RCO-26-012.pdf

REQUEST FOR COMPETITIVE OFFERS

for

WATER SAMPLING AND TESTING SERVICES

RCO #26-012

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES

900 WATERVLIET SHAKER ROAD

ALBANY, NY 12205

ATTN: LORI CATUCCI, PURCHASING AGENT

900 WATERVLIET-SHAKER ROAD

TELEPHONE: 518-862-4924/ FAX: 518-862-4949

Email: lori.catucci@neric.org

RECEIPT CONFIRMATION FORM

RE: Request for Competitive Offers #26-012 Water Sampling and Testing Services

PLEASE COMPLETE AND RETURN THIS CONFIRMATION FORM

AS SOON AS POSSIBLE:

IF YOU PLAN TO RESPOND TO THIS SOLICITATION, RETURN OF THIS FORM

WILL ENSURE THAT YOU WILL RECEIVE ALL FURTHER COMMUNICATION

REGARDING THIS RCO.

Company Name:_________________________________________________________________

Address:_______________________________________________________________________

City: _______________________________________State:_____________ Zip Code: ________

Contact Person: _________________________________________________________________

Title: _________________________________________________________________________

Phone Number: _____________ Fax Number: _________________

E-Mail Address: _________________________________________

I authorize the Capital Region BOCES to send further correspondence that the BOCES deems to be of an urgent nature by the following method:

Email: ________________________________

Other: ________________________________

900 WATERVLIET SHAKER ROAD

Fax: (518) 862-4949

NON-RESPONSE QUESTIONNAIRE

RCO #26-012 – Water Sampling & Testing Services

Capital Region BOCES is interested in the reasons why vendors choose not to respond to our solicitations. Please indicate your reason(s) by checking all appropriate item(s) below and returning this form to the above address.

Could not meet specifications or Scope of Services.

Items or materials requested not manufactured by us or not available to our company.

Insurance requirements are too restricting.

Specifications or Scope of Services not clearly understood or applicable (too vague, too rigid, etc.).

Project not suited to firm.

Quantities too small.

Insufficient time allowed for preparation of proposal.

Other reasons; please state and define:

Vendor Name:

Contact Person:

Vendor Address:

Vendor Telephone:

NOTICE TO OFFERORS

REQUEST FOR COMPETITIVE OFFERS #26-012

The Board of Cooperative Educational Services (BOCES), Sole Supervisory District of Albany, Schoharie, Schenectady, Saratoga Counties, in accordance with Section 103, 104b and 119-0 of the General Municipal Law, hereby invites the submission of sealed offers for RCO-26-012 for Water Sampling and Testing Services. Offers shall be received by Thursday, November 20, 2025 at 2:00 P.M. local time at the Capital Region BOCES Purchasing Office, 900 Watervliet Shaker Road, Albany, NY 12205.

RCO documents may be downloaded from https://www.bidnetdirect.com/new-york or may be obtained by contacting the Capital Region BOCES Purchasing Agent directly at lori.catucci@neric.org or telephone (518) 862-4924.

Lori Catucci Purchasing Agent

Publish One Day- The Daily Gazette – October 30, 2025 https://www.bidnetdirect.com/new-york mailto:lori.catucci@neric.org

900 WATERVLIET SHAKER ROAD

Request for Competitive Offers (RCO) #26-012

BID DISTRIBUTION- IMPORTANT NOTICE

The Board of Cooperative Education Services of Albany-Schoharie-Schenectady Saratoga Counties, hereinafter referred to as “Capital Region BOCES”, or “BOCES”, officially distributes bidding documents through the Capital Region BOCES Purchasing Department Office or through BidNet Direct’s Empire State Purchasing Group website at https://www.bidnetdirect.com/new-york. Copies of bidding documents obtained from any other source are not considered official documents. Only those vendors who obtain bidding documents from either the Capital Region BOCES Purchasing Division, or BidNet Direct’s Empire State Purchasing Group website, are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Capital Region BOCES Purchasing Department or BidNet Direct’s Empire State Purchasing Group website, it is strongly recommended that you obtain an official copy.

SECTION 1: INTRODUCTION AND PURPOSE

1.1 About the BOCES

The Board of Cooperative Educational Services (BOCES) was created in New York State by legislation, in 1948. Today, there are thirty-seven BOCES in the State. Each has its own governing board, elected by members of the Boards of Education of the component districts. The primary purpose of the BOCES is to provide services to two or more member districts more effectively and economically than one district could provide alone.

BOCES is an educational agency of the State, and must, therefore, adhere to all laws and regulations of the State of New York, which govern the public schools in the State, as well as regulations controlling the BOCES. BOCES receives most of its revenue from component districts for the services BOCES provides. In return, the member districts receive BOCES aid based on their relative wealth and use of the services.

The Board of Cooperative Educational Services of Albany-Schoharie-Schenectady- Saratoga Counties, or Capital Region BOCES, as it is commonly known, was created in 1953, and today serves twenty-three (23) component districts, plus one non-component, Albany City School District, located within the four-county area.

The Occupational Health and Safety Service Among the programs administered by BOCES’ Management Services Division is the Occupational Health and Safety service. This program serves 40 districts across Albany, Schoharie, Schenectady, Saratoga, Washington, Warren, Hamilton and Essex Counties.

The program provides training, consultation services, technical assistance and leadership to schools on a wide variety of topics concerning workplace and school related safety and environmental issues, including water quality.

1.2 Purpose of the Solicitation

On behalf of the Occupational Health and Safety service, Capital Region BOCES is seeking competitive offers from qualified firms for the provision of Water Sampling and Testing for drinking water in public schools. These services are required to satisfy the current and future water sampling and testing requirements, and ensure school districts’ and BOCES’ compliance with New York State regulations as administered by the NYS Education Department and the NYS Department of Health.

This Request for Competitive Offers is a cooperative venture among Capital Region BOCES and the participant school districts as listed in Attachment “1”. Any pricing and services offered to the BOCES under the auspices of this solicitation shall be extended to all of the identified participants at the same pricing and terms.

SECTION 2: SCHEDULE

2.1 The anticipated schedule of key events with regard to this RCO is as follows:

RCO Issued October 30, 2025 Request for Content Clarification Deadline November 13, 2025 Offer Submission Deadline November 20, 2025 Anticipated Board of Education Award January 2026 Anticipated Contract Term February 1, 2026 – December 31, 2027

Optional Renewal Terms January 1, 2028 – December 31, 2028 January 1, 2029 – December 31, 2029

2.2 BOCES reserves the right to revise these dates.

SECTION 3: SUBMISSION OF OFFERS

3.1 Offers and other required documents must be submitted, sealed in an opaque envelope, plainly marked with the name and number of the RCO and the name and address of the Respondent. Submissions must be received no later than 2:00 P.M. local time on Thursday, November 20, 2025, at the following address:

Capital Region BOCES ATTN: Lori Catucci, Purchasing Agent 900 Watervliet Shaker Road Albany, NY 12205

3.2 Unexpected Closures Due to Weather, Emergencies

In the event that the Capital Region BOCES Purchasing office is closed on the scheduled day and/or time of the offer submission deadline, the offer submission deadline shall be automatically rescheduled for the same time, on the next day that Capital Region BOCES Purchasing office is open.

SECTION 4: GENERAL CONDITIONS

4.1 Those submitting offers do so entirely at their expense. There is no express or implied obligation by BOCES to reimburse any firm or individual for any costs incurred in preparing or submitting a response to this RCO.

4.2 Submission of any offer indicates acceptance of the conditions contained in this RCO, unless clearly and specifically noted otherwise in the response.

4.3 BOCES reserves the right to reject any and all offers, in whole or in part, submitted in response to its RCO.

4.4 BOCES reserves the right to waive any and all informalities and to disregard all non-conforming, non-responsive or conditional offers.

4.5 BOCES may, at any time by written notification to all vendors who are on record as having obtained a copy of this RCO, change any portion of the RCO described and detailed herein.

4.6 Offers received in response to this RCO will be examined and evaluated by BOCES on a best value basis.

4.7 By submitting an offer in response to this RCO, the vendor acknowledges and agrees to the terms and conditions set forth in this RCO and the Sample Vendor Agreement (attached as Exhibit “B-1”). Should the Vendor object to any terms of this RCO and/or the Sample Vendor Agreement, or wish to propose alternative terms, such objections or alternative terms must be clearly stated and included in the offer submission. Failure to object to or propose alternative terms in the offer submission shall be deemed as acceptance of all terms and conditions of this RCO and the Sample Vendor Agreement.

4.8 Offers submitted shall remain valid for a minimum of 90 days

4.9 Conditional offers will not be accepted.

SECTION 5: TERM OF AWARD

5.1 The award made pursuant to this RCO shall be in effect for the period February 1, 2026 through December 31, 2027.

5.2 At the end of the initial award term, upon mutual agreement of the BOCES and the awardee, the award may be renewed for two additional one-year terms.

5.3 Prices shall remain firm for the initial contract term. Only upon renewal, the Contractor may request a reasonable price adjustment, which is subject to approval and acceptance by the BOCES.

SECTION 6: QUALIFICATION OF RESPONDENT

6.1 Respondents must meet the following minimum requirements to be considered for an award under this RCO:

a. Respondent must have successfully provided product(s)/ service(s) of similar type and specifications to that to be provided to BOCES.

b. Respondent must be able to comply with the delivery schedule.

c. Respondent must be otherwise qualified and eligible to receive an award.

6.2 Capital Region BOCES may make such investigations it deems necessary to determine the ability of the Respondent to perform the work. The Respondent shall furnish to the BOCES, within five (5) days of a request, all such information and data for this purpose as may be requested. The BOCES reserves the right to reject any offer if the information submitted by, or investigation of, a Respondent fails to satisfy the BOCES that such Respondent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

6.3 Respondent must include at least three (3) customer references from recent sales of the same or similar products/ services offered in response to this RCO.

6.4 All Respondents must document five (5) or more years in the business of water sampling and testing services.

SECTION 7: EQUIVALENT GOODS

7.1 Manufacturers’ brand names, if listed in specifications, are provided to indicate minimum requirements and offers may be submitted for brands specified, or equivalent.

Specifications shall be furnished by the Respondent to support product equivalency. In the event of any claim by any unsuccessful Respondent concerning or relating to the issue of “equal or better” or “or equal”, the successful Respondent agrees, at his own cost and expense, to defend such claim or claims and agrees to hold the BOCES free and harmless from any and all claims for loss or damage arising out of this transaction for any reasons.

SECTION 8: SPECIFICATION CLARIFICATION

8.1 All inquiries with respect to this RCO must be directed to the Capital Region BOCES Purchasing Agent as follows:

Lori Catucci 900 Watervliet Shaker Road Albany, NY 12205 Telephone: (518) 862-4924 Facsimile: (518) 862-4949 Email: lori.catucci@neric.org

All questions about the meaning or intent of the specifications must be submitted to the designated person in writing.

8.2 Any interpretation, corrections and changes to this RCO and requirements, or extensions to the submittal date, will be made in writing by Addenda. Sole issuing authority of Addenda shall be vested in the Capital Region BOCES Purchasing Office, as entrusted by the Board.

Addenda will be made available on the BidNet Direct Empire State Purchasing Group website for public viewing. It shall be the Respondent’s responsibility to check the New York’s Empire State Purchasing Group website for all addenda. Respondents shall acknowledge the acceptance all addenda in Exhibit A-7 of this document.

8.3 Any addenda so issued are to be considered a part of this RCO document. The BOCES will be bound only by responses given by formal written Addenda.

SECTION 9: DISQUALIFICATION OF RESPONDENT AND REJECTION OF OFFER

9.1 Any one or more of the following, among others, may be considered sufficient for the disqualification of a Respondent and the rejection of an offer:

a. Evidence of collusion among Respondents.

b. Failure to satisfy the submittal requirements of the RCO.

c. Lack of responsibility as shown by past work, reference, or other factors.

d. Default or termination of other contracts or agreements.

e. Illegible or vague offers.

f. Other causes as deemed appropriate at the Board’s sole and absolute discretion.

9.2 Late Submissions

All offers received after the time stated in the “Notice to Offerors,” or the offer submission deadline as modified by formal addendum consistent with Section 8 of this Request for Competitive Offers, will not be considered and will be returned to the Respondent. The Respondent assumes the risk of any delay in the mail or in the handling of the mail by mailto:lori.catucci@neric.org employees of the BOCES. Whether sent by mail or by means of personal delivery, the Respondent assumes responsibility for having his offer submission deposited on time at the place specified. The date/time stamp in the Purchasing Office shall be utilized in all cases to determine the official time of receipt.

9.3 Damaged/ Illegible Submissions

The BOCES is not responsible for any offer or portion of a submittal that has been damaged or destroyed while in transit to the BOCES. Respondents should take the necessary precautions to ensure that their submittal is received intact. Illegible documents will be rejected.

9.4 Irregular Submissions

Offers received will be considered irregular and shall be subject to rejection for the following reasons:

(a) If the offer is on a form other than that furnished by Capital Region BOCES, or, if the

BOCES form is altered, or, if any part of the response documents is detached.

(b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the submission incomplete, indefinite, or otherwise ambiguous.

9.5 No oral, electronic or faxed offers will be considered.

SECTION 10: MODIFICATION AND WITHDRAWAL OF OFFERS

10.1 Offers cannot be altered or amended after submittal deadline. Any interlineation, alteration or erasure made before opening time must be initialed by the authorized signer of the offer, guaranteeing authenticity.

10.2 Offers may be modified or withdrawn at any time prior to the opening of offers by an appropriate document duly executed (in the manner that an offer submission must be executed) and delivered to the place where offers are to be submitted.

10.3 An offer may not be withdrawn or canceled by the Respondent without justifiable cause following the date designated for the due date of offers, and Respondent so agrees upon submittal of their offer.

10.4 If, prior to awarding of the RCO or within three days after opening, whichever period is shorter, any Respondent files a duly signed written notice with the BOCES and promptly thereafter demonstrates to the reasonable satisfaction of the BOCES that there was a material and substantial mistake in the preparation of its offer, that Respondent may withdraw its offer in its entirety without penalty.

SECTION 11: SUBMITTAL REQUIREMENTS

11.1 The Respondent is required to submit Exhibits A, A-1 through A-9 plus any corresponding attachments in the sequence shown below. In order to aid the evaluation process, the Respondent’s submission should be in the following order and format:

1. Acknowledgement Form

2. Non-Collusion Affidavit

3. Iran Divestment Act of 2012 Certification

4. Bidder’s Statement on Sexual Harassment

5. Insurance Certification

6. Respondent’s Form of Contract

7. Addenda Acknowledgement

8. Experience and References

9. Service and Pricing Proposal

11.2 A Respondent’s failure to provide all required documents with the offer submittal may result in rejection of the offer submitted.

11.3 All information regarding brand, vendor catalog (stock #) and pricing, as well as substitute product information, must be included on the offer proposal form.

11.4 Signatures:

Offers must be signed in ink (preferably blue) by an authorized officer of the company.

SECTION 12: OFFER EVALUATION AND AWARD

12.1 Offers shall remain valid until the award of a contract by the Board of Education, or until as otherwise rejected by Capital Region BOCES.

12.2 The final selection will be made to the responsible and responsive bidder offering the best value, as determined by the BOCES, based on evaluation of the following factors:

Evaluation Criteria Weight

Cost Factors:

Proposed cost for testing (laboratory analysis) 20%

Proposed cost for sampling services 25%

Non Cost Factors:

Vendor’s qualifications and experience in water sampling and testing, including number of trained staff available to perform services

15%

Prior Service History with BOCES Occupational Health and Safety Service and/ or Reference Checks 15%

Overall quality of service proposal including but not limited to:

• Guaranteed Turnaround Time for Test Results

• Guaranteed Response Time for Service Request

• Options for pickup of samples at district location

• Option for district dropoff of samples at vendor location 25%

100%

12.3 The BOCES reserves the right to purchase items pursuant to General Municipal Law 103 from New York State contracts, other government contracts, or New York State Preferred Sources within its discretion.

SECTION 13: CONFIDENTIAL INFORMATION

13.1 The New York State Freedom of Information Law (FOIL), as set forth in Public Officers Law, Article 6, mandates public access to certain government records. Generally, offers submitted in response to this RCO may constitute government records subject to FOIL.

Offers may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position. To protect this information from disclosure under FOIL, respondents should specifically identify the pages of the submission that contain such information by properly marking the top of the applicable pages as “CONFIDENTIAL” and inserting the following statement in the front of its submission:

The information or data on pages _________ of this bid, identified on the top thereof as “CONFIDENTIAL,” contain financial, technical or other information which constitute trade secrets which, if publicly disclosed, would result in substantial injury to our competitive position. We request that BOCES use such information only for the evaluation of this bid, but we understand that the BOCES must comply with the provisions of the New York State Freedom of Information Law (FOIL) and that public disclosure of the information contained in this bid whether or not marked as “CONFIDENTIAL,” and to make no claim for any damages as a result of any such disclosure by the BOCES pursuant to FOIL.

13.2 In the event the BOCES receives a FOIL request for disclosure of information marked as “CONFIDENTIAL,” the respondent shall be notified of the request and may expeditiously submit a detailed statement and explanation indicating the reasons the respondent has for believing that the information requested is exempt from disclosure under the law. This detailed statement and explanation shall be used by the BOCES in making its determination as to whether disclosure is required under the law.

SECTION 14: INSURANCE REQUIREMENTS

14.1 The successful Respondent will be required to procure and maintain at its own expense, the following insurance coverage:

(a) Worker's Compensation and Employer’s Liability Insurance: A policy or policies providing protection for Employees in the event of job-related injuries.

(b) Automobile Liability Insurance: A policy or policies of insurance with the limits of not less than $1,000,000 combined for each accident because of bodily injury sickness or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance or use of any automobile for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any owned, hired or leased automobile.

(c) Commercial General Liability Insurance: A policy or policies providing commercial liability coverage including products/completed operations, and personal and advertising injury with limits of not less than:

Liability For: Limits

Property Damage $1,000,000 each Occurrence / $2,000,000 Aggregate Bodily Injury $1,000,000 each Occurrence / $2,000,000 Aggregate Personal Injury $1,000,000 each Occurrence / $2,000,000 Aggregate Products/ Completed Operations $1,000,000 each Occurrence / $2,000,000 Aggregate.

14.2 Capital Region BOCES shall be named as an additional insured on all liability policies.

RCO number must appear on insurance certificate.

14.3 The policy shall not be changed or canceled until the expiration of thirty (30) days after written notice to the BOCES. It shall be automatically renewed upon expiration and continued in force unless BOCES is given at least thirty (30) days written notice to the contrary.

14.4 No work shall be commenced under the contract until the successful Respondent has delivered to the BOCES Purchasing Agent, or her designee, proof of issuance of all policies of insurance required. If at any time, any of said policies shall expire or become unsatisfactory to the BOCES, the successful Respondent shall promptly obtain a new policy and submit proof of insurance of the same to the BOCES for approval. Upon failure of the successful Respondent to furnish, deliver and maintain such insurance as above provided, the contract may, at the election of the BOCES, be forthwith declared suspended, discontinued or terminated.

Failure of the successful respondent to procure and maintain any required insurance, shall not relieve the successful respondent from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful respondent concerning indemnification.

SECTION 15: GENERAL TERMS AND CONDITIONS

15.1 Award Notification

The BOCES shall generate an award letter to the successful Respondent. The successful Respondent shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the BOCES. Respondent shall not ship or deliver any item until receipt of a valid purchase order from the BOCES.

15.2 Contract/Agreement

The successful Respondent‘s offer submittal, when accepted by the BOCES either by formal letter of acceptance or agreement, shall legally constitute acceptance and therefore, be subject to all the terms and conditions of the RCO documents. Any and all ambiguities in RCO documents, awards, contracts or related documents, including tariffs, shall be construed in favor of BOCES.

15.4 Contract Administrator

The BOCES will designate a contract administrator with responsibility to ensure compliance with all the contractual term and conditions, including, but not limited to, the inspection and acceptance of the product(s) provided. The contract administrator will serve as liaison between the BOCES and the successful respondent.

15.5 All prices shall include freight and shall be quoted F.O.B. Destination, inside delivery. No additional charges such as fuel surcharges and hazardous material charges will be paid.

15.6 Prior to payment, items furnished, or work performed will be inspected by the Purchasing Agent or her designee to determine their conformity to specification. No payment will be made for items not meeting specification.

15.7 Orders placed pursuant to this award shall not be subject to minimum order requirements or small order surcharges.

15.8 No state or federal tariffs shall apply unless a copy of such tariff or tariffs is attached to the offer at the time of submission.

15.9 Payments

a. The BOCES and participant districts will make payment only after receipt and acceptance of goods and services b.Vendor invoices shall show the purchase order number and shall be mailed to the BOCES/ district address as indicated on the Purchase Order.

c. The vendor’s invoice shall state any prompt payment discounts available.

d.BOCES and participant districts shall not pay any additional freight, minimum order charges, fuel or other surcharge or delivery charges.

e. Payments of any claim shall not preclude BOCES from making claim for adjustment of any item found not to have been in accordance with specifications. Payments shall be made by BOCES with all rights reserved.

f. Payments for the used portion of an inferior delivery will be made by the BOCES on an adjusted price basis.

g.BOCES and bid participants will furnish all required contact information for delivery, contract administration and accounts payable as required by the bidder. Neither BOCES nor bid participants will complete vendor credit applications or sign to vendor credit terms and conditions or provide personal guarantee of payment.

SECTION 16: CONFLICT OF INTEREST

16.1 No public official from the State of New York, County of Albany, Schoharie, Schenectady or Saratoga or any local governmental unit located within the above counties shall have interest in the Agreement.

SECTION 17: VENUE

17.1 This RCO will be governed and construed according to the laws of the State of New York.

By submission of an offer all Respondents agree that the Supreme Court, State of New York, County of Albany, the United States District Court, Northern District of New York shall be the venue for any actions brought under this RCO.

SECTION 18: ADVERTISING

18.1 The successful Respondent shall not advertise or publish, without the BOCES prior written approval, the fact that the BOCES has entered into a contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

SECTION 19: INTERFERENCE

19.1 There shall be no interference with BOCES operations in the performance or delivery of the product(s) ordered.

SECTION 20: TERMINATION RIGHTS BY THE BOCES

20.1 The BOCES reserves the right to terminate the contract upon ten (10) days’ written notice in the event the successful Respondent fails to meet delivery or completion schedules, or otherwise perform in accordance with these specifications.

SECTION 23: REPRESENTATIONS

21.1 No information derived from inspection of BOCES records or reports of investigation concerning the agreement will in any way relieve the successful Respondent from its responsibility or from properly performing its obligations under the contract. The BOCES may have provided information as a convenience to the Respondent and did so without any warranty whatsoever by BOCES. The successful Respondent is responsible for making its own conclusions and interpretations from the data supplied by BOCES and from information available from other sources.

SECTION 22: CUMULATIVE RIGHTS

22.1 The rights and remedies provided by this agreement are cumulative and the use of one right or remedy by a party shall not preclude or waive the right to use any or all of the remedies.

SECTION 23: INDEMNIFICATION

23.1 To the fullest extent permitted by law, the Contractor agrees to hold harmless, indemnify and defend the Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational Services, all its employees/representatives, and all participating school districts, from and against all claims, damages, losses and expenses (including, without limitations, legal expenses on a solicitor and client basis) arising out of, or in consequence of, any and all acts, omissions, or negligence of the Contractor. Further, the Contractor agrees to hold harmless, indemnify and defend the BOCES, all its employees/representatives, and all participating school districts from and against all suits, actions and proceedings by whomsoever made, brought, or prosecuted, and in any manner based upon, arising out of, related to, occasioned by, or attributable to the infringement or contribution to the infringement of any intellectual or industrial property right, by the articles, methods, processes, or act employed by, or plans, drawings, specifications or other written data provided by the Contractor or its employees in concert with providing services.

SECTION 24: DEFAULT

24.1 If the successful Respondent is in default, the BOCES may, in its discretion, do all things necessary to affect compliance with the laws, regulation, by-laws, directives, rules and conventions referred to herein, and the successful Respondent shall, on demand by the BOCES, reimburse the BOCES for all costs incurred by the BOCES for that purpose.

SECTION 25: Not Used

SECTION 26: REMEDIES

26.1 The Respondent and the BOCES agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

SECTION 27: ETHICS

27.1 Respondents shall not accept or offer gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the BOCES. Any contact between a Respondent and BOCES employees, board members, other than with the Purchasing Office, shall be grounds for disqualification.

SECTION 28: COMPLIANCE

28.1 All product(s) must comply with all federal, state, county and local laws concerning this type of product(s) and the fulfillment of all ADA (American with Disabilities Act) requirements.

SECTION 29: DRUG FREE/ SMOKE FREE

29.1 BOCES maintains a drug and smoke free workplace. Use, possession or being under the influence of drugs and/or alcohol, as well as the use of any tobacco product to include electronic or vapor cigarettes while in performance of this agreement is strictly prohibited.

SECTION 30: NON-DISCRIMINATION REQUIREMENTS

30.1 The Capital Region BOCES does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs, activities, employment, and admissions; and provides equal access to the Boy Scouts and other designated youth groups.

The following person has been designated to handle inquiries regarding the non-discrimination policies: Nicole Yamin, compliance officer/coordinator, at nicole.yamin@neric.org (518) 862-4910 or 900 Watervliet-Shaker Road, Albany, NY 12205. Inquiries concerning the application of the Capital Region BOCES non-discrimination policies may also be referred to the U.S. Department of Education, Office for Civil Rights (OCR), 32 Old Slip, 26th Floor, New York, NY 10005, telephone (646) 428-3800 (voice) or (800) 877-8339 (TTY).

The awarded vendor is required to conform to BOCES’ Non-discrimination policy.

mailto:nicole.yamin@neric.org

SECTION 31: EXECUTORY CLAUSE

31.1 This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the BOCES beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal obligation to request, appropriate, or make available, monies for the purpose of the contract.

SECTION 32: PRICE REDETERMINATION

32.1 A price redetermination may be considered by the BOCES only at anniversary date and upon extension of the contract for an additional term as specified in the RCO documents and shall be substantiated in writing (i.e., Manufacturer’s direct costs, postage rates, Federal /State minimum wage law; Federal/State unemployment taxes; F.I.C.A; Insurance Coverage Rates; etc.). The current Consumer Price Index for all Urban Consumer (CPI- U), and/or the applicable Producer Price Index (PPI), as published by the Bureau of Labor Statistics for the U.S. Department of Labor, New York State average may be used as a basis for evaluation of reasonableness of any price redetermination request.

These statistics will be referenced for negotiable purposes only; therefore, a Respondent is not to interpret that 100% of the index rate will be applied. All requests for price redetermination with written substantiation must be submitted to the BOCES at the time of notification of extension. BOCES reserves the right to accept or reject part or all of the price redetermination request, as it deems to be in the best interest of the BOCES.

SECTION 33: EXTENSION OF CONTRACTS TO ALL POLITICAL SUBDIVISIONS

AND AUTHORIZED DISTRICTS LOCATED IN THE STATE OF NEW

YORK

33.1 It is the intent of this Request for Competitive Offers that all political subdivisions and districts located in the State of New York, be entitled to make purchases of services from the resulting award.

33.2 No officer, board or agency of a county, town, village, or school district shall make any purchase through the BOCES when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through the BOCES.

33.3 All purchases shall be subject to audit by the other political subdivisions for which the purchase was made.

33.4 All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment directly to the Contractor.

33.5 Upon request, participating entities must furnish the Contractor with the proper tax exemption certificates or documentation of tax-exempt status.

33.6 The sole responsibility in regard to performance of the contract, or any obligation, covenant, condition or term thereunder by the successful Respondent and the participating entities will be borne and is expressly assumed by the successful Respondent and the participating entities and not by Capital Region BOCES. In the event of a failure or breach in performance of any such contract by a participating entity or the successful Proposer, Capital Region BOCES 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 centralized contract.

Request for Competitive Offers #26-012

Detailed Specifications and Scope of Services

I. Background

Pursuant to the release of guidance from the United States Environmental Protection Agency (EPA), Governor Andrew Cuomo signed legislation (A.10740/S.8158) in September 2016, requiring all school districts and BOCES in New York State are required to test potable water systems for lead contamination and to take responsive actions. The initial monitoring was required to be completed by October 2016. Schools collected first-draw samples again in 2020- 2021.

Revisions to Public Health Law (PHL) §1110, which governs school potable water testing and standards, went into effect December 22, 2022 that required changes to Subpart 67-4 including but not limited to

• The revised action level of lead in drinking water is 5 parts per billion (ppb), reduced from 15 ppb.

• Compliance testing will occur on a triennial (every 3 years) schedule, or at an earlier time as determined by the State Commissioner of Health.

There is no change in sampling requirements. Schools must complete initial first-draw sampling for the 2026-2029 compliance period between January 1, 2026 and December 31, 2029. Schools must remain in the three-year cycling period. This means that the three-year cycle should remain three years after the samples were taken during the 2023-2025 compliance period. In addition, schools must collect first-draw samples as needed for new water outlets or when water outlets above the action level have been remediated (follow-up testing).

Through this RCO, Capital Region BOCES seeks to establish an agreement with a qualified vendor to:

• Provide on-site water sampling services

• Provide all necessary supplies for collection, labeling and shipping of samples to an approved laboratory for analysis

• Provide for lead in drinking water analysis to be performed by an environmental laboratory certified by the New York State Department of Health Environmental Laboratory Approval Program (ELAP)

II. Water Sampling Services

A. The successful vendor will provide qualified, trained staff to perform on-site water sampling services upon request of the participant school districts identified in Attachment “1”.

B. Water sampling services shall be rendered in accordance with 10 NYCRR Subpart 67- 4 and the United States Environmental Protection Agency (EPA)’s 3T’s Technical Guidance manual:

https://www.epa.gov/sites/production/files/2018- 09/documents/module_4_understanding_the_sampling_procedures_508.pdf.

C. The Respondent shall submit an hourly rate for sampling services. The hourly rate shall cover all costs associated with the collection of water samples, including chain of custody paperwork, travel and mileage. Billable hours will commence upon contractor’s arrival and sign in at district premises and shall conclude upon sign-out.

D. Districts may elect to do water sampling in-house, utilizing their own staff.

III. Testing

A. The vendor will provide all required supplies and resources to coordinate the testing of all collected samples, as follows:

• Provide for lead in drinking water analysis to be performed by an environmental laboratory certified by the New York State Department of Health Environmental Laboratory Approval Program (ELAP) (Note: A listing of approved laboratories can be found at: http://www.wadsworth.org/regulatory/elap/certified-labs);

• Provide additional testing of samples for copper, upon district request;

• The successful Respondent shall furnish, at no additional charge, all supplies, including, but not limited to: chain of custody forms; sample collection bottles;

labels for sampling bottles; prepaid shipping labels to testing laboratory.

B. Scheduling

• Upon being contacted by a district to request services, vendor must respond to the district within 7 days of request.

• Upon receipt of a request for sampling supplies from a district who elects to do its own sampling, vendor must deliver all needed supplies to the district within 10 business days.

• Vendor’s failure to keep scheduled testing appointments or to deliver testing supplies within the prescribed timeframe will be documented. Repeated instances may be considered breach of contract and may jeopardize the continuation of the agreement and future eligibility for awards.

https://www.epa.gov/sites/production/files/2018-09/documents/module_4_understanding_the_sampling_procedures_508.pdf https://www.epa.gov/sites/production/files/2018-09/documents/module_4_understanding_the_sampling_procedures_508.pdf http://www.wadsworth.org/regulatory/elap/certified-labs

C. Transportation of Samples Vendor must ensure that chain of custody of samples is maintained at all times.

Vendor shall transfer all samples picked-up at district directly to the testing laboratory facility that will be performing the analysis using acceptable chain of custody procedures. Vendor is responsible for the proper storage of samples during transport.

Vendor and its subcontractors, if any, are responsible for the proper storage of samples during analysis and shall maintain an internal chain of custody for all samples received for testing.

For districts drawing samples in house, vendor must provide chain of custody forms;

sample collection bottles; labels for sampling bottles; and prepaid shipping labels to the testing laboratory. The cost of shipping samples to the testing lab shall be included in the testing fee.

Vendor may offer pickup for samples taken by a district. In such cases, vendor must guarantee pickup within five (5) days of notification by district that samples are ready.

Vendor must provide a minimum of one pickup per district building. Districts with multiple buildings will not be required to consolidate samples at one pickup location.

The cost of vendor pickup shall be included in the testing fee.

The vendor may provide the district with the option to drop off samples at a designated lab or location. However, sample delivery or drop-off shall not be mandatory; it is solely at the district’s discretion. Vendor may offer a discount or credit for district dropoff.

D. The Respondent shall submit a firm, fixed price per sample for ELAP-certified laboratory analysis for lead in drinking water. Pricing shall be net to BOCES or participating school district and shall be inclusive of all laboratory testing and reporting, sample collection supplies, transportation fees, and all other related incidental costs and fees. BOCES and the participating school districts shall not be billed for any additional costs relative to performance of the services and tests set forth in this RCO.

E. Test results shall be available within 10 business days of delivery of the sample to the laboratory.

IV. Responsibility

The vendor accepts the responsibility for all samples surrendered to its care. In the event that any collected sample(s) are disturbed, destroyed and/or deemed unusable while in its custody, the vendor agrees to accept responsibility and swiftly coordinate a re-sampling date with the district at no additional charge.

V. Best Value - Basis for Award

This is a best value solicitation, and award will be made to the vendor offering the best value, as determined by the BOCES’ evaluation of cost and non-cost factors, on a weighted rating scale, as defined in Section 12 of this Request for Competitive Offers. Point Values will be assigned on a scale of 1 to 5, with 1 being the worst and 5 being the best.

Capital Region BOCES RCO #26-012: Water Sampling and Testing Services Attachment #1

School District Main Address No. of Buildings Total Outlets to be Sampled Testing

Timeframe Vendor to pull samples* Albany City SD 1 Academy Park, Albany, NY 12207 20 944 Aug. 2028 Y Berne-Knox-Westerlo CSD 1738 Helderberg Trail, Berne, NY 12023 2 180 Oct. 2028 N Bethlehem CSD 65 Elm Avenue, Delmar, NY 12054 7 249 Jul. 2028 Y Burnt Hills - Ballston Lake CSD 88 Lakehill Road, Burnt Hills, NY 12027 5 185 Nov. 2028 Y Cambridge CSD 24 South Park St., Cambridge, NY 12816 2 200 Oct. 2028 N Capital Region BOCES 900 Watervliet Shaker Road, Albany, NY 12205 5 145 Nov. 2026 Y Cobleskill-Richmondville CSD 155 Washington Ave., Cobleskill, NY 12043 4 280 Jul. 2028 N Cohoes City SD 21 Paige Ave., Cohoes, NY 12047 6 204 Apr. 2028 Y Corinth CSD 105 Oak Street, Corinth, NY 12822 2 113 Sept. 2027 Y Duanesburg CSD 163 School Dr., Delanson, NY 12053 2 33 Apr. 2026 N Fort Ann CSD 1 Catherine St., Fort Ann, NY 12827 1 56 Oct. 2028 Y Glens Falls Common 120 Lawrence Street, Glens Falls, NY 12801 2 27 Nov. 2026 Y Green Island UFSD 171 Hudson Ave., Green Island, NY 12183 1 22 Jul. 2028 Y Guilderland CSD 8 School Road, Guilderland Center, NY 12085 7 410 Jun. 2027 Y Hadley-Luzerne CSD 27 Hyland Drive, Lake Luzerne, NY 12846 2 75 Oct. 2028 Y Hudson Falls CSD 80 E. LaBarge St., Hudson Falls, NY 10 250 Nov. 2027 N Indian Lake CSD 6354 NYS Route 30, Indian Lake, NY 12842 1 20 Jun. 2027 Y Mechanicville CSD 25 Kniskern Ave., Mechanicville, NY 12118 3 135 Jul. 2027 Y Middleburgh CSD 291 Main St., Middleburgh, NY 12122 2 89 Oct. 2027 Y Minerva CSD 1466 County Route 29, Olmstedville, NY 12857 1 15 Nov. 2026 N Mohonasen CSD 2072 Curry Road, Schenectady, NY 12303 5 263 Nov. 2026 Y Niskayuna CSD 1430 Balltown Road, Niskayuna, NY 12309 8 373 Jun. 2027 Y Saratoga Springs City SD 3 Blue Streak Blvd., Saratoga Springs, NY 12866 8 270 Oct. 2028 N Schalmont CSD 4 Sabre Drive, Schenectady, NY 12306 3 143 Jan. 2028 Y Schenectady City SD (1 of 2) 530 Liberty St., Schenectady, NY 12305 5 317 Apr. 2026 N Schenectady City SD (2 of 2) 530 Liberty St., Schenectady, NY 12305 13 375 Apr. 2028 N Schuylerville CSD 14 Spring Street, Schuylerville, NY 12871 3 134 May 2028 Y Scotia-Glenville CSD 900 Preddice Parkway, Scotia, NY 12302 6 184 Oct. 2028 Y Sharon Springs CSD 514 St. Highway Route 20 Sharon Springs, NY 13459 2 100 Mar. 2028 Y South Glens Falls CSD 42 Merritt Rd., Suite 1, South Glens Falls, NY 12803 8 208 Nov. 2028 N Voorheesville CSD 432 New Salem Road, Voorheesville, NY 12186 3 61 Feb. 2028 Y Watervliet City SD 2557 10th Ave., Watervliet, NY 12189 2 104 May 2028 Y

*Indication that vendor is to pull samples is tentative and not binding on districts

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CAPITAL REGION BOCES

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES

900 WATERVLIET SHAKER ROAD, SUITE 102

COST PROPOSAL FORM

PROPOSAL IDENTIFICATION:

Title: Water Sampling and Testing Services RCO Number: 26-012

THIS PROPOSAL IS SUBMITTED TO:

Lori Catucci, Purchasing Agent

900 Watervliet-Shaker Road Albany, NY 12205

1. The undersigned Respondent proposes and agrees, if this Proposal is accepted, to accept a

Purchase Order for the goods described in the Product and Pricing Proposal and deliver said goods within the time and at the price indicated and, if required, to enter into a Contract with the BOCES in substantial conformance with this Request for Competitive Offers.

2. Respondent accepts all of the terms and conditions of the Request for Competitive Offers. This

Proposal may remain open for ninety (90) days after the day of offer opening. Respondent will sign the Contract and submit any other documents required by the Contract Documents within fifteen days after the date of BOCES’ Notice of Award.

3. In submitting this Proposal, Respondent represents that:

(a) Respondent has examined copies of all the RCO documents and addenda

(b) This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

Respondent has not directly or indirectly induced or solicited any other party to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or a corporation to refrain from submitting an offer: and Respondent has not sought by collusion to obtain for himself any advantage over any other party.

CP2

6. The following Exhibits are attached to and made a condition of this Proposal:

A-1 Acknowledgment Form A-2 Non-Collusion Affidavit A-3 Iran Divestment Act of 2012 Certification A-4 Bidder’s Statement on Sexual Harassment A-5 Insurance Certification A-6 Respondent’s Form of Contract A-7 Addenda Acknowledgement A-8 Experience and References A-9 Service and Pricing Proposal

7. BOCES shall direct future communication concerning this Proposal to:

Phone: _________________________________________________________

Email: _________________________________________________________

8. If your firm holds a New York State certification in any of the following designations, please indicate so below :

Minority Business Enterprise (MBE)

Women’s Business Enterprise (WBE)

Small Disadvantaged Veteran-Owned Business (SDVOB)

CP3

CAPITAL REGION BOCES

COST PROPOSAL FORM

PROPOSAL IDENTIFICATION:

Title: Water Sampling and Testing Services RCO Number: 26-012

COMPANY:

ADDRESS:

CITY, STATE, ZIP:

TEL. NO.:

FAX NO.:

FEDERAL TAX ID NO.:

REPRESENTATIVE:

E-MAIL: ____________________________________

SIGNATURE AND TITLE

DATE

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EXHIBIT A-1 ACKNOWLEDGMENT FORM

The Respondent acknowledges that he/she has carefully read the Request for Competitive Offers and all other documents comprising the solicitation, and understands the specifications requested.

The Respondent also acknowledges that should this proposal be accepted by the BOCES, such action shall constitute a legally binding agreement and therefore, be subject to all the terms and conditions of the RCO.

Proposer further acknowledges that he/she will contract with the BOCES and comply with the requirements of the RCO.

Company Name of Respondent: _________________________________________________

Business Address: ____________________________________________________

Business Phone Number: ______________________________________________________

E-Mail Address: ____________________________________________________________

Business is legally designated as:

□ Sole Proprietorship □ Partnership □ Corporation

Authorized Agent: ________________________________ (Printed)

Authorizing Signature: ____________________________

Date: ___________________________________________

SUBSCRIBED AND SWORN to before me by the above name on this

Day of _________________, 20___.

Notary Public in and for the

State of _______________________________.

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EXHIBIT A-2 NON-COLLUSION AFFIDAVIT

Authorized officer: Bidder’s bid containing statements, letters, etc., shall be signed in the bid by a duly authorized officer of the company whose signature is binding on the bidder.

I hereby certify that the foregoing offer has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the official opening of this bid.