RFB-25-036 Cosmetology Supplies.pdf

REQUEST FOR BIDS

for

Cosmetology Supplies

RFB #25-036

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES

900 WATERVLIET SHAKER ROAD

ALBANY, NY 12205

CAPITAL REGION BOCES

ATTN: LORI CATUCCI, PURCHASING AGENT

900 WATERVLIET-SHAKER ROAD

ALBANY, NY 12205

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

Email: lori.catucci@neric.org

RECEIPT CONFIRMATION FORM

RFB NUMBER: 25-036

TITLE: Cosmetology Supplies

PLEASE COMPLETE AND RETURN THIS CONFIRMATION FORM

AS SOON AS POSSIBLE:

IF YOU PLAN TO SUBMIT A BID, RETURN OF THIS FORM WILL ENSURE THAT

YOU WILL RECEIVE ALL FURTHER COMMUNICATION REGARDING THIS RFB.

Company Name:_________________________________________________________________

Address:_______________________________________________________________________

City: _______________________________________State:_____________ Zip Code: ________

Contact Person: _________________________________________________________________

Title: _________________________________________________________________________

Phone Number: _____________ Fax Number: _________________

E-Mail Address: _________________________________________

If a Bidders’ meeting has been arranged for this RFB, please indicate if you plan to attend:

� Yes / � No

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

Email: ________________________________

Other: ________________________________

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES

900 WATERVLIET SHAKER ROAD

Fax: (518) 862-4949

NON-BIDDER RESPONSE

RFB #25-036 Cosmetology Supplies

Capital Region BOCES is interested in the reasons why bidders fail to submit bids. Please indicate your reason(s) by checking all appropriate item(s) below and returning this form to the above address.

Could not meet specifications or Scope of Services.

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

Insurance requirements are too restricting.

Bond requirements are too restricting.

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

Project not suited to firm.

Quantities too small.

Insufficient time allowed for preparation of bid.

Other reasons; please state and define:

Vendor Name:

Contact Person:

Vendor Address:

Vendor Telephone:

NOTICE TO BIDDERS

RFB #25-036

The Board of Cooperative Educational Services (BOCES), Sole Supervisory District of Albany, Schoharie, Schenectady, Saratoga Counties, in accordance with Sections 103, 104b and 119-0 of the General Municipal Law, hereby invites the submission of sealed bids for RFB-25-036 for Cosmetology Supplies. Bids shall be received by Thursday, March 6, 2025, at 2:00 P.M.

local time at the Capital Region BOCES Purchasing Office, 900 Watervliet Shaker Road, Albany, NY 12205.

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

Lori Catucci Purchasing Agent

Publish One Day- The Daily Gazette – February 13, 2025 https://www.bidnetdirect.com/new-york mailto:lori.catucci@neric.org

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES

900 WATERVLIET SHAKER ROAD

ALBANY, NY 12205

BID DISTRIBUTION- IMPORTANT NOTICE

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

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

SECTION 1: BID IDENTIFICATION

1.1 Title Cosmetology Supplies

1.2 Bid Number: 24-035

1.3 Requesting Divisions: Capital Region BOCES Career and Technical Education

Centers.

SECTION 2: INTRODUCTION

2.1 The intent of these specifications is to furnish information to responsible bidders for the purpose of obtaining bids for Cosmetology Supplies as requested by Capital Region BOCES Career and Technical Education Centers.

2.2 Complete sets of the Bidding Documents may be obtained or examined as stated in the

Notice to Bidders. Complete sets of Bidding Documents must be used in preparing bids.

Capital Region BOCES does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Capital Region BOCES reserves the right to reject any or all bids in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

2.4 This RFB does not commit the BOCES to pay any costs incurred in the preparation or submission of bids.

2.5 Any factual information contained in this RFB is for informational purposes only and is subject to independent verification by the bidder.

SECTION 3: SUBMISSION OF BIDS

3.1 Bids and any other required documents must be submitted, sealed in an opaque envelope, plainly marked with the name and number of the bid and the name and address of the bidder, and accompanied by the required documents. Bids must be received no later than 2:00 P.M. LOCAL TIME ON THURSDAY March 6,, 2025, at the following address:

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

3.2 Unexpected Closures Due to Weather, Emergencies

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

SECTION 4: TERM OF BID

4.2 4.1 The bid shall be in effect for the one-year period of July 1, 2025 through June 30, 2026. Prices shall remain firm for the entire bid term.

4.3 At the end of the initial one year bid term, upon mutual agreement of Capital Region BOCES and the Contractor, the bid may be renewed for one (1) additional year, in a consecutive one-year term.

4.4 Prices shall remain firm for the initial bid term. Only upon renewal, pricing may be adjusted consistent with the process described in Section 34: Price Redetermination.

SECTION 5: SCHEDULE

5.1 The anticipated schedule of key events with regard to this bid process is as follows:

RFB Issued February 13, 2025 Request(s) for Content Clarification(s) February 27, 2025 Bid due Date March 6, 2025 Board Award April 21, 2025 Purchase Order Issued July 1, 2025 Delivery of Product(s) by August 1, 2025 Contract Term July 1, 2025 – June 30, 2026 Optional Renewal Terms: July 1, 2026 – June 30, 2027

Note: The BOCES reserves the right to revise these dates.

SECTION 6: QUALIFICATION OF BIDDER

6.1 The BOCES desires that all bidders possess certain qualifications to ensure high quality product(s). Therefore, bidders must meet the following minimum requirements to be considered for an award under this RFB:

a. Bidder must have successfully provided product(s) of similar type and specifications to that to be provided to BOCES prior to the submittal of the bid.

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

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

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

Conditional bids will not be accepted.

6.3 Bidder must include at least three (3) Cosmetology Supplies customer references.

SECTION 7: EQUIVALENT GOODS

7.1 Manufacturers’ brand names, if listed in specifications, are provided to indicate minimum requirements and bidding may be on brands specified, or equivalent. Specifications shall be furnished by bidder to support product equivalency. In the event of any claim by any unsuccessful bidder concerning or relating to the issue of “equal or better” or “or equal”, the successful bidder agrees, that his own cost and expense, to defend such claim or claims and agrees to hold the BOCES free and harmless from any and all claims for loss or damage arising out of this transaction for any reasons.

SECTION 8: SPECIFICATION CLARIFICATION

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

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

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

mailto:lori.catucci@neric.org

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

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

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

SECTION 9: DISQUALIFICATION OF BIDDER AND REJECTION OF BIDS

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

a. Evidence of collusion among bidders.

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

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

d. Default or termination of other contracts or agreements.

e. Illegible or vague bids.

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

9.2 Late Bids

All bids received after the time stated in the “Notice to Bidders”, or the bid submission deadline as modified by formal addendum consistent with Section 8 of this Request for Bids, will not be considered and will be returned to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the BOCES.

Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. The date/time stamp in the Purchasing Office shall be utilized in all cases to determine the official time of receipt.

9.3 Damaged/ Illegible Bids

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

9.4 Irregular Bids

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

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

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

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

9.5 No oral, telephonic, electronic or faxed bids will be considered.

SECTION 10: MODIFICATION AND WITHDRAWAL OF BIDS

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

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

10.3 A bid my not be withdrawn or canceled by the bidder without justifiable cause following the date designated for the due date of bids, and bidder so agrees upon submittal of their bid.

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

SECTION 11: BID FLASH DRIVE

11.1 With this request for bids BOCES is providing the Vendor Bid Sheet/ Bid Proposal Form (Exhibit A-9) in Microsoft Excel format. With the bid submission, bidder shall provide the completed Vendor Bid Sheet/ Bid Proposal Form both in hard copy form and electronically in Microsoft Excel format, on a USB flash drive. Bidder shall not change the electronic file format of the bid proposal form. Any change in the electronic format will prevent the flash drive from being read by BOCES’ bid evaluation software and therefore, may result in the rejection of the bid.

SECTION 12: SUBMITTAL REQUIREMENTS

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

1. Bid Acknowledgement Form

2. Non-Collusion Affidavit

3. Iran Divestment Act of 2012 Certification

4. Bidder’s Statement on Sexual Harassment

5. Insurance Certification

6. References

7. Addenda Acknowledgement

8. Bidder’s Form of Contract

9. Vendor Bid Sheet/ Bid Proposal Form

10. Flash Drive and Printed copy of completed Excel Bid Sheet, Catalogs/Descriptive literature/MSDS Sheets/Other Information (To be supplied by bidder, if applicable).

12.2 A Bidder’s failure to provide all required documents with the bid submittal may result in rejection of the bid.

12.3 All information regarding brand, vendor catalog (stock #) and pricing, as well as substitute product information, must be included as per the bid sheet.

If substitute information is not provided, then it shall be assumed that the vendor is providing the product as per specifications in the same packaging requested and will be required to provide the requested item at the pricing offered upon delivery.

12.4 Signatures:

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

Facsimile, printed, or typewritten signatures are not acceptable.

SECTION 13: PREVAILING WAGE NOT APPLICABLE

SECTION 14: BID EVALUATION AND AWARD

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

14.2 The final selection will be made based on the BOCES determination of the lowest responsible and responsive bidder(s), meeting the specifications and the requirements of this RFB.

14.3 The BOCES reserves the right to award this contract on a per-item or aggregate basis, whichever is most beneficial to the BOCES. Bidders need not submit bids for all items listed to be eligible for an award of this contract.

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

SECTION 15: CONFIDENTIAL INFORMATION

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

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

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

FOIL.

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

SECTION 16: INSURANCE REQUIREMENTS

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

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

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

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

Liability For: Limits

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

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

RFB number must appear on insurance certificate.

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

16.4 No work shall be commenced under the contract until the successful bidder has delivered to the BOCES Purchasing Agent, or her designee, proof of issuance of all policies of insurance required. If at any time, any of said policies shall expire or become unsatisfactory to the BOCES, the successful bidder shall promptly obtain a new policy and submit proof of insurance of the same to the BOCES for approval. Upon failure of the successful bidder to furnish, deliver and maintain such insurance as above provided, the contract may, at the election of the BOCES, be forthwith declared suspended, discontinued or terminated. Failure of the successful bidder to procure and maintain any required insurance, shall not relieve the successful bidder from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful bidder concerning indemnification.

SECTION 17: GENERAL TERMS AND CONDITIONS

17.1 Award Notification

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

17.2 Contract/Agreement

The successful bidder’s submittal, when accepted by the BOCES either by formal letter of acceptance or Purchase Order, shall legally constitute acceptance and therefore, be subject to all the terms and conditions of the bid documents. Any and all ambiguities in bid documents, bid awards, contracts or related documents, including tariffs, shall be construed in favor of BOCES.

17.3 Purchase Orders

Purchase orders to initiate delivery of goods awarded under this RFB will be issued directly by the BOCES, participating school district, or other bid participants as identified in this RFB. Invoices shall be issued by the successful bidder directly to the ordering entity.

17.4Contract Administrator The BOCES will designate a contract administrator with responsibility to ensure compliance with all the contractual term and conditions, including, but not limited to, the inspection and acceptance of the product(s) provided. The contract administrator will serve as liaison between the BOCES and the successful bidder.

17.5Quantity Requirements Quantity requirements, if provided in this RFB, are estimates only and are not to be construed as minimum or maximum purchase quantities. It is understood that the estimated quantities of products may be increased, decreased or omitted, without in any way invalidating bid prices. BOCES reserves the right to place orders on an as needed basis throughout the bid term, at the awarded bid prices. There are to be no minimum order quantities or dollar amounts required by the bidder. Bids stipulating minimum quantity or dollar value orders will not be considered.

17.6 Delivery Terms and Conditions

a. Unless otherwise specified herein, all deliveries shall be made within 21 calendar days of vendor’s receipt of Purchase Order.

b.The Purchase Order shall designate the place of delivery. There will be scheduled hours and a specific location for product(s) deliveries which do not conflict with the BOCES peak traffic times. Delivery hours are between the hours of 8:30 a.m. and 3:00 p.m. except on holidays. Deliveries may not cause interference with BOCES operations.

c. All bid prices shall include freight and shall be quoted F.O.B. Destination, inside delivery. No additional charges such as fuel surcharges and hazardous material charges will be paid. Title and risk of loss shall not pass to the BOCES or participant districts, if applicable, until the BOCES or district actually receives and takes possession of the goods at the place of delivery.

d.Prior to payment, items furnished, or work performed will be inspected by the Purchasing

Agent or her designee to determine their conformity to specification. No payment will be made for items not meeting specification.

e. Bidder shall be required to deliver the product(s) at the designated location within the time indicated in the bid document. The BOCES and participant districts, if applicable, retain the right to purchase elsewhere and charge back to the bidder any increase if the bidder does not deliver within the time period indicated in this RFB.

f. Goods will be packaged, unless otherwise specifically designated in the specifications, in accordance with good commercial practices. Orders must be individually boxed by each purchase order issued within each shipping container and marked with the proper P.O number accordingly. Each shipping container shall be clearly and permanently packed and marked on the exterior as follows:

i. Name and address of successful bidder

ii. Name and address of receiving department and/or delivery location, teacher’s name and the BOCES/district purchase order number(s). Packing slips or other suitable shipping documents shall accompany each shipment and shall show the information stated in (a); (b); and descriptive information as to the items delivered and/or services performed including container number, total number of the containers (i.e., box 1 of 4 boxes); the number of the container bearing the packing slip, quantity, etc. The successful bidder shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. BOCES count or weight shall be final and conclusive in shipments not accompanied by packing lists. The successful bidder shall handle all claims with carriers and in case of damaged goods, shall ship replacement goods immediately upon notification by the BOCES of damage.

g.Goods delivered must fully comply with all provisions of the contract as to time of delivery, quality and the like. Goods supplied under this contract shall be subject to BOCES approval. If goods delivered do not fully conform and delivery time has expired, this shall constitute a breach and successful bidder shall not have the right to substitute conforming goods. Where the time for performance has not yet expired, the successful bidder may reasonably notify the BOCES of successful bidder’s intention to cure; may pick up defective goods; and may then deliver conforming goods within the contract time but not afterward unless extension was granted as previously provided. If defective goods are not picked up within five (5) workdays after notification, the defective goods will become a donation to the BOCES for disposition.

h.Bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The BOCES shall not be responsible, however, when practicable will note for the benefit of the successful bidder when packages are not received in acceptable condition.

i. The BOCES shall not accept any delivery on Saturdays, Sundays, or legal holidays.

Special accommodations may be made on deliveries required for daily consumption in the event of an emergency.

j. All delivery, freight charges, fuel surcharges and hazardous material surcharges (FOB

BOCES designated location) shall be included in the bid prices. No additional charges will be paid.

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

17.7 Payments

a. The BOCES will make payment only after receipt and acceptance by the BOCES of the product(s) ordered.

b.Vendor invoices shall show the purchase order number and shall be mailed to the

Divisions as indicated on the Purchase Order.

c. Payment terms extended to the BOCES and districts shall be no less than 30 days from date of invoice.

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

e. The BOCES shall not pay any additional freight, minimum order charges, fuel or other surcharge or delivery charges.

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

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

h.The BOCES is exempt (tax-exempt #14-6009582) from federal, state, and municipal sales/excise taxes. Therefore, bid price shall not include any such taxes.

i. The BOCES requires the vendor and the vendor agrees to pay suppliers within ten (10) days after the vendor receives payment from the BOCES.

SECTION 18: CONFLICT OF INTEREST

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

SECTION 19: VENUE

19.1 This RFB will be governed and construed according to the laws of the State of New York.

By submission of a bid all bidders agree that the Supreme Court, State of New York, County of Albany, the United States District Court, Northern District of New York shall be the venue for any actions brought under this RFB.

SECTION 20: ADVERTISING

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

SECTION 21: INTERFERENCE

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

SECTION 22: TERMINATION RIGHTS BY THE BOCES

22.1 The BOCES reserves the right to terminate the contract immediately in the event the successful bidder fails to meet delivery or completion schedules, or otherwise perform in accordance with these specifications. Breach of contract or default authorizes the BOCES to award to the next lowest bidder or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder.

22.2 BOCES may terminate the contract without cause upon thirty (30) day’s written notice.

SECTION 23: REPRESENTATIONS

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

SECTION 24: CUMULATIVE RIGHTS

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

SECTION 25: INDEMNIFICATION

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

SECTION 26: DEFAULT

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

SECTION 27: PATENTS/ COPYRIGHTS

27.1 The successful bidder agrees to protect the BOCES from claims involving infringements of patents and/or copyrights. By submission of this bid and as part of the awarded contract for sale, the bidder agrees to ascertain whether goods manufactured according to the specifications will cause the rightful claim of any third person by way of infringement or the like. The BOCES makes no warranty that the production of goods meeting the specification will not cause such a claim, and in no event shall the BOCES be liable to the bidder for indemnification should the bidder be sued on the grounds of infringement or the like. If the bidder is of the opinion that an infringement or the like will result, the bidder will notify the BOCES to this effect in writing within two (2) weeks after the award of the contract. If the BOCES does not receive notice and is subsequently held liable for the infringement or the like, bidder will save the BOCES harmless. If the bidder in good faith ascertains that production of the goods according to the specifications will result in infringement or the like, the awarded contract shall be null and void.

SECTION 28: REMEDIES

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

SECTION 29: ETHICS

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

SECTION 30: COMPLIANCE

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

SECTION 31: DRUG FREE/ SMOKE FREE

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

SECTION 32: NON-DISCRIMINATION REQUIREMENTS

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

The following person has been designated to handle inquiries regarding the non-discrimination policies: Nicole Yamin, compliance officer/coordinator, at nicole.yamin@neric.org (518) 862-4943 or 900 Watervliet-Shaker Road, Albany, NY 12205. Inquiries concerning the application of the Capital Region BOCES non-discrimination policies may also be referred to the U.S. Department of Education, Office for Civil Rights (OCR), 32 Old Slip, 26th Floor, New York, NY 10005, telephone (646) 428-3800 (voice) or (800) 877-8339 (TTY).

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

SECTION 33: WARRANTIES

33.1 Warranty

The successful bidder shall warrant that all product(s) shall conform to the proposed specifications, drawings, descriptions listed in the RFB, sample(s) furnished by bidder, if any, and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. The successful bidder will not limit or exclude any implied warranties and any attempt to do so may render that awarded contract void at the option of the BOCES. In case of conflict between specifications, drawings and descriptions, the specifications shall govern.

33.2 Safety Warranty

Successful bidder warrants that the product(s) offered shall conform to the standards declared by the U.S Department of Labor under the Occupation Safety and Health Act of 1970, as amended. In the event the product(s) does not conform to OSHA standards, the BOCES may require the product(s) to be redone at no additional expense to the BOCES.

In the event the successful bidder fails to make the appropriate correction within a reasonable time, any corrections already made by the BOCES shall be at the successful bidder’s expense.

SECTION 34: PRICE REDETERMINATION

34.1 A price redetermination may be considered by the BOCES only at anniversary date and upon extension of the contract for an additional term as specified in the bid documents and shall be substantiated in writing (i.e., Manufacturer’s direct costs, postage rates, Federal /State minimum wage law; Federal/State unemployment taxes; F.I.C.A; Insurance Coverage Rates; etc.). The current Consumer Price Index for all Urban Consumer (CPI- U), and/or the applicable Producer Price Index (PPI), as published by the Bureau of Labor Statistics for the U.S. Department of Labor, New York State average may be used as a basis for evaluation of reasonableness of any price redetermination request. These mailto:nicole.yamin@neric.org statistics will be referenced for negotiable purposes only; therefore, a bidder is not to interpret that 100% of the index rate will be applied. All requests for price redetermination with written substantiation must be submitted to the BOCES at the time of notification of extension. BOCES reserves the right to accept or reject part or all of the price redetermination request, as it deems to be in the best interest of the BOCES.

SECTION 35: SAMPLES

35.1 The BOCES reserves the rights to request a representative sample of the item(s) bid either prior to the award or before shipments are made. If samples provided are not in accordance with the specifications, the BOCES may reject the bid, or if awarded, rescind the award. When requested, samples shall be furnished free of charge and accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the return address, provided they have not been used of made useless by tests.

Bidder shall also provide shippers’ call tags for samples to be returned.

SECTION 36: EXECUTORY CLAUSE

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

SECTION 37: EXTENSION OF BIDS TO ALL MUNICIPALITIES AND AUTHORIZED

DISTRICTS LOCATED IN THE STATE OF NEW YORK

37.1 It is the intent of this Request for Bids that all municipalities and districts located in the State of New York, be entitled to make purchases of materials, equipment or supplies from the resulting the bid award. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the BOCES and the awarded Bidder.

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

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

37.4 All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment directly to the successful Bidder.

37.5 Upon request, participating entities must furnish the successful Bidder with the proper tax exemption certificates or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

37.6 The sole responsibility in regard to performance of the bid, or any obligation, covenant, condition or term thereunder by the successful Bidder and the participating entities will be borne and is expressly assumed by the successful Bidder and the participating entities and not by Capital Region BOCES. In the event of a failure or breach in performance of any such bid by a participating entity or the successful Bidder, Capital Region BOCES specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Capital Region BOCES centralized bid.

SECTION 38: SAVINGS/ FORCE MAJEURE

38.1 The awarded bidder shall not be responsible for its delay or failure to perform if neither the fault nor negligence of the bidder, its officers, employees, or agents contributed to such delay or failure to perform, and bidder’s delay or failure to perform is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause beyond the control of the bidder, or for any of the foregoing which affect subcontractors or suppliers and no alternate source of supply is available to the bidder. Within five business days of becoming aware of such cause, bidder shall notify the BOCES Purchasing Agent of the delay or potential delay and the cause(s) thereof. In the event performance is suspended or delayed, in whole or in part, by reason of any of the aforementioned causes, and proper notification is given to the BOCES Purchasing Agent, the BOCES may:

a. Purchase from other sources without recourse to and by the bidder for the costs and expenses thereof to replace all or part of the products which are the subject of the delay, which purchases may be deducted from any applicable contract quantity; or

b. Terminate the contract or the portion thereof which is subject to delivery delays and thereby discharge any unexecuted portion of the contact or relative part thereof.

38.2 In addition, the BOCES Purchasing Agent reserves the right, in his/her sole discretion, to exercise aforementioned options (a) and/or (b), should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (1) the volatility is due to causes outside the control of the bidder; (2) the volatility affects the marketplace or industry, not just the particular contract source of supply; (3) the effect on pricing or availability of supply is substantial; and (4) the volatility so affects the bidder’s performance that continued performance of the contract would result in a substantial loss.

SECTION 39: FINGERPRINTING

39.1 Fingerprinting clearance is required by the New York State Department of Education (SED) for all contractors’ employees and subcontractors providing services pursuant to this RFB, who will have direct student contact on more than 5 days in a school year, whether alone or with employees of the BOCES or school district. Prior to commencement of work, and at no additional cost to the BOCES, the Contractor will provide documentation of fingerprinting clearance for all staff who will be performing services onsite at times and locations where students may be present. Additionally, the Contractor shall immediately notify the BOCES if any individual subject to fingerprinting clearance has been arrested and charged with a felony or misdemeanor in any jurisdiction.

Capital Region BOCES RFB #25-036: Cosmetology Supplies

General Specifications

1. Introduction:

Capital Region BOCES requires Cosmetology items and related products, as more fully described herein, for cosmetology programs administered in its Career and Technical Education schools.

2. Equivalent Items

Bidding shall be on the items as specified or equivalent items.

If bidding "or equal" items, the bidder shall provide a catalog, picture/cut sheet, or sample of each component which is being substituted, with the bid submission. If providing a catalog, the catalog item number and corresponding page number showing the item offered shall be referenced on the bid sheets for evaluation purposes.

3. Bid Submission Instructions

Bidder shall complete and return the Bid Form document (pages BF1-BF3) and Exhibits A-1 – A-10.

a. Exhibit A-9: Itemized Bid Proposal

Exhibit A-9 is the list of specific items and quantities which the BOCES intends to purchase. It is anticipated that a majority of the awarded items will be ordered in a bulk order placed after July 1st.

Pricing for these items must be completed and submitted in the Excel spreadsheet provided. Both a printed copy of the completed Exhibit A-9, as well as an electronic copy on a USB flash drive shall be submitted with the vendor’s bid.

Spreadsheet Completion Instructions:

If bidding the product exactly as requested – i.e., NO CHANGE to brand or Unit of Measure (UM), bidder shall complete the Unit Cost column and the Vendor Catalog Number/ Brand column.

If bidding an item with a different brand or Unit of Measure (UM) than what is specified, the bidder shall complete the “Substitute” item columns on the bid sheet:

Substitute Description (Please be sure to include both the catalog number and the brand of the item.)

Substitute UM Substitute Unit Cost Substitute Quantity (if necessitated by change to Unit of Measure)

Quantities must be stated in whole number values; fractional cases or package quantities are not acceptable.

Example: bid item requests 5 cases of shampoo in case pack of 12-32 oz. bottles –

Requirement is 1920 total oz. (5 cs. x 12 bottles x 32 oz./bottle).

Substitute pack size is 6-48 oz. bottles = 288 total oz.

Total requirement 1920 oz. / 288 oz. = 6.66 cases Quantity must be changed to 7 cases.

b. Exhibit A-10: Discount Bid Proposal

During the term of the bid, BOCES may require various items which are not on the itemized bid sheets. To accommodate such purchases, BOCES requests discount pricing terms.

Discount terms may be offered from the Bidder’s catalog or website, as well as from manufacturer price lists, catalogs, or websites. This section of the bid submission shall identify the discount offered as well as the base pricing source from which discount is calculated. Base pricing source may be a manufacturer’s price list, bidder’s price list, catalog, website, bidder’s standard retail /shelf price, or other reference as indicated by bidder. A copy of the base pricing source (ex.: website URL, catalog, or manufacturer price list) shall be included with the bid submission.

It is understood that discounts offered by bidder on Exhibit A-10 do not apply to the already-discounted pricing offered on the Itemized Bid Proposal (Exhibit A-9).

A Bidder may submit pricing on Exhibit A-9 (itemized), Exhibit A-10 (discount) or both.

4. Delivery Locations

Delivery shall be made to three Capital Region BOCES Career Technical Education campuses, at the addresses as follow:

Albany CTE 925 B Watervliet-Shaker Road Albany, NY 12205

BOCES CTE Extension Center 886 Watervliet Shaker Road Albany, NY 12205

Schoharie CTE 174 State Route 30A Schoharie, NY 12157

5. Group Awards

BOCES reserves the right to award items together for teaching requirements, for example: Dyes, Developers and Processing Solutions.

6. Delivery and Shipping Terms

Deliveries shall be made within 21 calendar days of vendor’s receipt of purchase order.

Shipping terms for all deliveries shall be FOB Destination, with no additional charge to the BOCES for freight or inside delivery.

7. Pricing

Itemized bid pricing and discount terms shall remain firm for the term of the bid period.

BF1

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES

900 WATERVLIET SHAKER ROAD

BID FORM

BID IDENTIFICATION:

Title: Cosmetology Supplies RFB Number: RFB-25-036

THIS BID IS SUBMITTED TO:

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

1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to accept a Purchase

Order for the goods described in the bid form and deliver said goods within the time indicated in this bid.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. This Bid may remain open for ninety (90) days after the day of Bid opening. .

3. In submitting this Bid, BIDDER represents, as more fully set forth in this Bid, that:

(a) BIDDER has examined copies of all the Bid Documents and addenda, and also copies of the Notice to Bidders and the Instructions to Bidders;

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

BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding: and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over the owner.

4. BIDDER will deliver the goods for the prices(s) as indicated in this bid submission, specifically Exhibit A-9 (Bid Proposal Form/ Vendor Bid Sheet)

5. BIDDER agrees to deliver the Goods within the number of calendar days or by the specific date indicated in the Bid.

BF2

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

A-1 Bid Acknowledgment Form A-2 Non-Collusion Affidavit A-3 Iran Divestment Act of 2012 Certification A-4 Bidder’s Statement on Sexual Harassment A-5 Insurance Affidavit A-6 Work…