1
NOTICE TO BIDDER’S
of the Orleans/Niagara BOCES
Co/Op Athletic Supplies Bid:
There is no price escalation clause in this bid. Therefore it is expected that the pricing submitted by the vendor will remain in effect through December 31, 2009. The bid will be awarded in May 2009,
for an eight month period.
Nonassignment – Per section:1.5 Nonassignability, vendors are not allowed to assign their bid award (or the filling of the purchase orders). If a vendor intends that another vendor will supply the item, the supplying vendor should bid. District purchase orders must be made out to the vendor awarded the bid. All invoices must have the awarded vendor on them and can only be paid to the awarded vendor.
Only one bid/one set of pricing is allowed per vendor. Submission of more than one price per item, or submission of more than one choice per item will disqualify the submitted bid from consideration.
Please be advised that a vendor who cannot maintain its pricing and provide the products in accordance with the bid specifications may be disqualified as an irresponsible bidder.
ANY substitution of items MUST be noted and the substitution must have a description . NO substititutions will be accepted for items noted ‘NO SUB’. There are comparable items elsewhere on the bid. Failure to adhere to this requirement may result in disqualification as an irresponsible bidder.
I, ______, representing the vendor/company: ______, ______, have read the above clarifications and fully understand and agree to abide with them for the duration of this bid term, which expires on December 31, 2009.
Signed: ______
Please print name: ______
Dated: ______
Please be sure to sign the Bidder’s Certification Page,
Non-Collusive Statement and Resolution.
Failure to return these pages signed may result in your bid being rejected.
BIDS MUST BE ADDRESSED TO:
CYNTHIA HURT
DISTRICT CLERK
ORLEANS/NIAGARA BOCES
4232 SHELBY BASIN ROAD
MEDINA, NY14103
Please contact Cathy Zagmester @ 800-836-7510 ext. 2212
if you have any questions.
(LEGAL NOTICE: To be published for one day only March 19, 2008and send proof of publication.)
NOTICE TO BIDDERS
Bids are hereby requested on a contract with the Orleans/Niagara Board of Cooperative Educational Services for the purchase of CO/OP ATHLETIC EQUIPMENT & SUPPLIES.
The successful bidder(s) will be expected to keep prices through December 31, 2009after the notice of bid award is issued, during which time the Orleans/Niagara BOCES will be able to make purchases thereon. The foregoing period shall hereinafter sometimes be referred to as the “bid purchase period”.
Orleans/Niagara BOCES officially distributes bidding documents from the Business Office-Purchasing Department or through the Western New York Purchasing Group by logging on to . Vendors who wish to obtain bid packages can download bid document packages “Free of Cost” from . There is no cost to receive these documents. However, if you wish to receive automatic notification of available bids by fax or email you can pay an annual fee to Bid Net. Copies from any other source are not considered official copies. Only those vendors who obtain bidding documents from either the Business Office-Purchasing Department or the Regional Bid Notification System are guaranteed to receive addendum information, if such information is issued. Hard copy is also available through the Business Office of Orleans/Niagara BOCES, 800.836.7510 ext. 2212.
If you have obtained this document from a source other than the Orleans/Niagara BOCES Business Office-Purchasing Department or the Western New York Purchasing Group Bid Notification System, it is recommended that you obtain an official copy.
Sealed bids on the forms in SEALED envelopes with the BID NAME clearly stated on the outside, must be received in the Administration Building--Conference Room, Orleans-Niagara BOCES, 4232 Shelby Basin Road, New York, 14103 no later than April 21, 2009 @ 2:00 PMat which time and place the bids will be publicly opened and read aloud.
The Orleans/Niagara BOCES hereby reserves the right to reject any and all bids.
DATED:March 17, 2009
Cynthia Hurt
District Clerk
Orleans/Niagara BOCES
NOTE:To be published in the checked publications only
Lockport Union Sun & Journal
Medina Journal Register
Niagara Gazette
BIDDING DOCUMENTS FOR
CO/OP ATHLETIC EQUIPMENT & SUPPLIES
Orleans/Niagara BOCES
4232 Shelby Basin Road
Medina, NY 14103
DO NOT SEPARATE THESE SHEETS
BIDS TO BE OPENED: April 21, 2009 @ 2:00 PM
in the
Administration Building Conference Room
Orleans/Niagara BOCES
4232 Shelby Basin Road
Medina, NY 14103
NAME OF BIDDER: ______
COMPANY:______
ADDRESS OF BIDDER:______
______
TELEPHONE NUMBER:______
FAX NUMBER:______
Orleans-Niagara BOCES
PART A: INSTRUCTIONS TO BIDDERS
ARTICLE I
DEFINITIONS
1.1The "Orleans-Niagara BOCES" is the Board of Cooperative Educational Services for the Sole Supervisory District of the Orleans-Niagara Counties, State of New York.
1.2The "Items" are all of the Items, materials services, and supplies described in Part D hereof for which bids are being solicited.
1.3The "Bidding Documents" are collectively the "Notice to Bidders", the "Instructions to Bidders", the "Terms and Conditions", the "Bidder's Certification", the "Non-Collusive Bidding Certification" and the "CO/OP ATHLETIC EQUIPMENT & SUPPLIES” Bid Specifications", including any "addenda" to the foregoing issued prior to the opening of bids.
1.4The "Notice to Bidders" is the formal statement issued by the Orleans-Niagara BOCES inviting bids on the Items.
1.5"Addenda" are written instruments issued by the Orleans-Niagara BOCES prior to the opening of bids which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.
1.6A "Bid" is a completely filled in and properly signed set of the Bidding Documents submitted by the Bidder to the Orleans-Niagara BOCES in accordance with the terms and conditions of the Bidding Documents.
1.7A "Bidder" is any individual, partnership or corporation submitting a Bid.
1.8The "Successful Bidder" is the Bidder to whom a notice of award is given by the Orleans-Niagara BOCES pursuant to paragraph 5.3.5 hereof for the purchase of the Items.
1.9The "Contract" is the agreement between the Orleans-Niagara BOCES and the Successful Bidder for the sale and purchase of the Items in accordance with the terms and conditions of the Bidding Documents and the notice of award given pursuant to paragraph 5.3.5 hereof.
ARTICLE 2
BIDDER'S REPRESENTATION
2.1Each Bidder by submitting a Bid to the Orleans-Niagara BOCES represents that:
2.1.1He has read and understands the Bidding Documents and his Bid is made in accordance therewith.
2.1.2His Bid is based on the Items described in the Bidding Documents without exception, and he can furnish the Items in accordance with the terms and conditions of the Bidding Documents.
ARTICLE 3
3.1Complete Sets
3.1.1A complete set of the Bidding Documents shall be used in preparing and submitting a Bid; the Orleans-Niagara BOCES does not assume any responsibility for errors or misinterpretations resulting from the use of an incomplete set of the Bidding Documents.
3.1.2The Orleans-Niagara BOCES in supplying copies of the Bidding Documents does so only to obtain bids for the purchase of the items and the Orleans-Niagara BOCES does not confer a license for any other use of the Bidding Documents.
3.2Interpretation or Correction of Bidding Documents
3.2.1A Bidder shall promptly notify the Orleans-Niagara BOCES of any ambiguity, inconsistency or error which he may discover upon examination of the Bidding Documents or any other information supplied by the Orleans-Niagara BOCES in connection with the Bidding Documents.
3.2.2A Bidder requesting clarification or interpretation of the Bidding Documents shall submit a written request with respect thereto the Orleans-Niagara BOCES not later than five days prior to the date fixed for the opening of bids.
3.2.3Any clarification, interpretation, correction or change of the Bidding Documents may be made only by Addendum. Clarifications, interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, corrections or changes unless made in accordance with the immediately preceding sentence.
ARTICLE 4
BIDDING PROCEDURE
4.1Form of and Matter to be Submitted with Bids
4.1.1A Bid shall be submitted on the forms provided by the Orleans-Niagara BOCES in the Bidding Documents.
4.1.2All blanks on the Bidding Documents shall be legibly filled in by typewriter or manually in ink. Any bid which is illegible, incomplete or vague may be rejected by the Orleans-Niagara BOCES. Any blank calling for information not applicable to a Bid, shall be filled with the letters "N/A".
4.1.3If indicated by the context of the Bidding Documents, all amounts shall be expressed in both words and figures and, in case of a discrepancy between the two, the written amount shall govern.
4.1.4No interlineation, alteration or erasure should appear in the Bidding Documents. However, if any interlineation, alteration or erasure occurs, it must be initialized by the Bidder or by the person signing the Bid on behalf of the Bidder.
4.1.5All purchase prices quoted in the Bidding Documents by a Bidder must be "per unit" as specified: e.g., do not quote "per case" when "per dozen" is requested. A Bid may be rejected for the failure to comply with the immediately preceding sentence.
4.1.6A Bidder must insert the purchase price per unit next to each item in Part D of the Bidding Documents. All purchase prices shall be expressed in decimals and not in fractions.
4.1.7The purchase price shall be net (including, but not limited to, transportation and delivery charges) and no other charge shall be permitted upon the issuance of a notice of award pursuant to paragraph 5.3.5 hereof and subsequent purchase order(s) during the bid purchase period by the Orleans-Niagara BOCES. Delivery shall be F.O.B. the place of delivery indicated by the Orleans-Niagara BOCES.
4.1.8A Bidder shall neither make any stipulations in submitting a Bid nor qualify a Bid in any manner. A Bid may be rejected which purports to qualify, limit, amend, modify, vary or omit any of the terms and conditions of the Bidding Documents.
4.1.9A Bid shall include the legal name of the Bidder and a statement whether the Bidder is a sole proprietor, a partnership, a corporation or any other legal entity. A Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract. All required signatures shall be handwritten in ink and any person signing a Bid shall use his or her full name. No initials, stamp, mechanical signature or other facsimile may be used in lieu of any required signature. A Bid submitted by a corporation shall also indicate the state of incorporation and have the corporate seal affixed thereto. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind a Bidder.
4.1.10Purchase prices submitted by a Bidder shall not include a charge for federal, state or municipal sales and excise taxes since the Orleans-Niagara BOCES is exempt from such taxes. Such purchase prices shall be net and shall not include a charge for any tax whatsoever.
4.1.11Brand Names, Catalog References, Alternates:Where a brand name or catalog reference is included in the specifications, it shall be interpreted to mean that proprietary product or equal approved. If item bid is not the particular brand name product, bidder shall state in his bid what he is bidding on as an equal or as an alternative. Catalog cuts and descriptive literature shall accompany bid. In all cases, final judgement as to whether or not an item meets the specifications rests with the Orleans-Niagara Board of Cooperative Educational Services. Alternate proposals for items will be considered.
4.1.12Samples: A Bidder will provide at any time after submitting a Bid to the Orleans-Niagara BOCES and for 180 daysfrom the date of the bid opening, any samples of items where an "alternative" quote was submitted. These samples shall be plainly marked with the name of the product as well as that of the bidders. Samples will be returned to the unsuccessful bidders when requested, after awards are made. In the case of successful bidders, these samples will be retained for comparison purposes, until final delivery and approval is made, and will be returned to them upon request.
4.1.13Quantities: Quantities listed are approximate. It is understood that all quantities may be either increased or decreased at the discretion of the Orleans-Niagara Board of Cooperative Educational Services; if increased, they are to be furnished at the unit price quoted; if decreased, they are to be allowed at the same rate. Bidders shall advise the Board of Cooperative Educational Services of any price advantage to the Orleans-Niagara BOCES if the order of any item were to be increased to the next higher price break point for that item. Should such a break point exist, notice should accompany bid. Quantities may be increased at any time during the bid purchase period.
4.2Submission of Bids
4.2.1The Bidding Documents and any other documents required to be submitted with the Bidding Documents must be enclosed and sealed in the envelope supplied by the Orleans-Niagara BOCES or in some other opaque envelope in order to constitute a properly submitted Bid. The envelope shall be addressed to the person specified in the Notice to Bidders and shall state that it contains a CO/OP ATHLETIC EQUIPMENT & SUPPLIESBid. The envelope shall also state the time and place specified in the notice to bidders for the opening of bids. Finally, the envelope shall have the Bidder's return address stated thereon. If the Bid is sent by mail, the sealed envelope which contains the Bid shall be enclosed in a separate mailing envelope with the notation "BID ENCLOSED" on the face thereof.
4.2.2The Non-Collusive Bidding Certification must be included with a Bid as required by Section 103-D of New York's General Municipal law.
4.2.3A Bid shall be delivered to the location designated in the Notice to Bidders prior to the time and date for receipt of bids specified therein or any extension thereof made by Addendum. Bids received after the time and date specified in the Bidding Documents for receipt of Bids will be returned unopened. The Bidder assumes full responsibility for the timely delivery of a Bid to the location designated for receipt of Bids.
4.2.4A Bid which is submitted orally, by telephone or by telegraph is invalid and will not receive consideration.
4.3Modification or Withdrawal of Bid
4.3.1A Bid may not be modified, withdrawn or canceled by the Bidder from the time and date designated in the Notice to Bidders for the receipt of bids for 60 days from the date of the bid opening.
4.3.2Prior to the time and date designated for receipt of Bids, a Bid which is submitted early may be modified or withdrawn only by notice of the party receiving bids at the place and prior to the time designated for receipt of bids. Such notice shall be in writing and shall include the signature of the Bidder or be by telegram. If such notice is given by telegram, written confirmation over the signature of the Bidder must be mailed and postmarked on or before the date and time set for receipt of bids. Such notice shall be worded so as not to reveal the amount of the Bid originally submitted.
4.3.3A Bid which is withdrawn by the Bidder may be resubmitted up to the time designated for the receipt of bids provided that such Bid is then fully in conformance with the terms and conditions of the Bidding Documents.
ARTICLE 5
CONSIDERATION OF BIDS
5.1Opening of Bids
5.1.1All properly submitted bids will be opened publicly and will be read aloud on the date and at the time and place specified in the Notice to Bidders.
5.2Rejection of Bids
5.2.1The Orleans-Niagara BOCES shall have the right to reject any or all bids without cause or with cause (including, but not limited to, the right to reject a Bid which does not comply with the terms and conditions of the Bidding Documents).
5.3Acceptance of Bid and Award
5.3.1The Orleans-Niagara BOCES shall have the right to waive any technical defect, qualification, omission, informality or irregularity in any Bid received if, in its judgment, the best interests of the Orleans-Niagara BOCES will be served thereby.
5.3.2It is the intent of the Orleans-Niagara BOCES to award the Contract to the Bidder who will best promote the public interest, taking into consideration the cost and quality of the items to be furnished, their conformity to all the terms and conditions of the Bidding Documents and the purposes for which such items are to be purchased. The Orleans-Niagara BOCES reserves the right at all times prior to the issuance of a notice of award given pursuant to paragraph 5.3.5 hereof to reject all bids and not purchase any of the Items. The Orleans-Niagara BOCES by issuing the Notice to Bidders, distributing the Bidding Documents, accepting bids for the purchase of the items or any other action whatsoever does not commit itself to the purchase of any or all of the items.
5.3.3The Orleans-Niagara BOCES reserves the right to make an award from the date of bid opening specified in the Notice to Bidders for 60 days from the date of the bid opening during which period a Bid may not be withdrawn or modified.