RFB 2025-26.08 Paper Products and Supplies.pdf

RFB 2025-26.08 PAPER PRODUCTS

CLARKSTOWN CENTRAL SCHOOL DISTRICT

62 OLD MIDDLETOWN ROAD

NEW CITY, NY 10956

TEL. NO. (845) 639-6426

FAX NO. (845) 639-6611

bids@ccsd.edu

INVITATION TO BID # RFB 2025-26.08

PAPER PRODUCTS AND SUPPLIES

BIDS TO BE OPENED:

Time: 11:00 AM

Date: JUNE 20, 2025

Place: CLARKSTOWN CENTRAL SCHOOL DISTRICT

PURCHASING DEPARTMENT

62 OLD MIDDLETOWN ROAD

NEW CITY, NY 10956

BID # RFB 2025-26.08: PAPER PRODUCTS AND SUPPLIES

SUBMIT BID TO:

Clarkstown Central School District

Attn: Sabrina Alvarado, Purchasing Department 62 Old Middletown Road

New City, NY 10956

In accordance with the provision of Section 103 of the General Municipal Law, an advertisement for bids was published. As stated in such notice, all bids must be delivered to the Purchasing Department no later than 11:00 AM on JUNE 20, 2025, and such bids will be publicly opened and read on JUNE 20, 2025 AT 11:00 AM at the Administrative Building, 62 Old Middletown Road, New City, NY 10956.

BID # RFB 2025-26.08: PAPER PRODUCTS AND SUPPLIES must be clearly marked on sealed envelopes.

Signed Bid Certification must be enclosed with response.

Since New York State Law requires original signatures on the Non- Collusive Bidding Certification and Signature Form. We CANNOT accept bids facsimile.

BID SPECIFICATIONS

ARTICLE I: GENERAL GUIDELINES AND SCOPE OF SERVICES

1. GENERAL GUIDELINES

The Board of Education of the Clarkstown Central School District (“School District” or “District”) is requesting bids from qualified vendors to supply Paper Products and Supplies to the District for the 2024- 2025 school year. The enclosed Specifications outline all the requirements and conditions for furnishing this service. For the purpose of this Request for Bids (“RFB”), the terms, “successful bidder/ Successful Bidder” and “Contractor/contractor” shall mean the entity identified in the bid as the contractor who will be awarded the provision of services pursuant to the contract with the School District and its affiliates, subsidiaries, and any other entity with whom the bidder has a contractual or other relationship related to the Services to be provided. For the purpose of this RFB, the term “affiliate” shall mean any entity in which the bidder has an ownership interest or any entity with an ownership interest in the bidder. This RFB includes the Specifications, General Conditions, Attachments, and any Amendments or Addenda that may be issued.

2. SCOPE OF SERVICES

A. CONTRACT TERM

Any contract resulting from the award of this bid shall be for a one (1) year term from the date of award.

B. SPECIFICATIONS

This bid is brand specific and bidders must bid on the exact item and brand specified.

Lead-time must be included with bid response. Product must be received within five (5) business days after receipt of order. Delivery locations will be determined at the time of order. Invoice after order delivery.

C. ORDER QUANTITY

Estimated quantities are included on the Paper and Supplies Bid Form. This is an estimated quantity and the actual quantity ordered may vary from the estimated quantity.

The School District may issue a blanket purchase order for anticipated usage over a specific period of time.

The Successful Bidder(s) shall track invoices against blanket purchase order quantities and advise the School District when blanket purchase order quantities need to be adjusted.

D. PRICING

Pricing must include inside delivery to the designated storage area.

E. MATERIAL

Samples are not required with the bid response; however, the School District may require samples of any or all proposed items be submitted for review prior to the bid award.

If submitted, samples will be returned (at bidder’s expense) or can be picked up by bidder, upon bidder’s request, within thirty days of award of bid by the School District. Samples not picked up or returned to bidder within thirty days shall be considered surplus property and disposed of by the School District.

The School District will make the sole determination on whether any proposed item or alternative item(s) is equal to the specified brand and/or meet the quality requirements of the School District. The School District’s decision in regard to their determination of whether samples of alternative items proposed are equal to the specified brand names and/or if the proposed items meet the quality requirements of the School District shall be final.

F. DELIVERY

The Successful Bidder(s) is expected to provide the exact item bid, as specified, at acceptable quality, at the quoted price, and on a timely basis, as ordered and in accordance with all conditions of the bid. The School District reserves the right to cancel the contract and order from another supplier for failure to provide acceptable service in any of these areas.

The actual delivery schedule will be arranged with the Successful Bidder(s).

Inside delivery to designated storage areas is required and the School District assumes no responsibility for the unloading and placing of product in the designated storage areas.

Deliveries must be made between the hours of 6:00 AM and 12:30 PM.

Deliveries shall be accompanied by delivery tickets which must be signed by the School District’s employees responsible for receiving deliveries. A copy of the signed delivery ticket must be provided to the School District’s delivery personnel at the time of delivery.

G. INVOICING

Invoices shall be paid on a monthly basis and are to be submitted to the following address:

Clarkstown Central School District Food Service Office 62 Old Middletown Road New City, NY 10956

Invoices must be submitted in the format approved by the School District. Invoices must include the bid number, purchase order number, item description, quantity, unit of measure, unit price, extended price per item, total invoice price and shall be itemized per delivery location for the week/month for which the invoice is submitted.

Payment shall not be made for any items, used or unused, found to be inferior to the specifications.

Payment shall not be made for any products that do not have a signed delivery ticket on file. Invoices will be compared to signed delivery tickets and, in the event of a discrepancy, the Successful Bidder must submit copies of the delivery tickets signed by School District personnel to verify delivery.

Payment of an invoice shall not preclude the School District from making claim for adjustment on any item found not to be in accordance with the specifications. Claims adjustments shall be deducted from amounts owed the Successful Bidder(s) or by invoicing the Successful Bidder(s) if no payments are outstanding.

H. AWARD

Bids will be awarded by item to the lowest responsive, responsible bidder(s) that meets all the requirements of the specifications.

I. AMENDMENTS TO BID

Any verbal information obtained from or statements made by any representative of the School District at the time of examination of the documents or site shall not be construed as, in any way, amending bid documents. Only such corrections or addenda that are issued by the Purchasing Agent in writing to all Bidders shall become part of any resulting bid award.

LIST OF SCHOOLS

Itemized Receipts must be presented upon delivery for each delivery location.

9. Laurel Plains Elementary School Billing Address 14 Teakwood Lane Food Service Office New City, NY 10956 62 Old Middletown Road 845-639-6350 New City, NY 10956 Tel.-845-639-6546 Fax-845-639-5695 10. Link Elementary School 51 Red Hill Rd

1. Felix Festa Middle School New City, NY 10956 30 Parrott Road 845-624-3494 West Nyack, NY 10994

2. Clarkstown High School – South 11. Little Tor Elementary School 31 Demarest Mill Road 56 Gregory Street West Nyack, NY 10994 New City, NY 10956 845-624-3440 845-624-3471

3. Clarkstown High School – Annex 12. New City Elementary School 151 Congers Road 60 Crestwood Drive New City, NY 10956 New City, NY 10956 845-639-6501 845-624-3467

4. Clarkstown High School – North 13. Strawtown Elementary School 151 Congers Road 413 Strawtown Road New City, NY 10956 West Nyack, 10994 845-639-6501 845-624-3473

5. Bardonia Elementary School 14. West Nyack Elementary School 31 Bardonia Road 661 West Nyack Road Bardonia, NY 10954 West Nyack, NY 10994 845-639-6430 845-624-3474

6. Birchwood School 15. Woodglen Elementary School 214 Sickletown Road 121 Phillips Hill Road West Nyack, NY 10994 New City, NY 10956 845-639-6480 845-624-3471

7. Congers Elementary School 9 Lake Road West Congers, NY 10920 845-639-6330

8. Lakewood Elementary School Lakewood Avenue Congers, NY 10920 845-639-6320

ARTICLE II: BID SUBMISSION

1. The bid documents shall consist of the: Specifications, General Conditions, Statement of Bidder’s

Qualifications, References and Contacts Sheet, Affidavit of Compliance, Bidder/Proposer’s Certificate of Compliance with Iran Divestment Act of 2012, Non-Collusive Certification, Certificate and Signature, Bidder’s Statement on Sexual Harassment in Accordance with New York State Finance Law Section 139-1, Byrd Anti-Lobbying Amendment Certification, Student Wellness Policy, and Bid Sheet.

2. In order to receive consideration, bids must be submitted to Sabrina Alvarado, Purchasing Department, at the Clarkstown Central School District, Administrative Building, 62 Old Middletown Road, New City, NY 10956 no later than 11:00 AM EST on June 20, 2025 (“Delivery Deadline”). If the District is officially closed on the date scheduled for submission of bids, the required date for submission will be on the next day the District is officially open.

3. Bidders must submit an original bid and in a sealed envelope and must indicate the following information on the outside of the package:

1. Bidder’s name and address;

2. RFB 2025-26.08 PAPER PRODUCTS AND SUPPLIES

3. Due Date: June 20, 2025 at 11:00AM EST

*Prices must be submitted on the enclosed Bid Sheet (Attachment “J”) in hard copy and in electronic format on a flash drive.

4. All bids received after the Delivery Deadline may not be considered and will be returned unopened to the Bidder. The Bidder assumes the risk of any delay in the mail or handling of the mail by employees of the District. In whatever way it delivers its bid package, the Bidder assumes responsibility for having the bid deposited on time and at the place specified.

5. Bids will be publicly opened and read at 11:00 AM EST on June 20, 2025 at 62 Old Middletown Road, New City, NY 10956.

6. No oral interpretation of Specifications, contract terms, or these conditions and requirements will be made to any bidder, or if made, will not be binding on the District.

7. Written requests for such interpretation shall be mailed to the attention of: Sabrina Alvarado, Purchasing Department, at the Clarkstown Central School District, Administrative Building, 62 Old Middletown Road, New City, NY 10956 or sent via e-mail to: bids@ccsd.edu. Mailed or e-mailed requests for such interpretation must be received no later than five (5) days prior to the bid Delivery Deadline. Notice of any and all such interpretations and any supplemental instructions will be sent to all Bidders of record by the School District in the form of addenda to the Specifications. All addenda so issued shall be sent by e-mail or by fax and shall become a part of the contract documents. All bidders are responsible for ensuring that they have received all addenda issued. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligations under their bid submitted.

mailto:bids@ccsd.edu

8. Bids shall be viable for a period of forty-five (45) days from the Delivery Deadline. No amendments or requests for withdrawal will be considered after the final date/time of submission, and no oral amendments will be considered at any time. All prices and information required must be legible. Bids must include cost using the format set forth in the Bid Sheet. Where so indicated on the Bid Sheet, sums shall be expressed in whole dollar figures and clearly written in ink. Illegible, incomplete, conditional, vague or unclear bids may be rejected. To be considered for award, a bid must comply in all material respects with all terms, conditions and provisions as listed herein.

9. No charge will be allowed for federal, state, or municipal sales and excise taxes, since the School District is exempt from such tax. Exemption certificates, if required, will be furnished on forms provided by the Contractor.

10. The bid shall include the legal name of the bidder and a statement whether the bidder is a sole proprietor, a partnership, a corporation, or any other legal entity, and shall be signed by the person or persons legally authorized to bind the bidder to the contract(s). The Bidder must submit evidence of same. All required signatures shall be handwritten in ink with the full name of the person executing the Bid. No initials, stamp, photocopy of other copy, or company name may be used in lieu of any required signature.

A bid by a corporation shall also give the State of Incorporation and have the corporate seal affixed.

11. The submission of a bid will be construed to mean that the Bidder is fully informed as to the extent and character of the supplies, materials and/or equipment required and a representation that the Bidder can furnish the supplies, materials and/or equipment satisfactorily in complete compliance with the Specifications. The failure or omission of any bidder to receive or examine any or all of those documents shall in no way relieve the bidder from performing any obligation required of him thereby.

12. 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.

13. Bidders are required to submit responses that are fully compliant with the District’s Specifications. If the bid contains variants from those Specifications, the bidder must clearly state what those variants are and why. Any deviation from the District’s Specifications may result in a negative overall assessment or rejection of the bid in its entirety. Bidders must state any assumption on which their bid rests.

14. Bids which are incomplete, conditional, or obscure, or otherwise not in compliance, may be rejected as not meeting the Bid Specifications.

15. The Board of Education reserves the right to waive what it deems bid or specification informalities relating to a specific bid or may give a bidder an opportunity to cure any deficiency resulting from a technicality or minor irregularity in the bid, to reject any and all bids, to re-advertise and invite new bids, or to accept the whole or part of a bid, or to accept parts of bids from more than one bidder, as in the Board of Education’s sole discretion is deemed to be in the best interest of the School District. The District reserves the right to award the bid as submitted or negotiate as to technical performance or price, or both, with bidders whose bids are competitive as per these Specifications. However, the District may also award the contract without further discussion with any bidder. If the District chooses to consult with the bidder, then the bidder’s representative must have authorization to provide the District with information relative to the bid.

16. Bids may not be modified subsequent to the designated time for receipt of the bids. Prior to the designated time for receipt, bids may be modified or withdrawn if the bidder so notifies the District, in writing. Any such modifications shall not reveal the amount of the originally proposed sum or the bid shall be deemed invalid. Such revised bids must be submitted by the designated time for receipt.

17. The bid must be submitted without change in phraseology, erasure, omission, addition, or condition.

There is no expressed or implied obligation for the District to reimburse responding bidders for any expense incurred in preparing bids, or responding to this bid in any way, including but not limited to, any site visitation. Bids submitted after the stated time and date will not be considered and will be returned unopened.

18. No charge will be allowed for federal, state or municipal sales and excise taxes since the School District 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.

19. In all Specifications, the words “or equal” are understood after each article giving Manufacturer’s name or catalog reference or any patented article. The decision of the School District as to whether an alternate or substitution is in fact “equal” shall be final. 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 Specifications for the proposed item. Otherwise, the bid will be construed as submitted on the identical item as specified.

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

21. Bidders must provide all required product information with their bid including case pack size, individual pack size, unit price, nutritional and any other information requested.

Sizes and weights specified are important as they relate to yield, food costs and receipt.

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

23. The bidder must insert the price per unit and the extensions against each item in the 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.

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

25. Bidders shall submit a single figure in U.S. Currency representing the total cost bid for each item, including any associated charges, if applicable, as described in the specifications. Items/services may be awarded in total or on an item by item basis, in accordance with the needs of the District. The District reserves the right to order only those items/services for which a genuine need exists and for which funds are available, and to choose not to order any items/services at all. To be considered for award, a bid must comply in all material respects with all terms, conditions and provisions as listed in the bid plus all attachments and amendments.

26. Prices shall remain firm for the term of the contract, including any renewals, unless economic adjustments are agreed upon by both parties and based on the most recent published Consumer Price Index at the time of the request. For the purposes of this section, the Consumer Price Index Changes in Food Price Indexes as published by the United States Department of Agriculture Economic Research Service [http://www.ers.usda.gov/data-products/foodprice-outlook.aspx] will be the benchmark. The District will use the most recent year-over-year data available at the time of request. The District reserves the right to accept or reject the request for a price increase and if appropriate, to utilize other resources in evaluating escalation requests, including requesting confirmation from the manufacturer. This clause also enables the District to seek de-escalation on the basis of the same cited index, terms, and other resources. Requests can only be submitted in December and May during the contract period(s).

27. Participation by other Government Agencies

The School District reserves the right to allow all governmental agencies authorized under the General Municipal Law of the State of New York, to purchase any goods and/or services as a result of this bid in accordance with the General Municipal Law. It is understood that the extension of such contracts are at the discretion of the successful bidder and the successful bidder is only bound to any contract between the District and the successful bidder.

FAILURE OF THE DISTRICT TO ENFORCE ANY PROVISION LOCATED IN THE INSTRUCTIONS TO BIDDERS, THE GENERAL CONDITIONS, SPECIFICATIONS, OR THE AGREEMENT, DOES NOT CONSTITUTE A WAIVER BY THE

SCHOOL DISTRICT OF ITS RIGHTS TO ENFORCE SAID PROVISIONS IN THE FUTURE.

ARTICLE III: AWARD

1. Awards will be made to the lowest responsible bidder, as in accordance with NY General Municipal Law.

2. Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award contracts on individual items or on total sums, whichever is in the best interests of the School District

3. The District reserves the right to waive what it deems bid or specification informalities relating to a specific bid or may give a bidder an opportunity to cure any deficiency resulting from a technicality or minor irregularity in the bid, to reject any and all bids, to re-advertise and invite new bids, or to accept the whole or part of a bid, or to accept parts of bids from more than one bidder, as in the Board of Education’s sole discretion is deemed to be in the best interest of the School District. The District reserves the right to award the bid as submitted or negotiate as to technical performance or price, or both, with bidders whose bids are competitive as per these Specifications. However, the District may also award the contract without further discussion with any bidder. If the District chooses to consult with the bidder, then the bidder’s representative must have authorization to provide the District with information relative to the bid.

4. The School District reserves the right to reject bids and purchase items or services included in this bid on State, County, other Governmental Agency contracts or via such other means as authorized by law.

5. All Bid Documents, together with the District’s corresponding purchase order, shall constitute the “Contract” between the District and the successful bidder.

ARTICLE IV: INDEMNIFICATION AND INSURANCE

1. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend, indemnify and hold harmless the District, its Board of Education, the Board’s and/or the District’s agents, officers, trustees, attorneys, employees, staff, and volunteers, all in their individual and corporate capacities, for all claims, demands, actions, lawsuits, judgments, settlements, costs, damages, and expense, including but not limited to attorney’s fees, arising out of or resulting from any act, omission, error, recklessness or negligence of the Contractor, its officers, directors, agents, or employees, in connection with the performance of this Agreement. For the avoidance of doubt, the foregoing includes, but is not limited to, damage to property and/or bodily injury and/or death. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. An applicable insurance endorsement, naming the District as an additional insured, shall be submitted to the District by the Contractor upon execution of this Agreement

2. Insurance. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the naming of the District as an additional insured on the contractor's insurance policies, with the exception of workers' compensation and N.Y. State disability insurance.

The policy naming the District as an additional insured shall:

• Be an insurance policy from an A.M. Best rated "secured" or better insurer, authorized to conduct business in New York State. A New York licensed insurer is preferred. The decision to accept specific insurers lies exclusively with the District.

• State that the organization's coverage shall be primary and non-contributory coverage for the District, its Board, employees and volunteers.

• Additional insured status shall be provided by standard or other endorsements that extend coverage to the District for both on-going and completed operations. The decision to accept an endorsement rests solely with the District. A completed copy of the endorsements must be attached to the certificate of insurance.

• The certificate of insurance must describe the specific services provided by the contractor (e.g., roofing, carpentry, plumbing) that are covered by the liability policies.

• At the District's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms.

• A fully completed New York Construction Certificate of Liability Insurance Addendum (ACORD 855 2014/05) must be included with the certificates of insurance.

The contractor agrees to indemnify the District for any applicable deductibles and self-insured retentions.

Required Insurance:

Commercial General Liability Insurance $1,000,000 per occurrence/ $2,000,000 general and products/completed operations aggregates. The general aggregate shall apply on a per-project basis.

Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles.

Workers' Compensation, Employers Liability and NYS Disability Insurance Statutory Workers' Compensation, Employers' Liability Insurance and NYS Disability Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable.

Excess Insurance: $1,000,000 each Occurrence and Aggregate. Excess coverage shall be on a follow-form basis.

Owners Contractors Protective Insurance $1,000,000 per occurrence/$2,000,000 aggregate, with the District as the named insured.

Contractor acknowledges that failure to obtain such insurance on behalf of the District constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the District. The contractor is to provide the District with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.

The District is a member/owner of the NY Schools Insurance Reciprocal (NYSIR).

The Contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the District but also NYSIR, as the District's insurer.

ARTICLE V: MANDATORY PROVISIONS

1. Termination. The District reserves the right to terminate the contract at any time and for any reason or no reason, in whole or in part, upon thirty (30) days written notice to the Contractor, and shall only remain obligated to pay the Contractor the pro-rata portion of the contract price for services that were provided. In the event of termination of the Agreement, Contractor shall cooperate with the District to wind down any activities hereunder and all reports or other materials due to the District from Contractor shall be promptly completed. All portions of this Agreement which may reasonably be expected to survive the termination or expiration of this Agreement shall do so. In the event the Contractor fails to provide service in accordance with these Specifications and stated requirements, the Contractor shall be considered in breach of contract. In such event, the District shall have the right to terminate the contract immediately.

2. Breach of Contract Remedies. In the event the Contractor fails to provide service in accordance with these Specifications and stated requirements, the Contractor shall be considered in breach of contract. In such event, the District shall have the right to terminate the contract immediately, enforce the Contractor’s performance bond as required by the District, and/or seek legal redress, as appropriate. If the Contractor fails to execute an agreement within ten (10) days of being awarded the bid OR breaches the contract, the Contractor shall be liable for and agrees to pay the District, on demand, the difference between the price or prices proposed and the price or prices for which such services shall subsequently be obtained.

3. Clean Air and the Federal Water Pollution Control Act. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., and the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office. The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal funds.

4. Debarment and Suspension. The Contractor certifies that it is in compliance with the U.S. Office of Management and Budget (“U.S. OMB”) “Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180 which states that a contract award in any tier must not be made to parties listed on the government wide exclusions in the System for Award Management (“SAM”), in accordance with the OMB guidelines at 2 C.F.R. § 180 that implement Executive Orders Nos. 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order No. 12549.

5. Byrd Anti-Lobbying Amendment. The Contractor must sign and submit a Certification Regarding Lobbying and Disclosure of Lobbying Activities (Attachment “H”). The Contractor states that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal award.

CLARKSTOWN CENTRAL SCHOOL DISTRICT

NEW CITY, NEW YORK

GENERAL CONDITIONS

(For the purchase of materials, supplies and equipment)

All invitations to bid issued by the above named school district will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the School District.

DEFINITIONS

For purpose of these General Conditions, the following definitions shall apply:

“School District” or “District”

- Shall be the legal designation of the district who is contracting with the bidder for goods/services.

“Notice to bidders” - A formal statement which, when issued by the school district, constitutes an invitation to bid on the materials, supplies, and equipment described by the Specifications.

“Board” - The board of education of the school district who is contracting with the bidder for goods/services.

"Bid" - An offer to furnish materials, supplies, and/or equipment in accordance with the invitation to bid, the general conditions, special instructions, and the Specifications.

"Bid Offer" - The form on which the bidder submits his bid.

"Bidder" - Any individual, company, or corporation submitting a bid.

"Contract" or "Agreement" - A notice to the successful bidder by the issuance of a purchase order or notice letter, together with all Bid Documents relating to the transaction. It may, but is not required to include a Form of Agreement.

"Successful Bidder" - Any bidder to whom an award is made by the school district.

"Contractor" - Any bidder to whom a contract award is made by the board of education

“Specification” - A description of materials, supplies, and/or equipment and the conditions for its purchase.

BIDS

1. The date, time, and place of bid opening will be given in the Public Notice.

2. All bids must be submitted on the Bid Sheet and in accordance with instructions provided by the Board.

3. All bids received after the Delivery Deadline may not be considered and will be returned unopened to the bidder.

The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the school district. 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.

4. All information required by the Bid such as that set forth in the Public Notice, Specifications, General Conditions, Attachments, and any Amendments or Addenda that may be issued must be given to constitute a regular bid.

5. The non-collusive bidding certification must be included with each bid as required by General Municipal Law, section 103-d.

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

7. 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.

8. Prices and information required shall be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

9. Sales to school districts are not affected by any fair trade agreements. (General Business Law, sec. 369-a, sub.3)

10. No charge will be allowed for Federal, State, or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax.

11. In all Specifications, the words “or equal” are understood after each article giving manufacturer’s name or catalog reference, or where a copyrighted brand name, trade name, catalog reference, or patented product is referenced. References to such specific products are intended as descriptive, not restrictive, unless otherwise stated. Comparable products will be considered if proof of compatibility is provided, including, without limitation, appropriate catalog excerpts, descriptive literature, detailed specifications, test data, etc. . The decision of the school district as to whether an alternate or substitution is in fact “equal” shall be final. If such documentation is not furnished, the bid will be construed as submitted on the identical item as specified in the bid specifications.

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

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

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

15. All prices quoted must be “per unit” as specified; e.g., do not quote “per case” when “per dozen” is requested;

otherwise, bid may be rejected.

16. Bidder must insert the price per unit 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.

17. Prices shall be net, including transportation and delivery charges fully prepaid by the Successful Bidder to destination indicated by the bid or an authorized District representative. If award is made on any other basis, transportation charges must be prepaid by the Successful Bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.

18. All bids must be sealed. They must be submitted in envelopes furnished by the school district, if any.

Otherwise, plain, opaque envelopes may be used, clearly marked “BID”. Also the date and time of the Delivery Date as indicated on the Public Notice must appear on the envelope. Bids must not be attached to or enclosed in packages containing bid samples. Telephoned quotations or amendments will not be accepted at any time.

19. As set forth in the Non-Collusive Certification, under penalty of perjury, the bidder must certify 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.

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

Every request for such interpretation should be in writing, addressed to the school district, not later than five (5) days prior to the date fixed for the opening of bids. If deemed necessary in the sole discretion of the District, the District will answer the inquiry in writing in the form of an addenda to the bid solicitation which will be sent to all bidders solicited or of record. All addenda so issued shall become a part of the contract documents.

21. If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the Specifications so state, then the Successful Bidder shall be required to execute an agreement in relation to the performance of his contract, such agreement to be executed by the bidder within ten (10) days after notification to execute such contract. The Successful 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. 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 school district. The performance bond shall be executed by the Successful Bidder at the time of the execution of the contract by the Successful Bidder and the board.

22. No Changes shall be made in the forms by the Bidder.

Bid prices and all information required shall be typewritten or written legibly in ink. All bids shall be hand signed, and the signer’s name shall also be typed or printed next to or under the signature, together with his/her title or designation. All requisite Bid Documents must be completed as well as all mathematical computations, including total amount of bid, if applicable.

Failure to do so may result in the bid being disqualified. It is understood that upon award, all prices, bid terms and conditions as represented in this bid and all addenda thereto shall become part and parcel of the awarded contract.

SAMPLES

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

24. The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments are made. If the sample is not in accordance with the requirements of the specification, the school district may reject the bid; or, if award has been made, cancel the contract at the expense of the Successful Bidder.

25. Samples, when required, must be submitted strictly in accordance with instructions; otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered as directed for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at his expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the school district shall have the right to dispose of them as its own property.

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

AWARD

27. Awards will be made to the lowest responsible bidder or, as applicable, on the basis of best value as in accordance with New York Law.

28. The School District reserves the right to accept or reject in whole or part any or all bids that it considers not to be in the best interest of the District, to waive any informality as to non-material errors or omissions in the bid submissions, to accept parts of a bid from more than one bidder, or to reject any and all bids, re-advertise, or accept that bid, or combination of bids which, in its judgment, is in the best interest of the District. Also reserved is the right to reject bids and to purchase items or services included in this bid on State, County, other Governmental Agency contracts or via such other means as authorized by law.

29. The school district 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.

30. Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award contracts on individual items, or on total sums, whichever is in the best interests of the school district.

31. If two or more bidders submit identical bids as to price, the decision of the board to award a contract to one of such identical bidders shall be final. (General Municipal Law, sec. 103, sub. 1.)

32. The School District reserves the right to reject bids and to purchase items on State or county contracts or via such other means as authorized by law.

CONTRACT

33. Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the Successful Bidder and the school district. Contract shall bind the Successful Bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. The District may require the execution of a form of agreement.

34. The placing in the mail of a notice of award or purchase order to a Successful Bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract provided the Board of Education has so approved.

35. If the Successful Bidder fails to deliver as ordered, or within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when so requested immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered. The district reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the Successful Bidder agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the Successful Bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.

36. A contract may be canceled at the Successful Bidder’s expense upon nonperformance of the Contract and as may otherwise be set forth in the General Conditions, Specifications and Form of Agreement, as applicable.

Cancellation of the Contract for any reason may result in removal of the Successful Bidder’s name from mailing list for future bids for an indeterminate period.

37. When commodities are rejected, they must be removed by the Contractor from the premises of the District within ten (10) days of notification of rejection. Rejected items not removed by the Contractor within said ten (10) days shall be regarded as abandoned by the Contractor and the School District shall have the right to dispose of the items as its own property. The Contractor shall promptly reimburse the School District for any and all costs and expenses incurred in effecting removal and disposition.

38. No items are to be shipped or delivered until receipt of an official purchase order from the school district.

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

40. Where the work performed under the Contract involves a trade or occupation required to be licensed by the Town of Clarkstown, or other appropriate jurisdiction, the Contractor shall be required to have such a license.

41. The District may require that appropriate references of the Successful Bidder and (where applicable) his/her staff, are available upon request. The Successful Bidder will ensure that its staff possesses the requisite licenses, certifications and qualifications to perform the services contracted for. The Successful Bidder shall verify the existence and validity of professional licenses, certifications and credentials and in the event the required license and/or certification of any agent or employee of the Contractor providing services under this Agreement is revoked, terminated, suspended or otherwise impaired, the Successful Bidder shall immediately notify the District. Upon request, copies of such credentials shall be made available to the District by the Successful Bidder. The Successful Bidder shall also verify that all individuals providing services under this Agreement are of good character and are in good professional standing. The Successful Bidder warrants that no individuals providing services under this Agreement are currently charged, nor have been charged in the past, with any criminal or professional misconduct or incompetence relating to the services under this Agreement. In the event the Successful Bidder becomes aware of any such changes, the Successful Bidder shall immediately notify the District.

INSTALLATION OF EQUIPMENT

42. The Successful Bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order. Old materials are the property of the Successful Bidder unless otherwise specified.

43. Equipment, supplies, and materials shall be stored at the site only on the approval of the school district and at the Successful Bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

44. Work shall be progressed so as to cause the least inconvenience to the school district and with proper consideration for the rights of other Successful Bidders or workmen. The Successful Bidder shall keep in touch with the entire operation and install his work promptly.

45. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the location required.

46. Equipment for trade-in shall be dismantled by the Successful Bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the Successful Bidder shall be the same as covered in the Specifications, except as affected by normal wear and tear from use up to the time of trade-in.

All equipment as represented simply “as is.” Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL BIDDER

47. The Successful Bidder guarantees:

a. His 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.

c. To carry adequate insurance to protect the school district 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 delivered is standard, new, latest model of regular stock product or as required by the Specifications; also that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one year from date of delivery.