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6700-E Purchasing Exhibit B

  • 6000: Fiscal Management Goals
6700-E Purchasing Exhibit B

EXHIBIT B

GENERAL CONDITIONS

(For the purchase of materials, supplies, and equipment)

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

DEFINITIONS

"School District"        - shall be the legal designation of the district.

"Board"    - The Board of Education of the school district.

"Bid"    - an offer to furnish materials, supplies, and/or equipment in accordance with the    invitation to bid, the general conditions, and the specifications.

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

“Bidder”    -  any individual, company, or corporation submitting a bid.

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

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

Bids

  1. The date and time of bid opening will be given in the Notice to Bidders.
  2. All bids must be submitted on and in accordance with forms provided by the Board.
  3. All bids received after the time stated in the Notice to Bidders may 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 school district. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.
  4. All information required by Notice to Bidders, Specifications, and Bid Offer, in connection with each item against which a bid is  sub-mitted, must be given to constitute a regular bid.
  5. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
  6. Alternate bids and deviations from specifications must be set forth in space above printed specifications.
  7. Prices and information required, except signature of bidder, 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.
  8. Sales to school districts are not affected by any fair trade agreements. (General Business Law, Ch. 39, Sec. 369-a, Sub. 3, L. 1941)
  9. No charge will be allowed- for federal, state, or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax. Exemption certificates, if required, will be furnished on forms provided by the bidder.
  10. In all specifications, the words "or equal" are under-stood after each article giving manufacturer's name or catalog reference, or on any patented article. The decision of the school district as to whether an alternate or substitution is in fact "equal" shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer's name, and detailed specification of item he proposes to furnish. Otherwise, bid will be construed as submitted on the identical item as specified.
  11. Bids on equipment must be on standard new equipment, of latest model, and in current production, unless otherwise specified.
  12. All regularly manufactured stock electrical items must bear the label of the Underwriters' Laboratories, Inc.
  13. When bids are requested on a lump sum basis, bidder must bid on each item in the lump sum group. A bidder desiring to bid "no charge" on an item in a group must so indicate; otherwise bid for the group may be rejected.
  14. All prices quoted must be "per unit" as specified; e.g., do not quote "per case" when "per dozen" is requested; otherwise, bid may be rejected.
  15. Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.
  16. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.
  17. Under penalty of perjury the bidder certifies that:
    1. The bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids,  
    2. The contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid, and
    3. A non-collusive bidding certification must be sub-mitted with each bid and may not be submitted at a later date.
    4. A Form of Proposal//Conflict of Interest form must be completed by the bidder and submitted with their bid.
  18. All bids must be sealed. They may be submitted either in plain or opaque envelopes. Bid envelopes must be clearly marked "Bid". 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. Telegraphed bids may be considered at the discretion of the school district. Telephoned quotations or amendments will not be accepted at any time.
  19. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the school district, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the school district in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.
  20. Each bid must be accompanied by a Certified Check, in the amount of five (5) per cent of the gross amount of the bid, unless otherwise specified in the general specifications; exclusive of alternate bids; upon a National or State Bank, payable to the order of the Treasurer of Union Free School District No. 12, Brentwood, New York; or a bid bond by a recognized surety company approved by the Board of Education in an amount not less than 5% of the gross amount of the bid exclusive of alternate bids as guarantee that the bidder will execute contract and commence performance of the contract in the stipulated time if such  contract should be awarded to him. The checks or bid bonds of all except the successful bidder will be returned to the persons, firm, or corporations making the bid within ten (10) days after the award of the contract.
  21. If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specification so state, then the successful bidder may be required to execute an agreement in relation to the performance of his contract, such agreement to be executed by the bidder within 15 days after notification to execute such contract. If the specifications so state, the successful bidder also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed. The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the attorney for the school district. The performance bond shall be executed by the successful bidder at the time of the execution of the contract by the successful bidder and the board.

SAMPLES

  1. All specifications are minimum standards; and accepted bid samples do not supersede specification for quality unless bid sample is superior, in which case deliveries must be the same identity and quality as accepted bid sample.
  2. The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments are made. If the sample is not in accordance with the requirements of the specification, the school district may reject the bid; or, if award has been made, cancel the contract at the expense of the successful bidder.
  3. Samples, when required must be submitted strictly in accordance with instructions; otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within ten (10) days of the request, or as directed, for bid to have consideration.  Samples  must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at his expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the school district shall have the right to dispose of them as its own property.
  4. When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the school district. Failure on the part of the bidder to examine sample shall not entitle him to any relief from the conditions imposed in the proposal, specification, etc.

AWARDS

  1. Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery. No bid shall be considered from any bidder who is in arrears to Union Free School District No. 12, Brentwood, N.Y., or who is in default, as surety or otherwise upon any obligation to said school district, nor shall a bid be considered from any contractor whose performance of any previous contract with U.F.S.D. No. 12 has been unsatisfactory in the opinion of the Board of Education.
  2. The school district reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or part; to waive technical defects; qualifications; irregularities; and omissions if in its judgment the best interests of the district will be served. Also reserved is the right to reject bids and to purchase items on State contract if such items can be obtained on the same terms, conditions, specifications, and at a lower price.
  3. The school district reserves the right to make awards within sixty (60) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time.
  4. Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

CONTRACT

  1. Each bid will be received with the understanding that the acceptance thereof in writing by the school district, approved by the board of education, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. Contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. Contract shall bind the school district on its part to order from such successful bidder (except in the case of emergency) and to pay for at the contract prices. This bid will also be made available for use by other governmental entities at their own discretion. The school district reserves the right to increase or decrease the quantities awarded. This bid can be renewed for up to three additional years if agreed by both the district and successful vendor.
  2. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.
  3. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered. The school district reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.
  4. A contract may be cancelled at the successful bidder's expense upon non-performance of contract, or upon discovering that the vendor is on the NYS Department of Labor and/or federal government wide exclusion list in the System for Award Management (SAM). See #55 Termination Clause.
  5. If the successful bidder fails to deliver as ordered, the school district reserves the right to cancel the contract and purchase the balance from other sources at the successful bidder's expense.
  6. Cancellation of contract for any reason may result in removal of the successful bidder's name from mailing list for future proposals for a period of three (3) years.
  7. When materials, equipment, or supplies are rejected, they must be removed by the successful bidder from the premises of the school district within five (5) days of notification. Rejected items left longer than five (5) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property.
  8. No items are to be shipped or delivered until receipt of an official order from the school district.
  9. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation, without the previous written consent of the school district.

INSTALLATION OF EQUIPMENT

  1. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the building broom cleaned, and everything in perfect repair and order. Old materials are the property of the successful bidder unless otherwise specified.
  2. Equipment, supplies, and materials shall be stored at the site only on the approval of the school district and at the successful bidder's risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.
  3. Work shall be progressed so as to cause the least inconvenience to the school district and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.
  4. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.
  5. Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All equipment is represented simply "as is". Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL BIDDER

  1. The successful bidder guarantees:
    1. His products against defective material or workman-ship and to repair or replace any damage or marring occasioned in transit.
    2. To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.
    3. To carry adequate insurance to protect the school district from loss in case of accident, fire, theft, etc.
    4. That all deliveries will be equal to the accepted bid sample.
    5. That the equipment or furniture offered is standard new, latest model or regular stock product or as required by the specifications, with parts regularly used for the type of equipment or furniture offered; also that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to the school district. Any merchandise provided under the contract which is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment (one year from the date of acceptance of the replacement). The successful bidder shall make any such replacement immediately upon receiving notice from the school district.
    6. That pursuant to the Labor Law of the State of New York, there shall be paid each employee engaged in Work on the project under such Contract not less than the prevailing wage rate for the trade or occupation in which he is engaged, fixed by the Commissioner of the New York State Department of Labor.

DELIVERY

  1. Delivery must be made as ordered and in accordance with the proposal’s arid specification. If delivery instructions do not appear on order, it will be interpreted to mean prompt de¬livery (not to exceed 60 days). The decision of the school dis¬trict as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the successful bidder. Failure to deliver because of de¬layed payments or for any other reason will be cause for open market purchase at the expense of the successful bidder.
  2. The school district will not schedule any deliveries for Saturdays, Sundays or legal holidays, except commodities required for daily consumption or where the delivery is an emergency, a replacement, or is overdue, in which event the convenience of the school district shall govern.
  3. Items shall be securely and properly packed for shipment, storage, and stocking in new shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling, or sacks.
  4. The successful bidder shall be responsible for delivery to items in good condition at point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving school district will note for the benefit of successful bidder when packages are not received in good conditions.
  5. Unless otherwise stated in the specifications, all items must be delivered into our Central Warehouse as directed by the shipping instructions or the agent for the school district. The successful bidder will be required to furnish proof of delivery in every instance.
  6. Unloading and placing of the equipment and furniture is the responsibility of the successful bidder, and the school district accepts no responsibility for unloading and placing the equipment. Any cost incurred due to the failure of the successful bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the school district, and suppliers should notify their truckers accordingly.
  7. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:
    Contract Number and/or Purchase Order Number
    Name of Article
    Item Number
    Quantity
    Name of the successful bidder

    Carton shall be labeled with purchase order or contract number, successful bidder's name and general statement of contents. All drop shipments must show our purchase order number. Failure to comply with -this condition shall be considered sufficient reason for refusal to accept the goods.

PAYMENTS

  1. Payment for the used portion of an inferior delivery will be made by the school district on an adjusted price basis.
  2. Payment will be made only after correct presentation of claim forms obtained   from   the ordering school district.
  3. Payments of any claim shall not preclude the school district from making claim for adjustments on any item found not to have been in accordance with general conditions and specifications.

TERMINATION CLAUSE

  1. The school district is permitted to terminate the awarded contract for any reason within fourteen (14) days upon providing written notice to the awarded bidder.

BY: __________________________________________

PURCHASING AGENT

BRENTWOOD UNION FREE SCHOOL DISTRICT

Approved by the Board of Education:  11/18/10
Revision approved by the Board of Education: 4/14/11
Revision approved by the Board of Education: 8/15/13
Revision approved by the Board of Education: 10/15/20
Revision approved by the Board of Education: 02/15/23

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