RFB-226-27.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:

CAFETERIA PRODUCE PRODUCTS

RFB-226-27

for possible use by OCM BOCES, Cayuga-Onondaga 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, Liverpool CSD, Lyncourt UFSD, Marathon CSD, Marcellus CSD, McGraw CSD, Moravia 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 p.m. on the 21st day of October, 2025. On that date and time, bids will be publicly opened at Onondaga-Cortland-Madison BOCES, 110 Elwood Davis Road, Liverpool, NY 13088. The Board of Education reserves the right to reject any or all bids in whole or in part at the November 20, 2025 BOE meeting. Any bid accepted will be binding from December 1, 2025 – February 28, 2026 subsequent to date of bid award. 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 Email: Purchasing@OCMBOCES.org

Date: October 1, 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

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, and the attached Detailed Instructions, Specifications and Bid 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, Detailed 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, Detailed 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.

BIDS

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 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.

4. All information required by the Notice to Bidders, General Conditions, Special Conditions, Specifications, and Bid, in connection with each item against which a Bid is submitted, 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. The enclosed form “Bid Proposal Certifications” meets this requirement when signed and submitted as part of the bid response package.

6. 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.

7. 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.

8. 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.

9. 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.

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

11. 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.

12. “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.

13. 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.

14. 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 with this bid package.

15. 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.

16. 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.

17. 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 (electronically submitted) bids will not be accepted. Submissions via BidNet Direct (SOVRA) are accepted.

18. 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.

19. Samples: The BOCES reserves the right to request a representative sample products 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.

20. Award: Awards will be made to the Lowest Responsible Vendor, as will best promote the public interest, taking into consideration the reliability of the Vendor, the quality of the products and/or services to be furnished, their conformity with Specifications, the purposes for which required, and the terms of delivery.

21. 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).

22. 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.

23. 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.

24. 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.

25. 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.

26. Each Bid will be received with the understanding that the acceptance thereof in writing by the Board, 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.

27. 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.

28. Notification by mail or electronically of a Notice of Award or Purchase Order to a Successful Vendor, to the contact information given in the Bid, will be considered sufficient notice of acceptance of Contract.

29. 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.

30. 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.

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

32. 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.

33. 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.

34. 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.

35. 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.

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

37. The Successful Vendor shall not be held responsible for any losses resulting if the fulfillment of the terms of the Contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the Successful Vendor and which by the exercise of reasonable diligence is unable to prevent.

38. 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.

39. In addition to the General Conditions, the following Special Conditions & specifications listed below and on the “Bidders Response Sheet” must also be met. Where applicable, the Special Conditions will supersede the General Conditions.

40. Non-Funding Termination: The BOCES 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 fails to get a budgetary appropriation for the continuation of individual orders for any subsequent fiscal year. BOCES 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.

41. 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.

42. 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.

43. 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.

44. 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. .

45. 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. .

46. 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. .

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

48. 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). .

49. 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. .

50. 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. .

51. Extension: OCM BOCES reserves the right to extend the terms and conditions of this proposal for up to four (4) years, in one-year increments, from the contract termination date, upon mutual consent of the OCM BOCES and the awarded vendor(s).

52. Termination of the contract can be made on the anniversary date of the bid award by either the vendor or 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.

53. 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.

54. 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.

55. 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.

56. 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.

57. In the event of conflict between the General Conditions and the Special Conditions, the Special Conditions shall supersede the General Conditions.

58. 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.

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

SPECIAL CONDITIONS

CAFETERIA PRODUCE PRODUCTS

RFB-226-27

All Produce - Fruits and Vegetables must be domestic ONLY. NO IMPORTS.

(Only exception is bananas.)

The Onondaga-Cortland-Madison BOCES Cooperative will receive bids for: Cafeteria Produce Products, RFB-226-27 in the Conference Room at Onondaga-Cortland-Madison BOCES, 110 Elwood Davis Road, Liverpool, NY 13088 at the date and time stated in the Notice to Bidders.

· Specifications and conditions are for the 2025-2026 school year. The quantities indicated represent estimated total requirements for the contract term of three (3) months, commencing and ending December 1, 2025 – February 28, 2026. They are estimates only, and should not be construed to represent either maximum or minimum amounts to be purchased during the contract term. Products that are purchased for use during the contract period may be ordered prior to the beginning of the contract period. Bid prices shall be honored for those orders. Vendors are invited to bid as outlined herein. Bids are advertised and bid sheets are made available to prospective bidders either by mail or directly from the OCM BOCES Business Office. They are returnable as outlined herein. The bidders shall also submit, with each bid, a signed non-collusive statement.

· Award: This bid is designed to provide produce products to the participating schools districts as indicated in Appendix A. Refer to Appendix A for location information.

Because of the geographic positioning of OCM BOCES Component School Districts, this bid will be broken out into three (3) zones and further divided into sub-zones on which vendors are able submit bid pricing. Each bid participant is classified in a specific sub-zone. Vendors bidding a specific sub-zone must be able to service all participants. Award will be by sub-zone.

OCM BOCES encourages vendors to bid on as many entire zones and sub-zones as possible.

Zone 1 – Covers the following districts:

Sub-Zone

Zone 2 – Covers the following districts:

Sub-Zone

E. Cincinnatus, Cortland, DeRuyter, Homer, Marathon, McGraw

Zone 3 – Covers the following districts:

Sub-Zone

L. Cato-Meridian, Jordan Elbridge, Moravia, Port Byron, Union Springs, Southern Cayuga, Weedsport

· It is the intention of OCM BOCES at this time to award Bid RFB # 226-27 by Sub-Zone. In other words, there will be individual bid awards for each sub-zone listed above for all three Zones. OCM BOCES, acting in the best interest of participants, reserves the right to award this bid on an aggregate or groups-of-items basis.

· Delivery: Delivery shall be made in accordance with the instructions as listed on the purchase order from each participant.

All deliveries shall conform to current HACCP guidelines, and/or that of a recognized industry independent inspection Agency, such as Cook & Thurber or AIB International.

· All produce must be transported and delivered to bid participants in refrigerated trucks.

· All produce delivered must be fresh with reasonable shelf life.

· Minimum Delivery Amount – Participants agree that orders placed to the vendor will be at least $100.00.

· Vendors will make deliveries to participants on the day(s) and times mutually agreed upon by the vendor and the district Food Service Director or his/her designee. Vendors and participants will ensure that transportation directors, delivery personnel and outside truck drivers and common carriers are aware of the time restrictions of the deliveries.

· All bids are to be on the basis of delivery prepaid to the location designated and the materials are to be placed inside the building. No unattended deliveries will be accepted!

· Delivery containers used must be properly constructed and kept clean!

· Vendor route drivers will act in a courteous and professional manner at all times in their dealings with district food service personnel. No exceptions!

· Delivery slips shall contain the following information:

· Contract and/or purchase order number

· Name of article

· Item number

· Quantity

· Price

1. Out-of-Stock Items: At the time an order is placed and received at the vendor’s office, the vendor agrees to call the district within three (3) working hours concerning any out-of-stock items included in the order.

Substitution for an out-of-stock item may not be made without the advance approval of the District Food Director or his/her authorized representative.

If a district is forced to purchase out-of-stock items or items not meeting bid specifications from another vendor and no substitution can be made, the difference in price must be paid by the original vendor (Refer to “Buy Against Clause” section listed above). Vendors shall also indicate in their bid submission when a specific item on the bid would be a “special order” item and not available for immediate shipment upon receipt of order.

2. Damaged Products: During the scheduled delivery times, the vendor agrees to remove all damaged cases that are visible, all products found to be damaged upon opening and all products that do not meet specifications. The vendor will issue a credit to the participant for any damaged products received and which have not been used. Damaged goods not removed by the vendor as stated above will be regarded as abandoned, and the district shall have the right to dispose of them as its own property.

3. Bid Format: The bidder shall insert the price per stated unit and the extended price for each item in the bid form hereto attached which he or she proposes to furnish and deliver. In the event of a discrepancy between the unit price and the extended price, the unit price will govern. If the vendor’s product package is different from that specified in the bid description, the vendor shall calculate the price to fit the specification, and shall include the actual package size and price in the variance box. Vendors shall also include their brand name and product code for each item bid. Failure to include this information may cause rejection of the bid for that item.

4. Savings Clause: The successful bidder shall not be held responsible for any losses resulting from the delay of fulfillment of the contract terms by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent.

5. Bid Pricing: All bid prices quoted on the Bidder’s Response Sheet shall be held firm for the first 30 days from the start of the contract period. Prices are to be Free on Board (F.O.B) delivery location. A list of participating district delivery locations is included with this bid package. (Refer to Appendix A).

6. 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 contact OCM BOCES to discuss price escalation/de-escalation for specific item(s) they were awarded.

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, should the vendor receive a price increase/decrease from their mfg./supplier.

The vendor's price change to participating school districts must be in line with the mfg.'s increase/decrease to the vendor.

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 contact OCM BOCES first to discuss the situation. 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.

7. No charge will be allowed for cases, boxes, carboys, bottles or other containers or for freight or delivery expenses. Vendor’s bid pricing shall include all applicable delivery, freight, transportation, fuel and industry related charges.

8. Empty packages, cases, bottles, etc. shall be removed by the bidder or contractor at his own expense.

9. All bids received after the time stated in the Notice To Bidders 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 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.

10. Delivery containers used must be properly constructed and kept clean. The vendor at his option, may use a “disposable” or a “non-Disposable” type of delivery container. Such containers shall be of a “stack” type for convenience of storage. Delivery containers must be properly constructed to prevent spillage of contents.

The vendor understands that from time-to-time bid participants may ask to utilize delivery containers that sit on casters and can be rolled or pushed along. Should this situation occur, the vendor will make an effort to accommodate the bid participant in meeting their needs.

The method of packaging used must assure adequate protection from dirt, filth or other contamination.

Vendor delivery containers and property not removed from OCM BOCES/district locations 4 weeks from the initial date delivery will be considered as waste and disposed of appropriately. Bid participants will not assume any liability that may occur from the disposal of such items.

11. Inspection: Bid participants reserve the right to visit the awarded vendor’s plant/facilities at any time during the normal working day to ensure the vendor is compliant in following current HACCP, State and Federal guidelines.

12. Placement of Orders: Orders shall be placed in advance of delivery. In the event of a change in an order, the supplier will be notified not later than 2:30 p.m. the preceding day of delivery.

13. Receipting and Billing: A delivery receipt must accompany daily deliveries. All such receipts must be signed and dated by an authorized representative of the school district. Deliveries made to locations not designated on the delivery schedule or without a signed delivery receipt shall be considered as "non‑delivery." Monthly statements shall be received by each school district no later than five (5) working days following the preceding month and shall include:

Each delivery location shall be billed separately and totals prepared for the district.

IMPORTANT NOTES TO VENDORS:

MEASURES:

Unit measures must be adhered to as specified. Items not bid in the unit specified may NOT be considered for award.

COMPLIANCE: For the purpose of these specifications, all products shall be required to have been produced in facilities that are in full compliance with the current Federal; State and County health codes.

NON-COMPLIANCE: Finished products that fail to meet the specifications of this contract shall be rejected to the vendor and returned at vendor’s risk and expense. Where the vendor is unable to replace the rejected quantities within a sufficient time to meet the district’s schedule, the district shall have the right to immediately purchase the rejected items on the open market.

The continued failure on the part of the vendor to meet the terms of this contract constitute grounds for possible rescinding of award and cancellation of his/her portion of the contract.

School districts may purchase products under this bid that are funded by the Federal Government. Vendors please note the following:

CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS

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

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

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

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

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

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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

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

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

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

(J) See §200.322 Procurement of recovered materials.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]

School districts may purchase products under this bid that are funded by the Federal Government. Vendors please note the following:

BUY AMERICA PROVISION IN THE NATIONAL SCHOOL LUNCH PROGRAM

Buy American Provision Requirements. Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the National School Lunch Act (NSLA) (42 USC 1760(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodities or products. This Buy American provision supports the mission of the Child Nutrition Programs, which is to serve children nutritious meals and support American agriculture.

The Buy American provision applies to SFAs located in the 48 contiguous United States and is one of the procurement standards these SFAs must comply with when purchasing commercial food products served in the school meals programs. Although Alaska, Hawaii, and the U.S. territories are exempt from the Buy American provision, SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3). Likewise, SFAs in Puerto Rico are required to purchase food products produced in Puerto Rico in sufficient quantities, under 42 USC 1760(n)(4).

Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the U.S. and a food product that is processed in the U.S. substantially using agricultural commodities produced in the U.S. Report language accompanying the legislation noted that “substantially means over 51% from American products.” Therefore, over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically. Thus, for foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume as determined by the SFA.

For products procured by SFAs for use in the Child Nutrition Programs using nonprofit food service account funds, the product’s food component is considered the agricultural commodity. FNS defines food component as one of the food groups which comprises reimbursable meals. The food components are: meats/meat alternates, grains, vegetables, fruits, and fluid milk. Please refer to 7 CFR 210.2 for full definitions. Any product processed by a winning vendor must contain over 51% of the product’s food component, by weight or volume, from U.S. origin. This definition of domestic product serves both the needs of schools and American agriculture. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are considered domestic products under this provision as these products are from the territories of the U.S.

Implementing The Buy American Provision SFAs are reminded that for all procurement transactions for food when funds are used from the nonprofit food service account, whether directly by an SFA or on its behalf, procurement transactions must comply with the Buy American provision. Implementation of the Buy American provision should be done by: including Buy American in documented procurement procedures, State agency prototypes documents, and all procurement solicitations and contracts; including domestic requirements in bid specifications; contract monitoring; and verifying cost and availability of domestic and non-domestic foods using data in the USDA Agricultural Marketing Service’s (AMS) weekly market report at https://marketnews.usda.gov/mnp/fv-report-config-step1?type=termPrice.

The Buy American Provision Supports Local And Small Businesses Using food products from local sources supports local farmers and provides healthy choices for children in the school meal programs while supporting the local economy. Requiring compliance with the Buy American provision also supports SFAs working with local, or small, minority, and women-owned businesses as required by Federal regulations (see 2 CFR 200.321). FNS also encourages purchasing food products from local and regional sources when expanding farm to school efforts.

USDA Foods Comply With Buy American Requirements FNS encourages SFAs to maximize their use of USDA Foods, which comply with Buy American requirements. USDA Foods are domestic, and purchasing from 100% domestic origin sources is a longstanding USDA policy based on Section 32 of the Agriculture Act of 1935 (P.L. 74-320 as amended; 7 U.S. Code 612c). However, processed end products that contain USDA Foods need to meet the 51% domestic requirement, by weight or volume.

Limited Exceptions To The Buy American Provision There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting the “domestic” standard as described above (i.e., “non-domestic”) in circumstances when use of domestic foods is truly not practicable. These exceptions, as determined by the SFA, are:

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:

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