RFB-226-20.docx

NOTICE TO BIDDERS

The Board of Education of Onondaga-Cortland-Madison Board of Cooperative Educational Services (BOCES), in accordance with Section 103 of Article 5-A of the General Municipal Law and Article 119-O of the General Municipal Law, will receive bids on:

Welding Supplies & Equipment

RFB-226-20

for possible use by OCM BOCES, Cayuga-Onondaga BOCES, TST BOCES, and their member school districts, including but not limited to: Auburn Enlarged City SD, Baldwinsville CSD, Cato-Meridian CSD, Cazenovia CSD, Chittenango CSD, Cincinnatus CSD, Cortland City Schools, DeRuyter CSD, East Syracuse Minoa CSD, Fabius Pompey CSD, Fayetteville Manlius CSD, Homer CSD, Jamesville Dewitt CSD, Jordan-Elbridge CSD, LaFayette CSD, Lansing CSD, Liverpool CSD, Lyncourt UFSD, Marathon CSD, Marcellus CSD, McGraw CSD, Moravia CSD, Newfield CSD, North Syracuse CSD, Onondaga Central CSD, Port Byron CSD, Skaneateles CSD, Solvay UFSD, Southern Cayuga CSD, Tully CSD, Union Springs CSD, Weedsport CSD, West Genesee CSD, and Westhill CSD. Bids will be received until 1:30 PM on September 10, 2025. On that date and time, bids will be publicly opened and read at Onondaga-Cortland-Madison BOCES, 110 Elwood Davis Road, Liverpool, NY 13088 in a Conference Room. The Board of Education reserves the right to reject any or all bids in whole or in part. Bid forms and specifications can be obtained from the Onondaga-Cortland-Madison BOCES Business Office from 8:00 a.m. to 4:00 p.m., Monday through Friday.

Board of Cooperative Educational Services Onondaga, Cortland, and Madison Counties P.O. Box 4754 Syracuse, NY 13221

Lynda Russell Phone: 315.431.8584 Email: lrussell@OCMBOCES.org

Terri Hewitt Phone: 315.433.2620 Email: thewitt@OCMBOCES.org

Date: August 27, 2025 By: Suzanne Slack, Assistant Superintendent for Administration

Onondaga-Cortland-Madison BOCES Physical Address: 110 Elwood Davis Road, Liverpool, NY 13088 Mailing Address: P.O. Box 4754, Syracuse, NY 13221 315-431-8584 Lynda Russell, Manager of Central Services 315-433-2620 Terri Hewitt, Assistant School Purchasing Officer

Contents

GENERAL CONDITIONS

(For the purchase of goods & services)

All Bids issued by the above named BOCES will bind Vendors and Successful Vendors to the conditions and requirements set forth in these General Conditions and any special conditions set forth herein (collectively, the “Conditions”), and such Conditions shall form an integral part of each Contract awarded by the BOCES.

It is the Vendors’ responsibility to read the following General Conditions, Bidder’s Instructions, Special Conditions, Detailed Conditions, and Bid Specifications which outline the bidding rules of the Onondaga-Cortland-Madison BOCES.

Where the terms “bid” or “bids” are used in these documents, the bidder understands that the terms “proposal” or “proposals” could be used to replace “bid” or “bids” and be used interchangeably depending on the scope and nature of this solicitation.

DEFINITIONS

Notice to Bidders A formal statement which, when issued by the BOCES, constitutes a Solicitation for Bids on the products and/or services described by the Specifications.

Board The Board of Education of the School District/BOCES.

Bid An offer to furnish products and/or services in accordance with the Notice to Bidders, the General Conditions, Bidder’ Instructions, Specifications, and Bid.

Offer The form on which the Vendor submits a Proposal.

Vendor Any individual, company, or corporation submitting a Bid.

Contract A notice to the Successful Vendor by the issuance of a Purchase Order; also all documents relating to the transaction, including but not limited to: the Offer of the Successful Vendor, Notice to Bidders, General Information, General Conditions, Bidder’s Instructions, Specifications, Notice Of Award, Bid; also a formal document signed by the Successful Bidder and the participating School District/BOCES representative.

Successful Vendor Any Vendor to whom an Award is made by the BOCES on behalf of the participants.

Contractor Any Vendor to whom a Contract is made by the Board of Education.

Specification Description of products and/or services and the conditions for its purchase.

BOCES (Onondaga-Cortland-Madison) Board of Cooperative Educational Services

Participant Legal designation of any entity authorized to participate in this bid, such as a school district, OCM BOCES, another BOCES or municipality.

BID PROCEDURES

1. The date, time, and place of Bid opening will be given in the Notice to Bidders.

2. All Bids must be submitted on the Bid Document and Bidder’s Response Sheet included with this solicitation and in accordance with instructions provided by the BOCES.

3. All information required by the Notice to Bidders, General Conditions, Special Conditions, Detailed Conditions, Specifications, and Bid, in connection with each item against which a Bid is submitted, must be given to constitute a regular Bid.

4. The submission of a Bid will be construed to mean the Vendor is fully informed as to the extent and character of the products and/or services required and a representation that the Vendor can furnish the products and/or services satisfactorily in complete compliance with the Specifications.

5. Deviations from the bid specifications must be set forth in space provided on the Bidder’s Exclusion Page and/or Bidder’s Response Sheet for this purpose. The BOCES reserves the right to disqualify and reject any Vendor submission containing alterations by the Vendor. No alteration, erasure, or addition to the original bid documents will be permitted.

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

7. When Bids are requested on a total or aggregate basis, the expectation is that the Vendor bids on each item in the group. A Vendor deciding to submit a “no bid” on an item in a group must clearly indicate this; otherwise, the entire Bid for the group may be rejected.

8. All Bids must be sealed in a plain, opaque envelope provided by the responding vendor clearly marked “Bid” with the corresponding Bid number. Also, the date and time of the Bid opening as indicated on the Notice to Bidders must appear on the envelope. Bids must not be attached to or enclosed in packages containing Bid samples. Faxed and/or e-mailed bids will not be accepted. Bidder’s who wish to electronically submit their response in addition to sending the paper copy can utilize the Empire State Purchasing Group at https://www.bidnetdirect.com/new-york/onondagacortlandmadison-boces/solicitations/open-bids?selectedContent=BUYER

9. No interpretation of the meaning of the Specifications or other Contract Document will be made to any Vendor orally. Every request for such interpretation should be in writing, addressed to the BOCES, not later than five (5) days prior to the date fixed for the opening of Bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all Vendors on record by the BOCES in the form of an Addendum to the Specifications. All Addenda so issued shall become part of the Contract Documents.

10. The Vendor must insert the price per unit and the extensions, if applicable, 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.

11. Each Bid will be received with the understanding that the acceptance thereof by resolution of the Board, and written notice thereof by the BOCES to the Successful Vendor to furnish any or all of the products and/or services described therein shall constitute a Contract between the Successful Vendor and each individual participant. This Contract shall bind the Successful Vendor to furnish and deliver at the prices and in accordance with the conditions of the Bid. This Contract shall bind the participant to pay for at the Contract prices, all products and/or services ordered and delivered.

12. Vendors should ensure accuracy in figures prior to submission. If a Vendor discovers a mistake in an item in their Bid award and wants that item award rescinded after it has been Awarded, the BOCES reserves the right to rescind the entire award and the Vendor’s responsibility may be questioned for future Bids.

13. OCM BOCES officially distributes bidding documents from the Business Office or through the Central New York Purchasing Group’s Regional Bid Notification System. Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from either OCM BOCES Business Office or the Regional Bid Notification System are guaranteed to receive addendum information, if such information is issued.

14. In addition to the General Conditions, the following Special Conditions & specifications listed below and on the “Bidders Response Sheet” must also be met. In the event of conflict between the General Conditions and the Special Conditions, the Special Conditions shall supersede the General Conditions.

15. Piggybacking: OCM BOCES, Cayuga-Onondaga BOCES, TST BOCES and/or their component school districts ONLY may piggyback on this bid. OCM BOCES, Cayuga-Onondaga BOCES, TST BOCES and/or their component school district locations not listed in the “Notice to Bidders” or referred to in any sections of bidding documents, may participate in this bid, but only upon mutual consent by both OCM BOCES and the awarded vendor(s). Interested component school districts must first contact the OCM BOCES business office before making arrangements with the awarded vendor to be serviced under the terms and conditions of this bid.

16. Exceptions to any of items listed in this bid package must be noted on the Bidder’s Exclusion page. Any exception(s) listed on the Bidders Exclusions page will be identified, reviewed, and taken into consideration by OCM BOCES as part of the bid award process, and/or for purposes of determining that vendor’s ability to serve bid participants in a responsible manner.

17. “Or Equal”: In all Specifications, the words “or equal” are understood after each article, or on any patented article. The decision of the BOCES as to whether an alternate or substitution is in fact “equal” shall be final. If Bids are submitted on items other than those specified, the Vendor must in every instance give the trade designation of the article, manufacturer’s name, and detailed specifications of the item proposed to furnish. Otherwise, the Bid will be construed as submitted on the identical item as specified.

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

19. If it is determined that the vendor is distributing items, that in the opinion of the BOCES are identified as outdated, non-conforming to the item specifications, or creates the potential for health or injury risk, the BOCES reserves the right, if necessary, to address such issues with the vendor and take appropriate action including, but not limited to, vendor disqualification for those particular item(s).

20. Vendor(s) providing goods or services that do not conform with the specifications provided, or in the case of an alternate item award, to the description indicated by the vendor, may be rejected and returned at vendor’s risk and expense. Items returned to the vendor will be purchased elsewhere and the excess cost will be charged to the vendor.

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

22. At the time of bid submission, any known item(s) listed on the “Bidder’s Response Sheet” that can be identified as being a potential “Special” or “Custom” order must be clearly identified as such. Vendors must also indicate, if need be, any special procedures that would be required on the part of OCM BOCES in the procurement of such items.

23. Descriptive Literature: Proposals to furnish an item of manufacture other than that specified must be accompanied by the name of the manufacturer, brand name, catalog number, cuts, prints, illustrations or photographs showing full details and supplemented with complete information as to how the items differ from that specified.

24. All literature must be clearly marked to reference the item, as found in the bid sheet.

NOTE: Bids that do not contain clearly marked literature and complete information detailing how the items differ from that specified may not be considered for award.

25. The Board of Cooperative Educational Services reserves the right to request reports from the awarded vendor(s) of quantities purchased for specific items under this bid or if need be previous bids. Although it is not mandatory, OCM BOCES prefers to receive such reporting in an electronic format (MS Word, Excel, etc.).

AWARD/REJECTION SPECIFICS

26. All Bids received after the time stated in the Notice to Bidders will not be considered and will be returned unopened to the Vendor. The Vendor assumes the risk of any delay in the mail or in the handling of the mail by employees of BOCES. Whether sent by mail or by means of personal delivery, the Vendor assumes responsibility for having the Bid deposited on time at the place specified.

27. Samples: The BOCES reserves the right to request a representative sample product and/or services 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/BOCES may reject the Bid; or, if the Award has been made, cancel the Contract at the expense of the Successful Vendor.

28. Award: Proposals received from vendors before the date and time of the opening will be reviewed and evaluated for purposes of determining which vendor(s) can best suit the needs of the participant(s). Award(s) will be made to the lowest responsive and responsible Vendor(s). The BOCES reserves the right to award this bid on either an "item" basis or an "entire bid" or by grouping one or more of various items.

29. Rejection of Bids: The BOCES reserves the right to reject any or all Bids. Also reserved is the right to reject, for cause, any Bid in whole or in part; to waive technical defects; qualifications, irregularities; and omissions if in its judgment the best interests of the participants will be served. Also reserved is the right to reject Bids and to purchase items on State or County Contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price. OCM BOCES reserves the right to reject any or all bids, to waive such informalities or to accept equivalent bids where it is determined to be in the best interest of the Onondaga-Cortland-Madison BOCES and the participating component districts.

30. The BOCES reserves the right to reject any and all Bids not deemed for the best interest of the participants and to reject as informal such Bids, as in the opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind including unbalanced Bids. By an unbalanced Bid, it is meant one in which the amount submitted for one or more separate items is substantially out of line with current market prices for the products, services, materials and/or work covered thereby.

31. The BOCES reserves the right to make Awards within 60 days after the date of the Bid opening during which period Bids may not be withdrawn unless the Vendor distinctly states in the Bid that acceptance thereof must be made within a shorter specified time.

32. If two or more Vendors submit identical Bids as to price, the decision of the Board to award a Contract to one of such identical Vendors shall be final (General Municipal Law, sec. 103, sub. 1). Determination of the awarded vendor in an identical bid situation is made by a coin toss.

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

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

INSURANCE & LEGAL REQUIREMENTS

35. The Non-Collusive Bidding Certification must be included with each Bid as required by General Municipal Law, section 103-d. The enclosed form “Bid Proposal Certifications” meets this requirement when signed and submitted as part of the bid response package.

36. Vendor shall comply with all applicable laws, ordinances, rules, regulations, decisions, orders and requirements of governmental authorities and courts as well as all of the conditions and provisions set forth herein including but not limited to the provisions set forth herein.

37. Contract Terms: These specifications, including but not limited to the provisions that follow, will become part of any "contract" forms that may be required and will take precedence over any other terms or conditions submitted by the bidder. Any agreement resulting from this Bid shall be governed by and construed under the laws of the State of New York.

38. Safety Data Sheets (SDS): Safety Data Sheets must accompany every shipment for all items having an established SDS, as set forth by the New York State Right to Know Law enacted in 1970, and the Federal Hazard Communications Standard enacted in 1983. Vendors not supplying SDS sheets may be declared an unresponsive bidder for future bids.

39. Subcontractors: By submission of a bid, each bidder certifies that it and each of its subcontractors have completed any required New York State Public Work Contractor and Subcontractor Registry registration in accordance with the New York State Department of Labor requirements.

40. Independent Contractors: For the purposes of this contract, the Contractor shall be considered an independent contractor and hereby covenants and agrees to act in accordance with that status, and the Contractor, the employees and agents of the Contractor shall neither hold themselves out as, nor claim to be, officers or employees of OCM BOCES, and shall make no claim for, nor shall be entitled to, workers' compensation coverage, medical and unemployment benefits, social security or retirement membership benefits from OCM BOCES.

41. This Bid and any Contract formed in connection with this Bid shall be governed by the Laws of the State of New York, and disputes shall be venued in a court of competent jurisdiction in Onondaga County, New York, and the parties hereby consent to personal jurisdiction in any such court.

42. Fingerprinting: Successful Vendor shall have any individuals providing services who will have a direct contact with students to furnish fingerprints and submit to a criminal background check and clearance by the State Education Department’s Office of School Personnel Review and Accountability (OSPRA) prior to performing services. This requirement includes, but is not limited, to completing paperwork and filing such paperwork with an appropriate agency, e.g., BOCES, for the purpose of submitting fingerprints for criminal clearance. The Successful Vendor shall be solely responsible for any costs associated with the required fingerprinting and criminal clearance.

43. Insurance: Successful Vendor shall comply with the insurance requirements attached hereto as Appendix D.

44. Insurance: The Successful Vendor guarantees to carry adequate insurance to protect the participants from loss in case of accident, fire, theft, etc. Vendors shall maintain adequate insurance to protect them from all claims under the Workers’ Compensation Act. If requested, a Certificate of Insurance shall be submitted verifying Liability and Commercial Automobile Insurance coverage.

45. Prevailing Wage: Vendors will note that the prevailing wage rates, as determined by the NYS Bureau of Public Works Labor Department, are applicable for any installation work which may be required as part this bid. Certified payrolls must be submitted with final invoice.

46. Hold Harmless: To the fullest extent permitted by law, the Successful Vendor shall defend, indemnify and hold harmless OCM BOCES, its Board of Education, its representatives, agents, servants, employees, students, officers, departments and authorities, from and against all claims, injuries, demands, judgments, settlements, damages, losses, liabilities, costs and expenses of any kind or nature, including but not limited to litigation costs and attorney's fees, whether arising in law or in equity, all without any limitation whatsoever, arising out of or resulting from the Vendor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and which are caused, in whole or in part, by or because of any act or omission of the Vendor, directly or indirectly, and/or by the Vendor’s agents, servants, employees, subcontractors and/or any person or entity employed by the Vendor or for whose conduct or action the Vendor may be found or held liable, directly or indirectly.

In the event that the OCM BOCES is determined to be any percent negligent pursuant to any verdict or judgment, then the Contractor's obligation to indemnify OCM BOCES for any amount, payment, judgment, settlement, mediation or arbitration award shall extend only to the percentage of negligence of the Contractor or anyone directly or indirectly engaged or retained by it and anyone else for whose acts the contractor is liable. It is the intention of the parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law.

Further, the Contractor agrees to indemnify OCM BOCES in like regard in an action upon the contract between the parties and claims between the parties, including counsel fees and litigation costs and expenses. The terms of this agreement shall not be construed to negate, abridge or otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any party or person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford OCM BOCES the fullest possible protection and indemnity.

In the event that Contractor shall fail or refuse to defend, hold harmless and/or indemnify OCM BOCES against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to OCM BOCES for all expense, expenditure and cost incurred or to be incurred by OCM BOCES in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of OCM BOCES including al] attorney's fees, incurred in OCM BOCES pursuing a claim or suit or action against or recovering fees costs and expense from Contractor.

DELIVERY & PRICING

47. The participant reserves the right to cancel any or all items not delivered within 45 days of receipt of purchase orders (or a different time frame as indicated in the special conditions section).

48. Complaints: Both participants and vendors will submit all complaints in writing to the appropriate party(s) within four (4) days of any occurrence. The OCM BOCES Purchasing Office will maintain a file of all complaints that are submitted from both the vendor and OCM BOCES.

49. Buy Against Clause: Vendors will be afforded the chance to first rectify any complaint, concern or issue brought to them by a participant. When resolution of an issue is not imminent or poses a perceived risk to participant’s property or the health and safety of its staff and/or students, participants may immediately purchase products in the open market if the awarded bidder fails to deliver within the time specified, or fails to make replacements of items deemed unacceptable by the participating district. Participants reserve the right to authorize immediate purchase from other sources against late deliveries and rejections on any contract when necessary. On all such purchases the successful bidder(s) agrees to reimburse the participant promptly, or deduct from the participant’s current balance owed, if applicable, for excess cost occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference.

50. Estimated Quantities: The quantities for each Bid are indefinite, but estimates provided on the Bidder’s Response Sheet reflect anticipated requirements. Quantities listed are estimates only. Actual quantities may be less or greater than listed. The Contract, however, shall be for the quantities actually ordered during the contract period. The Contractor must furnish all the quantities actually ordered. Quantities are listed for the entire contract period, orders will be placed throughout the contract period, NOT AS A LUMP SUM PURCHASE.

51. Pricing: Bid prices will remain firm for the contract period and are to be Free on Board (F.O.B) delivery location. Bid pricing must include all shipping, handling, freight, delivery, installation (unless otherwise indicated), hazardous materials handling fees, and other distribution charges to the participating “ship-to” locations. No additional charges will be allowed. A list of participating delivery locations is included in Appendix A Section of the bid package.

52. Taxes: No charge will be allowed for Federal, State, or municipal sales and excise taxes that participants are exempt. Prices shall be net delivery location and shall not include the amount of any such taxes. Exemption certificates will be furnished directly by the participants upon request.

53. Substitutions: No substitutions of any bid items will be permitted without first having obtained the prior written/verbal consent of the participant. Should a participant approve a substitute item to be delivered, the vendor will charge the participant either the lower of the (1) the current bid price, assuming the substitute item is more expensive than the bid item, or (2) the current price of the substitute item, assuming it is less expensive than the bid price.

54. If the Successful Vendor is not able to provide the awarded goods and/or services under the conditions specified, the BOCES reserves the right to obtain the goods and services from an alternate vendor and the Successful Vendor will pay any difference in cost between the awarded bid price and the cost of obtaining the goods and/or services from the alternate vendor.

55. Price Escalation/De-escalation - In the event a contract extension is pursued with the awarded vendor, or should market conditions for particular item(s) dramatically change since the original bid award, vendors have the ability to provide OCM BOCES written documentation which supports the fact that there was an increase/decrease for an item, should the vendor receive a price increase/decrease from their manufacturer/supplier. Such market conditions may include tariffs which were inapplicable and unknown on the date the bid responses were due, but became applicable after such date. The bidder’s potential price change to OCM BOCES must be in line with the manufacturer’s increase/decrease. Bid participants will not be responsible for paying an adjusted bid price amount on a vendor’s invoice if it is discovered that the vendor did not provide adjustment documentation to OCM BOCES to support their claim, and obtain OCM BOCES approval to initiate the price change. Prior to initiating any pricing escalation/de-escalation, the vendor is required to provide a minimum of thirty (30) days advance written notice to OCM BOCES. OCM BOCES will make the final determination whether to accept a price change as requested by the vendor. OCM BOCES will notify participants of any pricing changes.

56. Minimum Order: There shall be NO minimum order amount. Every effort will be made to encourage participants to group purchase orders to vendors to minimize the costs involved. Invoice shall be sent to each participant per the information on the purchase order.

57. Payment: Payment will be made only after correct presentation of claim forms or invoices as may be required.

58. Credit Terms: Each participant will make payment according to their established payment terms and policies. All delivery and billing related concerns should be addressed to the participant. If it becomes necessary for a vendor to discontinue deliveries for non-payment, the participant must be notified at least fifteen (15) days in advance of such discontinuance. The vendor will also provide the participant with a detailed description of the circumstances and reasons for pursuing this course of action.

59. Sale Items: When a bid item appears on a company sales flyer or their website at a lower price, the lower price will apply to all bid participants.

60. Delivery: Delivery shall be made in accordance with the instructions as listed on the purchase order from each participant. Delivery times and frequencies will be made as agreed upon in advance between the participant and/or their designee and the vendor representative.

61. Special/Custom Orders: The awarded vendor will notify OCM BOCES within forty-eight (48) from the time the order is placed with the vendor if an item(s) is a “Special” or “Custom” order.

EXTENSIONS & TERMINATIONS/CANCELLATIONS

62. A Contract may be cancelled at the Successful Vendor’s expense upon non-performance of Contract.

63. Cancellation of Contract for any reason may result in removal of the Successful Vendor’s name from mailing list for future Bids for an indefinite period.

64. Non-Funding Termination: The BOCES and any participating school district shall have the right to terminate individual orders without further obligation as of the end of the then current fiscal year in the event that BOCES/participating school district fails to get a budgetary appropriation for the continuation of individual orders for any subsequent fiscal year. The BOCES/ participating school district shall give bidder written notice of termination at least sixty (60) days prior to the end of the then current fiscal year. This contract shall be deemed executor 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 purchaser beyond the amount of such monies. It is understood that neither this contract nor any legal or moral obligation to request, appropriate or make available monies for the purpose of this contract.

65. Extension: OCM BOCES reserves the right to extend the terms and conditions of this proposal for a period no greater than one (1) year; not to exceed four (4) years from original date of award, upon mutual consent of the BOCES and the awarded vendor(s).

66. Termination of the contract can be made on the anniversary date of the bid award by OCM BOCES upon 30 day written notice. OCM BOCES reserves the right to terminate portions of the bid awarded to vendors due to non-performance at any time during the year with a 30-day written notification.

Note: A Non-Collusive Bidding Certification must be submitted with each bid. The enclosed form, “Bid Proposal Certifications,” meets this requirement.

SPECIAL CONDITIONS

1. The Onondaga-Cortland-Madison BOCES Cooperative will receive bids for: RFB-226-20 - Welding Supplies & Equipment in the Conference Room at Onondaga-Cortland-Madison BOCES, 110 Elwood Davis Road, Liverpool, NY 13088 at 1:30 PM on September 10, 2025 as stated in the Notice to Bidders.

2. Vendors are invited to bid as outlined herein. Bids are advertised and bid sheets are made available to prospective bidders either by mail or via the OCM BOCES Business Office.

3. This bid period will be from August 27, 2025 to 1:30 PM on September 10, 2025.The contract resulting from the bid will commence on October 1, 2025 and expire on December 31, 2025 (THREE [3] MONTHS). OCM BOCES reserves the right to extend the terms and conditions of the contract for a period no greater than one (1) year; not to exceed four (4) years from original date of award, upon mutual consent of the BOCES and the awarded vendor(s).

4. All bid proposals shall be binding from October 1, 2025 to December 31, 2025 (THREE [3] MONTHS)., except where it is specifically excluded in writing by the bidder in the original bid submission.

5. All quantities are estimated for the period October 1, 2025 to December 31, 2025 (THREE [3] MONTHS).. Note that these estimates do not constitute a guarantee to purchase. Actual quantities purchased may be less than or greater than estimated quantities listed on the “Bidder’s Response Sheet”.

6. All Materials included in this bid are to be purchased as needed during the time period October 1, 2025 to December 31, 2025. Estimated quantities are listed for the ENTIRE contract period and will NOT be purchased as a lump sum order.

7. For bids including welding supplies: the awarded vendor must provide delivery of welding supplies and tools within two (2) weeks following receipt of order (phone or written) from the participant. The two (2) weeks delivery time frame is not applicable to orders for metal, piping and steel.

8. For bids including welding gases: the awarded vendor must provide delivery of welding gases within forty-eight (48) hours following receipt of an order (phone or written) from the participant.

9. Vendor’s bid pricing must include all fees (i.e., hazardous material handling, demurrage, transportation, delivery, maintenance, re-qualification, and other industry related charges).

10. No additional line item charges of any kind will be permitted on invoices other than the Bid Price per Unit of Measure and the Cylinder Rental per Day, where applicable.

11. Bid pricing will remain firm during the contract period for all supplies, materials, tools, kit items, gases and cylinder rental charges.

12. Vendor’s bid pricing will be inclusive of all freight charges and reflect inside delivery to the participant locations specified and any installation costs, if applicable, except as otherwise stated in this invitation to bid.

13. Vendors will note that OCM BOCES Crown Road Campus, Liverpool, NY and Cortlandville Campus do not have a loading dock or access to a forklift or equipment to load/unload steel/metal/piping deliveries.

14. Price Escalation/De-escalation – (ONLY for purchases of steel/metal/piping)

Vendor’s steel/metal/piping pricing will be firm for the first thirty (30) days of the contract period.

After the initial 30 day period referenced above where pricing is firm, should market conditions for a particular item(s) change since the original bid award, or if a contract extension is pursued with the awarded vendor, vendors have the ability during the contract extension period to escalate/de-escalate pricing for a particular item they were awarded, in the event they receive a price increase/decrease from their manufacturer or supplier.

In this situation, the vendor is required to provide OCM BOCES documentation which supports the fact that there was an increase/decrease for an item. The vendor’s price change to participants must be in line with the manufacturer's increase/decrease to the vendor.

Bid participants will not be responsible for paying an adjusted bid amount on the vendor's invoice if it is discovered that the vendor did not first provide adjustment documentation to OCM BOCES prior to issuing such a price change.

Prior to initiating any price escalation/de-escalation, the vendor is required to contact OCM BOCES first to discuss.

BIDDER’S INSTRUCTIONS

1. Read all documents contained in the bid specification package.

2. Bidders are responsible for submitting their bids to the appropriate location at, or prior to, the designated time in the Notice To Bidders. No bids will be accepted after that designated time. It is suggested, but not necessary, that overnight delivery services be used to submit bids. Delay in mail delivery is not an exception to the deadline for receipt of bids. Shipping labels are provided in Appendix B.

3. For unexpected closures or other unforeseen emergencies that result in the closing of the OCM BOCES Purchasing Office on the scheduled Bid submission due day, the bid submission deadline will be automatically rescheduled for the same time, on the next day that the OCM BOCES Purchasing Office is open.

4. Shipping labels are provided in Appendix B, if not using the labels, Bidders are responsible for indicating on the envelope containing their sealed bid, the following information:

· Name and number of bid

· Date and time of bid opening

· Your company's name and address

5. Vendors must return the following signed and dated documents with their bid proposal (where applicable):

· Bidder’s Information Sheet, W9

· Bid Proposal Certifications / Non-Collusion Statement

· Iranian Energy Divestment Certification

· Bidder’s Acknowledgement of Terms and Conditions Sheet

· Bidder’s Exclusions Page, if applicable

· Bidder’s Response Sheet

· References (Appendix C), optional unless otherwise noted in Special Conditions section

· Certificate of Insurance in compliance with Appendix D, if applicable

BIDDER’S INFORMATION SHEET

Bidder’s Name:

Address:

City/State/Zip:

Phone: Fax:

Contact Person: eMail:

*Please attach a W-9 form along with the rest of the required documentation in the bid packet.

NON-BIDDERS RESPONSE

BID NAME:__________________________________________________

BID NUMBER: _______________________________________________

The Onondaga-Cortland-Madison BOCES is interested in the reasons why prospective bidders choose not to submit bids. If you are NOT submitting a bid in this proposal, please indicate the reason(s) by checking off one or more of the items below and return this form to us.

10. You may remove our name from the bid list for:

_____ This commodity group

_____ This item or material

_____ All bids

Company: _____________________________________________________________

Address: _____________________________________________________________

Authorized Signature: ___________________________________________________

Date: __________________

BID PROPOSAL CERTIFICATIONS

Firm Name

Business Address

Telephone Number Date of Bid

I. General Bid Certification The bidder certifies that he will furnish, the prices herein quoted, the materials, equipment and/or services as proposed on this bid.

II. Non-collusive Proposal Certification By submission of this bid proposal, the bidder certifies that he is complying with Section 103-d of the General Municipal Law as follows:

1. Statement of non-collusion in bids and proposals to political subdivision of the State. Every bid or proposal hereafter made to a political subdivision of the State or any public department, agency or official thereof where competitive bidding is required by statute, rule regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury:

Non-collusion Bidding Certification

(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.”

(b) A bid shall not be considered for award nor shall any award be made where (a), (1), (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a), (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph 1(a).

2. Any bidder hereafter made to any political subdivision of the State or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or good sold or to be sold, where competitive bidding is required by stature, rule, regulation or local law, and where such bid contains the certification referred to in subdivision 1 of the section, shall be deemed to have been authorized by the Board of Directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

Authorized Signature _____________________________________________

Title _________________________________________________

IRANIAN ENERGY DIVESTMENT CERTIFICATION

Pursuant to Section 103-g Of the New York State General Municipal Law

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

B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

Signature

Title

Date Company Name

BIDDER’S ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

The Board of Education reserves the right to award bids by total, group or individual items, whichever is in the best interest of the School District/OCM BOCES.

By signing below and submitting this bid for consideration by the Onondaga-Cortland-Madison BOCES, the vendor acknowledges that he/she has read, understood and agreed to all aspects of the General & Special Conditions, all appendices, the Iran Divestment Act and the Bidder’s response sheet as presented without reservation or alteration. The bidder, bidder’s affiliates, and any other agency that intercedes on the bidder’s behalf also agrees to hold OCM BOCES harmless and not responsible for any hardship that can or potentially could be caused, and subsequently impacts the bidder(s), as a result of this bid.

Authorized Signature

Print Name

BIDDER’S EXCLUSIONS PAGE

Please list any and all exceptions to the bid term and conditions, if applicable. Return this page with your Bid Form. Attach additional pages, if necessary.

AUTHORIZED SIGNATURE:

DATE:

APPENDIX A: Bid Participant & Delivery Addresses

OCM BOCES Main Campus – Adult Education 110 Elwood Davis Road Liverpool, NY 13088

OCM BOCES Thompson Road Campus 6820 Thompson Road Syracuse, NY 13211

OCM BOCES Cortlandville Campus 1710 State Route 13 Cortland, NY 13045

Fayetteville Manlius Central School District 8199 East Seneca Turnpike Manlius, NY 13104

APPENDIX B: Mailing Labels

Mailing Label – Vendors may cut out and affix one of the mailing labels below to the outside of their envelope.

Via US Mail –

Attention: Purchasing Dept.

Onondaga-Cortland-Madison BOCES P.O. Box 4754 Syracuse, NY 13221

RFB-226-20 Welding Supplies & Equipment

Bid Opening: 1:30 PM on September 10, 2025

Federal Express – No PO Box

Attention: Purchasing Dept.

Onondaga-Cortland-Madison BOCES 6820 Thompson Road Syracuse, NY 13211

Physical Address for Drop-Off ONLY – DO NOT SHIP TO THIS ADDRESS

Attention: Purchasing Dept.

Onondaga-Cortland-Madison BOCES 110 Elwood Davis Road, Liverpool, NY 13088

APPENDIX C: References

Optional (unless otherwise noted in Special Conditions section): List at least three (3) references from school districts/BOCES for which the Bidder has previously provided equipment/services of a similar nature.

Name: ___________________________ Address: _________________________ Contact Person: ____________________ Telephone #:______________________ Email:___________________________ Date of Contract _____________________

Contact Person: ____________________ Telephone #:______________________

Date of Contract ________________

Contact Person: ____________________ Telephone #:______________________

Date of Contract ____________________

APPENDIX D: Insurance Requirements

[NOT APPLICABLE FOR THIS BID, REFER TO GENERAL CONDITIONS SECTION]