUCTION

Erie 1 BOCES serves approximately 80,000 students in 19 component school districts surrounding the city of Buffalo, NY. Erie 1 BOCES also serves non-component school districts and certain non-public schools also located within the surrounding Buffalo, NY area. These school districts are hereby authorized to participate in any bid award with the approval of their respective Boards of Education and as sanctioned by Erie 1 BOCES. This bid will also be effective for the three Erie 1 BOCES Career & Technical Centers with locations in West Seneca, Cheektowaga, and Tonawanda NY.

INSTRUCTIONS

1. The Non-Collusive Bidding Certification located on page 6 of this document must be signed and included with your bid submittal.

2. Sign the attached Debarment & Suspension Certification statement and include with your bid submittal.

3. CONTRACT TERM: Prices shall be effective for all orders placed between JULY 1, 2025 –

JUNE 30, 2026 AS LONG AS THE PURCHASE ORDER DATE IS WITHIN THIS TIMEFRAME.

PRODUCT MUST BE MADE AVAILABLE TO ACCOMMODATE SUMMER SCHOOL

CLASSES BEGINNING JULY 1, 2025. Vendors MUST SPECIFY a minimum order level (if applicable), however, it should be understood that any minimum order requirements will be a factor in the evaluation process of bids and in the awarding of contracts.

PLEASE EXPLAIN TERMS FOR ORDERS NOT MEETING THE REQUIRED MINIMUM ORDER.

IF NO MINIMUM ORDER LEVEL IS SPECIFIED, WE WILL ASSUME THERE IS NONE.

4. AWARDED BID PRICING: The awarded bid pricing shall be fixed and net delivered to include Shipping & Handling charges during the contract term. There will be no charges added to the invoices of any kind i.e. fuel surcharges, special deliveries, your supplier price increases, etc.

5. BID RESPONSE FORM: Separate file - use this document/file to submit your bid.

6. Each BOCES/School District will arrange all ordering and shipping instructions with the successful bidder (“Seller”). Delivery dates and locations shall be mutually agreed by each BOCES/School District and the successful bidder. If needed, the Seller must provide a fork lift truck and driver to load the pallets onto the school district trucks at a pre-determined drop-off site.

7. Orders shall be placed in advance of the scheduled delivery day and at the designated delivery points as mutually agreed upon by each participating school district and the Seller. Delivery is expected for all orders from this bid to the Agency delivery points including shipments to individual schools within the school district.

8. Seller must give advanced notice to the agency prior to impending deliveries and also give advanced notice to the school district if a shipment will be delayed.

9. The seller shall not deliver products in advance unless specifically authorized by the school district.

10. In the event the Agency is unable to effect a cancellation of a delivery, a good-faith effort will be made by the school district to accept and store the delivered goods if personnel and adequate storage spaces are available.

11. If the school district is unable to accept and store the delivery, the seller shall be notified and alternate arrangements made that are mutually agreeable to both parties.

12. Deliveries must be accompanied by an itemized, unit and extended priced delivery ticket for each delivery location as instructed by each school district.

13. All deliveries must be signed and dated by an authorized representative of the school district.

14. Vendors must disclose any family or any other personal relationships with district administrators or board members.

15. All orders are subject to budget approval.

16. Award notices will be posted on-line at https://www.bidnetdirect.com/new-york.

Award notices will not be mailed.

17. All supplies bid must meet the OTC (Ozone Transport Commission) Regulations. You may view the regulations at http://www.dec.ny.gov/regs/2492.html Part 235:

Consumer Products - Subpart 235-3: Standards.

18. All supplies/equipment bid must contain instructions for use written in English.

19. All bids for gloves of any kind require samples. Awards will be based on samples.

20. The Food and Drug Administration requires that any food product which carries the whole-grain health claim must by regulation contain 51% or more whole-grain ingredients by weight per reference amount.

21. Bid items specified as “Whole Wheat” or grain, requires that the product be composed of a minimum of 51% or better of the primary grain as listed by weight in the ingredient statement.

http://www.dec.ny.gov/regs/2492.html

22. Bid items listed in the “NY State Processed Items” sub-category must be a NYS Food Product: a food item that is grown, harvested, or produced in NYS; or a food item processed inside or outside NYS comprising over 51% agricultural raw materials grown, harvested or produced in NYS, by weight or volume. “Producing” means the producing of food grown upon and/or harvested from the farm or waters through agricultural, horticultural, aquacultural, or dairying processes. “Processing” means any alteration of a food product from its raw or original state to enhance its value or render it suitable for consumption. Examples of processing include, but are not limited to, butchering of meat or poultry, and cooking, pasteurizing, and/or packaging food products.

23. DELIVERY: The school districts need to know the normal lead time from date of order to the delivery date. There are no central warehouses. Delivery shall be to each of the school district delivery points including shipments to individual schools within the school district and the Erie 1 BOCES Educational Centers. These delivery points should be used as the basis for determining bidder’s F.O.B. destination perimeter and must be clearly and specifically stated in your bid.

a. Bidder must give advanced notice to the agency prior to impending deliveries. Bidder must also give advanced notice to the agency if a shipment will be delayed.

b. All deliveries shall be for the specific day ordered or as instructed by the agency. If no specific day is indicated, then delivery must be within seven (7) calendar days from the date of the issuance of the order from the district.

c. Deliveries shall be made to inside facilities at locations mutually agreed upon by each Agency and the seller.

d. If a supplier is out of stock on a product, then the Agency Food Service Manager must be notified by the seller of the stock-out within 48 hours after placing the order.

e. In the event of a non-scheduled closing by an Agency, every effort will be made to cancel a delivery before the seller’s delivery run begins.

f. In the event the Agency is unable to effect a cancellation of a delivery, a good-faith effort will be made by the Agency to accept and store the delivered goods if personnel and adequate storage spaces are available.

g. If the Agency is unable to accept and store the delivery, the seller shall be notified and alternate arrangements made that are mutually agreeable to both parties.

h. Deliveries must be accompanied by an itemized, unit and extended priced delivery ticket for each delivery location as instructed by each Agency.

i. All deliveries must be signed and dated by an authorized representative of the Agency.

j. Deliveries made to locations and, at times not specified by each Agency or not signed as specified, shall be considered “non-delivered” and not subject to payment by the Agency.

k. Delivery of product is expected to be in the company’s DOT registered commercial vehicles and NOT in personal vehicles that do not meet Federal and NYS Health Codes.

l. The awarded Bidder shall be liable for monetary losses incurred by any

Agency as a result of the Bidder’s failure to meet the stipulated delivery schedule attached to and made a part of this bid, i.e. losses resulting from the need to purchase locally on the open market bid items that the Bidder failed to deliver, incorrectly substituted products or products delivered in an unusable condition.

24. STORAGE OF PRODUCT: The school districts normally do not purchase product in pallets. The Bidder shall provide at each delivery location, suitable storage racks and dollies at no expense to the Agency. Storage racks and dollies supplied by the Bidder shall be properly constructed to prevent spillage of contents and shall meet all the requirements of local health codes as they relate to food storage equipment.

a) Storage shall be of the type that facilitates production in the sense that products can be easily accessed.

b) The Bidder shall be responsible for removing all delivery containers and storage racks immediately after each delivery.

c) The Agency is not obligated to pay deposits on or be responsible for the loss or damage of delivery containers. It is the responsibility of the seller to remove all empty delivery/storage containers as directed by each Agency.

d) The seller shall provide suitable storage equipment meeting local health codes at each delivery location and at no expense to the Agency.

24. SELLER MANIFEST: The seller shall provide as directed by each Agency a monthly statement reporting the specific units delivered, the unit price and dollar extension for each delivery location.

25. BUY AMERICAN PROVISION: Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of of 1998 (Public Law 105-336) added a provision, Section 12(n) to the NSLA (42 USC 1706(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or products. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produces in the United States and a food products that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed 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 SFAs must comply with when purchasing commercial food products served in the school meals program.

THIS BID IS SCHEDULED TO BE AWARDED AT THE

JUNE 11, 2025 BOARD OF EDUCATION MEETING,

AWARD NOTICES WILL BE POSTED ONLINE (WWW.BIDNETDIRECT.COM)

FOLLOWING THE MEETING.

Questions regarding this bid should be addressed to:

Tim Kehoe, Purchasing Manager Telephone: (716) 821-7426 Email: tkehoe@e1b.org http://www.bidnetdirect.com/ mailto:tkehoe@e1b.org

PARTICIPANTS – GROCERY

* This SCHOOL DISTRICT DIRECTORY may not represent a complete list of bid participants at the time of bid opening. Other school districts not listed here and are authorized by their Boards of Education to participate in this cooperative bid are likewise authorized by Erie 1 BOCES to utilize this bid for their purchasing requirements.

Akron Central School Kenmore - Tonawanda Kathleen Rybarczyk Kim A. Roll 716-542-5027 716-874-8400 x 20331 krybarczyk@akronk12.org kroll@ktufsd.org

Alden Central Lancaster CSD Reanna Lizauckas Arlene Denver 716-937-9116 716-686-3245 rlizauckas@aldenschools.org adenver@lancasterschools.org Allegany Limestone CSD LeRoy Central School Rhonda Herbert Melissa Saunders 716-375-6600 x 2188 585-768-5509 rherbert@alcsny.org msaunders@leroycsd.org

Amherst Central Newfane CSD Tracey Ogilvie JoAnne Huntington 716-362-3025 716-778-6561 togilvie@amherstschools.org jhuntington@newfanecentralschools.org

Attica Central Niagara Falls City School District Kris A. Wicks Kevin Edwards 585-591-0400 X1195 716-286-4241 kwicks@atticacsd.org Kedwards@nfschools.net

Barker Central School Niagara Wheatfield Julie Fuerch Domenic Barile, Jr.

795-3347 716-215-3144 jfuerch@barkercsd.net dbarile@nwcsd.org

Bolivar-Richburg CSD Orleans Niagara BOCES John Mesler Kelly Joslyn 585-928-2902 716-731-6800 x 2212 jmesler@bolivarrichburg.org kjoslyn@onboces.org mailto:krybarczyk@akronk12.org mailto:kroll@ktufsd.org mailto:rlizauckas@aldenschools.org mailto:adenver@lancasterschools.org mailto:rherbert@alcsny.org mailto:msaunders@leroycsd.org mailto:togilvie@amherstschools.org mailto:jhuntington@newfanecentralschools.org mailto:kwicks@atticacsd.org mailto:Kedwards@nfschools.net mailto:jfuerch@barkercsd.net mailto:dbarile@nwcsd.org mailto:jmesler@bolivarrichburg.org mailto:kjoslyn@onboces.org

Cheektowaga-Sloan UFSD Scio Central Schools Erin Greene Cindy Winchell 891-6416 585-593-5510 x 1500 egreene@csufsd.org cwinchell@sciocsd.org

Clarence Schools Springville-Griffith Institute CSD TBD Laura Watson 716-407-9095 716-592-3274 TBD lwatson@springvillegi.org

Cleveland Hill UFSD Sweet Home Central Jason Whipple Kristi Sajdak; Ariel Carlino 716-836-7200 ext. 8340 716-250-1446 jwhipple@clevehill.org ksajdak@sweethomeschools.org acarlino@sweethomeschools.org

Depew UFSD Wellsville Central School Joseph Metty Bob Meyers 716-686-5009 585-596-2111 jmetty@depewschools.org bmeyers@wlsv.org

Falk School West Seneca Central Joanna Robertson Carolyn Whalen 716-882-0090 716-677-3810 jrobertson@falkschool.com cwhalen@wscschools.org

Frontier CSD Williamsville CSD Anne Rich Ruth Conner, Cheryl Kirschner Phone: 716-926-1813 716-626-8875 arich2@frontiercsd.org ckirschner@williamsvillek12.org

Genesee Valley Central School Wilson CSD Kelli Zenoski Sue Bell Phone: 585-268-7916 716-751-9341 x 139 kzenoski@genvalley.org sbell@wilsoncsd.org

Gowanda Central school WNY Maritime Charter School Nichole Genovese Dean Metzger 716-532-3325 ext 5131 716-842-6289 ext. 3315 msgenovese@gcslearn.org d_metzger@wnymcs.com

Grand Island CSD Yorkshire-Pioneer CSD Patrick Smith Heidi Miles 716-773-8885 716-492-9347 patricksmith@gicsd.org hmiles@pioneerschools.org

Hamburg Central

ON BOCES

Kimberly Abram Melanie Conley 716-646-3250 x 5005 716-731-6800 x 2210 kabram@hcsdk12.org mconley@onboces.org mailto:egreene@csufsd.org mailto:cwinchell@sciocsd.org mailto:lwatson@springvillegi.org mailto:jwhipple@clevehill.org mailto:ksajdak@sweethomeschools.org mailto:acarlino@sweethomeschools.org mailto:jmetty@depewschools.org mailto:bmeyers@wlsv.org mailto:jrobertson@falkschool.com mailto:cwhalen@wscschools.org mailto:arich2@frontiercsd.org mailto:ckirschner@williamsvillek12.org mailto:kzenoski@genvalley.org mailto:sbell@wilsoncsd.org mailto:msgenovese@gcslearn.org mailto:d_metzger@wnymcs.com mailto:patricksmith@gicsd.org mailto:hmiles@pioneerschools.org mailto:kabram@hcsdk12.org mailto:mconley@onboces.org

Holland Schools Erie 2 BOCES Jessica Shields JoAnn Barron 716-537-8216 716-672-3297 jshields@hollandcsd.org jbarron@e2ccb.org

Jamestown Public Schools Jeffrey Smith 716-483-4398 jeffrey.r.smith@jpsny.org kristen.r.fransen@jpsny.org joseph.r.walker@jpsny.org mailto:jshields@hollandcsd.org mailto:jbarron@e2ccb.org mailto:jeffrey.r.smith@jpsny.org mailto:kristen.r.fransen@jpsny.org mailto:joseph.r.walker@jpsny.org

TO BE COMPLETED BY ALL VENDORS

TO BE COMPLETED BY VENDORS NEW TO ERIE 1 BOCES

ERIE 1 BOARD OF COOPERATIVE EDUCATIONAL SERVICES

EDUCATIONAL CAMPUS

355 HARLEM ROAD

WEST SENECA, NY 14224

Erie 1 BOCES is an equal opportunity employer

GENERAL CONDITIONS

All invitations to bid issued by Erie 1 BOCES will bind bidders and awarded bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by Erie 1 BOCES. NO EXCEPTIONS.

DEFINITIONS

“Erie 1 BOCES” the legal designation of Erie 1 Board of Cooperative Educational Services.

“Board” the Board of Education of Erie 1 BOCES

“Notice to Bidders” a formal statement which, when issued by Erie 1 BOCES, constitutes a solicitation for bids on the services described by the Specifications.

“Bid” an offer to furnish service, which may/may not include materials, supplies, and/or equipment in accordance with the Notice to Bidders, the General Conditions, and the specifications.

“Bid Offer” the form on which the bidder submits his/her bid.

“Bidder” any individual, company, or corporation submitting a bid.

“Contract” a notice to the successful Bidder by the issuance of a Purchase Order; also all documents relating to the transaction, including but not limited to: the Offer of the Awarded Bidder, Notice to Bidders, Request for Bids, Request for Proposals, General Information, General Conditions, Detailed Instructions, Specifications, and Notice Of Award; also a formal document signed by the Awarded Bidder and the Erie 1 BOCES representative.

“Contractor” any Vendor to whom a Contract is made by the Board of Education.

“Awarded Bidder” any bidder to whom an award is made by Erie 1 BOCES.

“Awarded Vendor” any Vendor to whom an Award is made by Erie 1 BOCES.

“Specification” description of public work, service, materials, supplies, and/or equipment and the conditions for its purchase.

BIDS

1. The date and time of bid opening will be indicated in the NOTICE TO BIDDERS document.

2. All bids must be submitted on bid offer forms and in accordance with instructions provided by the Board.

3. Any changes in bid pricing or specifications will not be accepted after the bid opening. If any changes to a submitted bid are requested, then it is the bidder’s sole responsibility to request in writing to Erie 1 BOCES that the aforementioned bid be withdrawn and returned to said bidder at bidder’s expense. This must be done within a reasonable time PRIOR to the bid opening so as to minimize any disruptions. As such, it shall also be the responsibility of the bidder to resubmit a revised bid if so chosen. However, this revised bid must be received in a sealed envelope by the bid opening date as instructed in the Notice to Bidders.

4. All bids received after the time stated in the Notice to Bidders may not be considered and will be returned to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of Erie 1 BOCES. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

5. All information required by Notice 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.

6. The Non-Collusive Bidding Certification must be included with each bid proposal as required by General Municipal Law, section 103-d.

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

8. No alteration, erasure, or addition is to be made in the typewritten or printed matter.

Deviations from the specifications must be set forth in space provided in bid for this purpose.

9. Prices and information required, except signature of bidder, should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

10. The quantities for each Proposal are indefinite, but estimates given in the Specifications reflect anticipated requirements. The Contract, however, shall be for the quantities actually ordered during the contract period. The Contractor must furnish all the quantities actually ordered.

11. Sales to Erie 1 BOCES are not affected by any fair trade agreements. (General Business Law, Ch.39, Sec 369-a, Sub. 3, L. 1941)

12. No charge will be allowed for federal, state, or municipal sales and excise taxes since Erie 1 BOCES is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax. Exemption certificates, if required, will be furnished on forms provided by the bidder. Payment of any tax not covered under said exemption must be mutually agreed upon by both parties.

13. In all specifications, the words “OR EQUAL” are understood after each article giving manufacturer’s name, catalog reference, or on any patented article. The decision of Erie 1 BOCES as to whether an alternate or substitution is in fact “equal” shall be final.

14. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer’s name, and detailed specification of such item.

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

15. Bids must be on new (not used or remanufactured) material, supplies, and equipment, of latest model, and in current production, unless otherwise specified.

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

17. When proposals are requested on a lump sum basis, the Vendor must complete each item in the lump sum group. A Vendor desiring to submit a “no charge” on an item in a group must so indicate; otherwise the entire Proposal for the group may be rejected. Where a bidder is requested to submit a bid on individual items and on a total sum or sums, the right is reserved to award bids on individual items or on total sums or on a combination of both when in the public interest.

18. All prices quoted must be in the unit of measure (UOM) specified; e.g., do not quote “per each” when “per case” is requested; otherwise, bid may be rejected.

19. Bidder must insert the price per UOM and the extensions against each item in his 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.

20. Prices shall be net including transportation and delivery charges fully prepaid by the awarded bidder to destination indicated in the proposal. If award is made on any other basis, transportation charges must be prepaid by the awarded bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.

21. Under penalty of perjury, the bidder certifies that:

a. The bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids, and

b. The contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid.

22. All bids must be sealed. They may be submitted either in plain, opaque, envelopes, or in those furnished by Erie 1 BOCES.

a. Bid envelopes must be clearly marked “Bid”. The date/time of the bid opening as indicated on the Notice to Bidders must also appear on envelope.

b. Bids must not be attached to or enclosed in packages containing bid samples.

c. Email, fax, or telephoned quotations or amendments will not be accepted at any time.

23. 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 Erie 1 BOCES, not later than five (5) days prior to the date fixed for the opening of bids.

24. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by Erie 1 BOCES in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.

25. If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specifications so state, then the awarded bidder may be required to execute an agreement in relation to the performance of his contract. Such agreement to be executed by the bidder within 15 days after notification to execute such contract.

a. If the specifications so state, the awarded bidder also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract.

b. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed. The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the attorney for Erie 1 BOCES.

c. The performance bond shall be executed by the awarded bidder at the time of the execution of the contract by the awarded bidder and the Board.

BID AWARDS

26. Bid awards will be made to the lowest responsible and responsive bidder or on the basis of Best Value as defined by Erie 1 BOCES that will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

27. Erie 1 BOCES reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part; to waive technical defects; qualifications; irregularities;

and omissions if in its judgment the best interests of Erie 1 BOCES will be served. Also reserved is the right to reject bids and to purchase items on State contract if such items can be obtained on the same terms, conditions, specifications, and at a lower price.

28. Erie 1 BOCES reserves the right to reject any and all bid proposals not deemed in the Public’s best interest. Erie 1 BOCES also reserves the right to reject as informal such bid proposals, as in Erie 1 BOCES opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind including unbalanced bid proposals. By an unbalanced bid proposal, it is meant one in which the amount submitted for one or more separate items is substantially out of line with current market prices for the services, materials and/or work covered thereby.

29. If two or more Vendors submit identical bid proposals as to price, the decision of the Board to award a Contract to one of such identical Vendors shall be final (General Municipal Law, sec. 103, sub. 1).

30. Erie 1 BOCES 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 distinctly states in his bid that acceptance thereof must be made with in a shorter specified time.

31. Erie 1 BOCES reserves the option to award bids on a line-by-line basis (individual items), or on defined sub-groups (or a combination of both), or on a grand total sum.

32. Vendors should ensure accuracy in figures prior to submission. If a Vendor discovers a mistake in an item in their bid proposal award and wants that item award rescinded after it has been Awarded, Erie 1 BOCES reserves the right to rescind the entire award and the Vendor’s participation in future Erie 1 BOCES bids may be rescinded.

33. Erie 1 BOCES reserves the right to allow all political subdivisions, municipalities, county, school districts, other BOCES, and not-for-profit organizations all authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104.

However, it is understood that any said political subdivision choosing to utilize the contract will be wholly responsible for any debts incurred by them as participants of the contract. It is also understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between Erie 1 BOCES and the vendor.

CONTRACT

34. Each bid will be received with the understanding that the acceptance thereof in writing by

Erie 1 BOCES, approved by the Board, to furnish any or all of the items described therein shall constitute a contract between the awarded bidder and Erie 1 BOCES. Contract shall bind the awarded bidder on his part to furnish and deliver at the awarded prices and in accordance with the conditions of his bid. Awarded bid prices shall be firm for the contracted period.

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

36. Any and all Awards resulting from this bid proposal shall be final and shall be for the complete term of the Contract. No rescinding of Awards will be made because of Vendor error or inability to supply a service.

37. The Awarded Vendor is responsible for reviewing the Notice of Award or Purchase Order for errors. Any clerical errors in the Award must be forwarded, in writing, to the Office of the Assistant Superintendent for Business within five (5) working days of the Notification of Award. No corrections will be made beyond that date. If clerical errors are discovered too late to be corrected, a “no award” will be issued on those affected services. The services may be re-bid at a later date.

38. If the awarded bidder fails to deliver within the time specified or within reasonable time as interpreted by Erie 1 BOCES, or fails to make replacement of rejected articles, when so requested, immediately or as directed by Erie 1 BOCES, Erie 1 BOCES may purchase from other sources at awarded bidder’s expense to replace the item rejected or not delivered.

39. Erie 1 BOCES reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases, the awarded bidder agrees to reimburse Erie 1 BOCES promptly for excess costs occasioned by such purchases.

Should the cost be less, the awarded bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.

40. A contract may be canceled by Erie 1 BOCES at the awarded bidder’s expense upon non-performance of contract.

41. If the awarded bidder fails to deliver as ordered, Erie 1 BOCES reserves the right to cancel the contract and purchase the balance from other sources at the awarded bidder’s expense.

42. Cancellation of contract for any reason may result in removal of the awarded bidder’s name for future proposals for an indeterminate period.

43. When materials, equipment, or supplies are rejected, they must be removed by the awarded bidder from the premises of Erie 1 BOCES within five (5) days of notification.

Rejected items left longer than five (5) days will be regarded as abandoned, and Erie 1 BOCES shall have the right to dispose of them as its own property.

44. No items are to be shipped or delivered until receipt of an official order from Erie 1 BOCES.

45. It is mutually understood and agreed that the awarded 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 Erie 1 BOCES.

46. Contractor hereby acknowledges receipt, at the time of execution of this contract, of an exact copy hereof completely filled in.

GUARANTEES BY THE AWARDED BIDDER

47. The awarded bidder guarantees:

a. Their products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

b. To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other awarded bidders.

c. To maintain adequate insurance coverage to protect Erie 1 BOCES from loss in case of accident fire, theft, etc.

d. That all deliveries will be equal to the accepted bid sample.

e. 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.

f. 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 awarded bidder agrees to replace the unit or the part affected without cost to Erie 1 BOCES.

g. Any merchandise provided under the contract which is or becomes defective during the guarantee period shall be replaced by the awarded 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 bidder shall make any such replacement immediately upon receiving notice from Erie 1 BOCES.

SAMPLES

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

49. Erie 1 BOCES reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments are made.