Milk and Dairy Products B26-0601

When submitting a sealed bid, please be sure to put the bid title and bid number on the outside envelope being mailed.
Please attach a completed W9 to your bid response.
Vendor:
Bid Contact: Ordering Contact:
Address: Ordering Address:
Phone #: Ordering Phone #:
Fax #: Ordering Fax #:
E-Mail: Ordering E-Mail:
Tax ID #: Web-Site:
Center for Instruction, Technology & Innovation (CiTi)
Oswego County Board of Cooperative Educational Services
179 County Route 64, Mexico, NY 13114
(315) 963-4414 phone
www.CiTiboces.org
www.CiTiboces.org/cooperativepurchasing
Specification and Instructions for the Supply of
Milk & Dairy Products
Bid Number: B26-0601
Bid Contract Dates: July 1, 2026 to June 30, 2027
Date of Bid Opening: April 21, 2026 @ 12:30 p.m.
To be purchased by:
Altmar Parish Williamstown Central School District
Central Square Central School District
Fulton City School District
Hannibal Central School District
Mexico Academy & Central School District
Oswego City School District,
Phoenix Central School District
Pulaski Academy & Central School District
Sandy Creek Central School District
Cooperative CiTi Bid Do not separate these sheets
Please refer all questions, in writing on the Bid Question Form to:
Holly Cheeley, Bid Specialist
Cooperativebids@CiTiboces.org
179 County Route 64, Mexico, NY 13114
(315) 963-4414 phone
All public bid openings hosted by The Center for Instruction, Technology & Innovation (CiTi) are made available virtually via the Zoom
platform. Bidders and members of the public can join the live bid opening virtually by sending an email request in advance of the opening
date and time to: CooperativeBids@citiboces.org. Bidders and members of the public who wish to join the bid opening in-person must follow
all visitor policy guidelines when present on CiTi property.

B26-0601 Milk & Dairy
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
This is a Cooperative Bid involving the: Altmar Parish 9. In the event that CiTi Business Office is closed due to unforeseen
Williamstown Central School District, Central Square Central circumstances, the bid deadline will be extended to the next
School District, Fulton City School District, Hannibal Central business day that CiTi is open for business. The time of day will
School District, Mexico Academy and Central School District, remain 12:30 p.m.
Oswego City School District, Phoenix Central School District,
Pulaski Academy and Central School District, and Sandy Creek 10. A public bid opening will take place on April 21, 2026, at
Central School District. 12:30 p.m.
Bidding Instructions and Special Conditions for the 11. All public bid openings hosted by CiTi are made available
Submission of Vendor Responses virtually via the Zoom platform. Bidders and members of the
public can join the live bid opening virtually by sending an email
1. Sealed bids for furnishing and delivery of items as required and request in advance of the opening date and time to:
as set forth in these specifications prepared by CiTi are sought at Cooperativebids@CiTiboces.org. Bidders and members of the
this time. public who wish to join the bid opening in-person must follow all
visitor policy guidelines when present on CiTi property.
2. Copies of the specifications may be obtained by contacting Holly
Cheeley, Bid Specialist at the Business Office of the CiTi, 179 12. For Sealed Bid Submissions: Bidders must supply signed hard
County Route 64, Mexico, New York 13114, by calling (315) copies of their completed bids in a sealed envelope marked with
963-4414 or emailing CooperativeBids@CiTiboces.org the name of the bidder and the bid number on the front of the
Bid opportunities and current bid awards are available envelope to the address listed in the manner specified within the
electronically at: www.CiTiboces.org/cooperativepurchasing Bid Bid Documents. CiTi also strongly encourages the submission
specifications can also be found online at BidNet Direct of the bid pricing (in excel format) on either a CD or flash drive
along with the signed hard copies of all the required bid
documents. Please refer to the "Vendor Response Sheet
Instructions" for information on how to properly fill out the
forms.
13. The CD or Flash Drive must be clearly labeled with the name of
the bid, the bid number, and the bidder's name.
3. ALL questions with regard to this bid MUST be submitted in
writing. A form is included in this packet for this purpose.
14. All express envelopes must be clearly marked with the words
Responses will be provided to all bidders in the form of an
"Sealed Bid Enclosed" on the front of the outside envelope. This
addendum.
is important in assuring that the bid is delivered properly. The
sealed bid envelope must be included in the express envelope.
4. Please email the bid questionnaire form that is attached as part of
this bid proposal to the attention of the Bid Specialist at:
15. For Electronic Bid Submissions: Bidders must supply a signed
Cooperativebids@CiTiboces.org
photocopy of the bid forms and a completed vendor response
sheet (in excel format) via BidNet Direct. Please refer to the
5. No questions will be entertained by any other means. All
"Vendor Response Sheet Instructions" for information on
questions must be submitted at least 10 business days prior to the
how to properly fill out the forms.
official bid opening. Questions received after this time may not
be addressed.
16. The proposal as presented shall remain valid for a minimum
period of sixty days (60) from the date of bid opening.
Accepting Sealed OR Electronic Bid
Submissions: 17. Bidder must insert the price per unit as specified and the price
extension accordingly against each item bid. In the event of a
6. SEALED BIDS must be received via mail, postal or shipping discrepancy between the unit price and the extension, the unit
carrier at: CiTi, 179 County Route 64, Mexico, NY 13114 until, price will govern. Prices shall be extended in decimals, not
but not later than 12:30 p.m. April 21, 2026. Sealed bid fractions.
envelopes can also be hand-delivered to CiTi's Receiving
Department (Green Steel Building across the road from main 18. In order to ascertain that bid items conform to the specifications,
CiTi campus in Mexico). CiTi's Receiving Department is open vendors should provide CiTi with stock numbers for reference
Monday - Friday 7:00 a.m. to 3:00 p.m. during the analysis process. If CiTi is unable to verify that the
item bid conforms to the specifications through a catalog, website
7. ELECTRONIC BIDS must be submitted via BidNet Direct no or cut sheets, CiTi reserves the right to reject that item bid .
later than 12:30 p.m. April 21, 2026. This is the ONLY manner
in which electronic submissions will be accepted.
8. Emailed or faxed bid responses are not acceptable.
Bid Information, Instructions and Special Conditions, Page 1 of 3

B26-0601 Milk & Dairy
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
19. BIDDERS PLEASE NOTE: The words "Or Equivalent" shall be 27. CiTi reserves the right to waive any informality on bids received.
considered as added to each specification, except in instances
where "ONLY" or "NO SUB" is stated. CiTi reserves the right to 28. CiTi reserves the right to reject any or all bids and to re-advertise.
request samples of items where an equivalent is bid. It is the
responsibility of the bidder to notify CiTi when such
substitutions are incorporated. Please note any substitutions Orders and Delivery
on the bid form. Please indicate your Catalog/Vendor Item
Number in the space provided on the electronic bid form.
29. Each participating School District or participant will prepare its
Vendors may be required to send catalogs to the School
own individual Purchase Order for its respective share of the bid.
Districts if requested. A vendor's website link to the vendor's
Quantities listed on the bid are from the school districts listed as
'up to date' online catalog may be accepted. The vendor's
active participants.
catalog/item number must correlate to the item being bid to verify
conformity to the item specification. A bid item will not be
30. Delivery is to be made to multiple locations in each School
accepted if the vendor's catalog/item number does not provide or
District as per the attached Delivery Schedule. The Purchase
link to the item's information as bid.
Order shall designate the place of delivery.
20. If the vendor is offering a substitute item with the same
31. Some of the participants have seasonal needs and ordering will be
packaging as the items specified, the vendor shall provide the
dependent on program scheduling.
substitute information as well as the packaging information. The
bid software will not recognize the vendor's substitute offer if
32. No Charge will be allowed for cases, boxes, carboys, bottles, etc.,
the packaging information is not provided and will not
or for freight expenses, expressage, or cartage.
evaluate the bidders pricing for that item. Failure to provide
packaging information with a substituted item will result in
33. Invoices shall be presented to each School District and
the rejection of the bid item.
participants for the quantities ordered as per the Purchase Order.
Invoices will come from the awarded vendor.
21. If the vendor is offering a product with a different unit of
measure than that which is indicated on the vendor response
34. Purchases made by the School Districts and participants, because
sheet, then the product is considered to be a substitute for data
they are governmental agencies, are not subject to any sales tax.
entry purposes. Therefore, the product information must be put in
the last four columns related to Substitute: "Substitute Desc",
35. After receipt of an order, the vendor agrees to call the district
"Subs UM", "Subs Unit Cost", and "Subs Qty".
within one workday (1) concerning any out-of-stock items,
shortages, or defect in the purchase order. If a district is
22. The bidder shall not change or provide the bid sheets in a
forced to purchase out of stock items or items not meeting
different format than the one provided. Any change in the
specifications from another vendor, the difference must be
electronic format will prevent the CD or travel drive from being
paid by the original vendor.
read by the bid evaluation software and therefore will result in
the rejection of the bidders' submittal.
36. During the scheduled delivery times, the vendor agrees to remove
all damaged cases that are visible and all products that are found
23. The following three (3) forms are included herein and form a part
damaged upon opening, or products which do not meet
of this bid proposal: 1. Bid Proposal Certifications (Non-
specifications.
Collusion Bidding Certification and Conflict of Interest
Certification). 2. Exceptions or Limitations/Acknowledgement of
37. Pertinent information:
Terms and Conditions. 3. Iran Divestment Act Certificate of
Damaged goods not removed by the vendor, as stated, will be
Compliance. Failure to fully execute these three (3) statements
regarded as abandoned and the district shall have the right to
will constitute grounds for rejection of a bid submission.
dispose of them as its own property. This condition addresses the
following concerns:
24. The quantities provided are estimated monthly numbers. The
contract will be for one year and may include summer
a. Damaged cases discovered during and after delivery
nutrition programs. Quantities are best estimates based on
b. Products that do not meet specifications
current feeding programs, anticipated serving waivers, and
c. Storage of such items
anticipated feeding programs. COVID-19 could impact each
d. Ownership of such items
school district's educational plan and feeding program.
Quantities may increase or decrease based on this.
In any of the situations mentioned, the vendor is required to pick
up damaged goods at the time of delivery and immediately issue
25. The bidder shall state the discount that will be allowed in the
credit. Additionally, if the discrepancies are not noted until after
School Districts for prompt payment. In the absence of such a
receipt of the goods, the vendor agrees to pick up the items on
stated discount, payment will be made approximately thirty days
the next delivery. In either event, if the vendor does not adhere
(30) after receipt of materials and invoice.
to these terms, the district gains title to the property and needs
only to maintain a record of the delivery date and the item codes
26. All bids are to be on the basis of delivery prepaid to
to be entitled to credit.
destination.
Bid Information, Instructions and Special Conditions, Page 2 of 3

B26-0601 Milk & Dairy
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
Force Majeure 45. CiTi/School District participants and the vendor will submit all
complaints in writing to the appropriate party(s) within four (4)
days of occurrence of any incident. The CiTi Cooperative
38. The successful bidder shall not be held responsible for any losses
Bidding Office will maintain a file of all complaints that are
resulting if the fulfillment of the terms of the contract shall be
submitted from the CiTi/School District participants and the
delayed or prevented by wars, acts of public enemies, strikes,
vendor.
fires, acts of God, or for any other acts not within control of the
successful bidder and which by the exercise of reasonable
46. This will be an annual bid. The bid period will be from 07-01-26
diligence he/she is unable to prevent.
to 06-30-27.
39. Products and quantities listed on the bid are CiTi's best estimate
based on the projected instructional plan for CiTi and Term of Contract
participating school districts. If CiTi or the participating school
districts' instructional plans change due to unforeseen and/or a 47. Any contract resulting from the award of this bid shall be for a
force majeure event, the actual quantities purchased might also term of twelve (12) months from the date of the award. CiTi
change. reserves the right to renew all or any part of this contract for up to
a maximum of two additional, (12) twelve-month periods but not
Award less than (1) one-month if agreeable by awardee(s) and by
resolution of the CiTi Board of Directors.
40. Notice of Award shall be made to the successful bidder within
48. Failure to adhere to these instructions will constitute grounds
sixty days (60) from the date of bid opening. The award for this
for rejection of the bid.
bid will take place at the June 17, 2026, CiTi Board Meeting.
41. Typically, this bid award is made in an aggregate manner. CiTi
and the participants reserve the right to award this bid on the
basis of lowest bidder by price, and to make the award on an
aggregate basis, by line item, by groups of categories, or by a
combination of items, in whatever manner is deemed to be in
their best interest.
Vendors should be aware that this is a MILK BID. An aggregate
award will be to the lowest aggregate bidder for the milk
products.
42. Sales Items - When a bid item appears on a company sales flyer
at a lower price, the lower price will apply to all bid participants.
43. CiTi guarantees no minimum or maximum purchases or contracts
as a result of award of this bid. Although not listed as a
participant, CiTi reserves the right under the General Municipal
Laws of the State of New York, to purchase any goods awarded
by the CiTi Board as a result of this bid in accordance with the
latest amendments to NYS GML 100 through 104. However, it is
understood that the extension of such contracts are at the sole
discretion of the vendor and the vendor is only bound to any
contract between the stated participants and the vendor.
Additionally, CiTi reserves the right to purchase any goods
included as a part of this bid from any means legally available to
it at any time.
44. Savings Clause - The successful bidder shall not be held
responsible for any losses or delays in the fulfillment of the
contract terms resulting from acts of war, 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.
Bid Information, Instructions and Special Conditions, Page 3 of 3

Center for Instruction, "Contractor" Any bidder to whom a 10. No charge will be allowed for Federal,
Technology & Innovation contract award is made by the Board of State or municipal sales and excise taxes
A Board of Cooperative Educational Services Cooperative Education Services. since the school districts and CiTi are
179 County Route 64 exempt from such taxes. The price bid shall
Mexico, NY 13114 "Specifications" defined as the description be net and shall not include the amount of
of materials, supplies, equipment, and/or any such tax.
services, including the conditions for its
GENERAL CONDITIONS
purchase. 11. In all specifications, the words "or
(For the Purchase of Materials, Supplies,
equal" are understood after each article
Equipment, and Services)
BIDS giving manufacturer's name or catalog
reference, or on any patented article. The
All invitations to bid issued by the above-
1. The date, time, and place of bid opening decision of the school district as to whether
named Board of Cooperative Educational
will be given in the Notice to Bidders. an alternate or substitution is in fact "equal"
Services will bind bidders and successful
shall be final. If bidding on items other than
bidders to the conditions and requirements
2. All bids must be submitted on bid forms, those specified, bidder must provide in
set forth in these general conditions, and
if provided, and in accordance with every instance the trade designation of the
such conditions shall form an integral part
instructions provided. article, manufacturer's name, and detailed
of each purchase contract awarded by the
specifications of items he proposes to
Center for Instruction, Technology &
3. All bids received after the time stated in furnish. Otherwise, bid will be construed as
Innovation (CiTi).
the Notice to Bidders may not be considered submitted on the identical item as specified.
and will be returned unopened to the bidder.
DEFINITIONS
The bidder assumes the risk of any delay in 12. Bids on equipment must be on standard
the mail or in the handling of the mail by new equipment, of latest model, and in
"CiTi" Shall be the legal designation of the
employees of CiTi. Whether sent by mail or current production, unless otherwise
Oswego County Board of Cooperative
by means of personal delivery, the bidder specified.
Educational Services/ Center for Instruction,
assumes responsibility for having his/her
Technology & Innovation.
bid deposited on time at the place specified. 13. All regularly manufactured stock
electrical items must bear the label of the
"School District" Shall be the legal
4. All information required by Notice to Underwriters' Laboratories, Inc.
designation of the district.
Bidders, General Conditions, Specifications,
and Bid Offer, in connection with each item 14. When bids are requested on a lump sum
"Notice to Bidders" A formal statement,
against which a bid is submitted, must be basis, bidder must bid on each item in the
which, when issued by CiTi, constitutes an
given to constitute a regular bid. lump sum group. A bidder desiring to bid
invitation to bid on the materials, supplies
"no charge" on an item in a group must so
and equipment described by the
5. The Non-Collusive Bidding Certification indicate; otherwise, bid for the group may
specifications
must be included with each bid as required be rejected.
by General Municipal Law, Section 103-d.
"Board" The Board of Cooperative
15. All prices quoted must be "per unit" as
Education Services Board of Education.
6. The submission of a bid will be construed specified, e.g., do not quote "per case" when
to mean that the bidder is fully informed as "per dozen" is requested; otherwise bid may
"Bid" An offer to furnish materials,
to the extent and character of the supplies, be rejected.
supplies, and/or equipment in accordance
materials, or equipment required and a
with the invitation to bid, the general
representation that the bidder can furnish 16. Bidder must insert the price per unit and
conditions, special instructions, and the
the supplies, materials, or equipment the extensions against each item in his bid.
specifications.
satisfactorily in complete compliance with In the event of a discrepancy between the
the specifications. unit price and the extension, the unit price
"Bid Offer" The form on which the
will govern. Prices shall be extended in
vendor/bidder submits his bid.
7. No alteration, erasure, or addition is to be decimals, not fractions. In the case of
made in the typewritten, printed, or electronic filing via CD, diskette or travel
"Bidder" A company, corporation or
electronic matter. Deviations from the drive of a bid response form, the electronic
individual submitting a bid.
specifications must be set forth in space data will take precedence over any written
provided in bid for this purpose. or printed material submitted with the bid
"Contract" A notice to the successful
packet.
bidder by the issuance of a purchase order,
8. Prices and information required should be
all documents relating to the transaction,
typewritten for legibility. Illegible or vague 17. Prices shall be net; including
including but not limited to, the bid offer of
bids may be rejected. All signatures must be transportation and delivery charges fully
the successful bidder, notice to bidders,
written. Facsimile, printed, or typewritten prepaid by the successful bidder to
general information, general conditions,
signatures are not acceptable. destination indicated in the instructions to
specifications, notice of award, bid proposal
bidders. If award is made on any other
certifications; a formal document signed by
9. Sales to school districts are not affected basis, transportation charges must be
the successful bidder and CiTi
by any fair-trade agreements. (General prepaid by the successful bidder and added
representative.
Business Law, Sec. 369-a, Sub. 3) to the invoice as a separate item. In any
case, title shall not pass until items have
"Successful Bidder" Any bidder to whom
been delivered and accepted.
an award is made by CiTi.
General Conditions - Page 1 of 5

upon either prior to the award or before 28. CiTi reserves the right to make awards
shipments are made. If circumstances do not within sixty (60) days after the date of the
18. All sealed bid submissions must be in allow for samples, please include bid opening during which period bids may
sealed, plain, opaque envelopes may be information where the items can be viewed not be withdrawn unless the bidder
used, clearly marked "BID." Also, the date in an industrial or retail setting. If the distinctly states in his bid that acceptance
and time of the bid opening as indicated on sample is not in accordance with the thereof must be made within a shorter
the Notice to Bidders must appear on the requirements of the specifications, CiTi may specified time.
envelope. Bids must not be attached to or reject the bid; or, if award has been made,
enclosed in packages containing bid cancel the contract at the expense of the 29. Where a bidder is requested to submit a
samples. All electronic bid submissions successful bidder. bid on a total sum or sums, the right is
must be submitted via BidNet Direct. reserved to award contracts on total sum or
Emailed, faxed or telephoned quotations or 24. Samples, when required, must be sums, whichever is in the best interest of
amendments will not be accepted at any submitted strictly in accordance with CiTi.
time. instructions; otherwise, bid may not be
considered. If samples are requested 30. If two or more bidders submit identical
19. No interpretation of the meaning of the subsequent to bid opening, they shall be bids as to price, the decision of the board to
specifications or other contract document delivered as directed for bid to have award a contract to one of such identical
will be made to any bidder orally. Every consideration. Samples must be furnished bidders shall be final. (General Municipal
request for such interpretation should be in free of charge and must be accompanied by Law, Sec. 103, Sub. 1)
writing, addressed to CiTi, no later than ten descriptive memorandum invoices
days (10) prior to the date fixed for the indicating if the bidder desired their return CONTRACT
opening of bids. Notice of any and all such and specifying the address to which they are
interpretations and any supplemental to be returned provided they have not been 31. Each bid will be received with the
instructions will be sent to all bidders of used or made useless by tests. Award understanding that the acceptance thereof in
record by CiTi in the form of addenda so samples may be held for comparison with writing by the board, to furnish any or all of
issued shall become a part of the contract deliveries. CiTi will not be responsible for the items described therein shall constitute a
documents. any samples being destroyed or mutilated contract between the successful bidder and
by examination or testing. The bidder at his the school district. Contract shall bind the
20. If the supplies, materials, or equipment expense shall remove samples. Samples not successful bidder on his part to furnish and
are to be delivered over an extended period removed within fifteen (15) days after deliver at the prices and in accordance with
of time, or if the specifications so state, then written notice to the bidder will be regarded the conditions of this bid.
the successful bidder may be required to as abandoned and CiTi shall have the right
execute an agreement in relation to the to dispose of them as its own property. 32. The placing in the mail of a notice of
performance of his contract, such agreement award or purchase order to a successful
to be executed by the bidder within 15 days 25. When a specification indicates that an bidder, to the address given in his bid, will
after notification to execute such contract. If item to be purchased is to be equal to a be considered sufficient notice of
the specifications so state, the successful sample, such sample will be on display at a acceptance of contract.
bidder also may be required to furnish a designated location in CiTi. Failure on the
performance bond equal to the full amount part of the bidder to examine sample shall 33. If the successful bidder fails to deliver
of the contract to guarantee the faithful not entitle him to any relief from the as ordered, or within the time specified, or
performance of such contract. Such conditions imposed in the proposal, within reasonable time as interpreted by
performance bond shall be maintained in specification, etc. CiTi, or fails to make replacement of
full force and effect until the contract shall rejected articles, when so requested
have been fully performed. The surety AWARD immediately or as directed by the school
company furnishing such performance bond district, CiTi or school district may purchase
shall be authorized to do business in the 26. Awards will be made to the lowest from other sources to take the place of the
State of New York and must be satisfactory responsible bidder, as will best promote the item rejected or not delivered. CiTi or
to the school district. The successful bidder public interest, taking into consideration the school district reserves the right to authorize
shall execute the performance bond at the reliability of the bidder, the quality of the immediate purchase from other sources
time of the execution of the contract by the materials, equipment, or supplies to be against rejections on any contract when
successful bidder and the Board. furnished, their conformity with the necessary. On all such purchases, the
specifications, the purposes for which successful bidder agrees to reimburse CiTi
21. The proposal as presented shall remain required, and the terms of delivery. or school district promptly for excess costs
valid for a period of sixty days (60) from the occasioned by such purchases. Should the
date of bid opening. 27. CiTi reserves the right to reject all bids. cost be less, the successful bidder shall have
Also reserved is the right to reject, for no claim to the difference. Such purchases
SAMPLES cause, any bid in whole or in part; to waive will be deducted from contract quantity.
technical defects; qualifications;
22. All specifications are minimum irregularities; and omissions if in its 34. A contract may be canceled at the
standards; and accepted bid samples do not judgment the best interests of the district successful bidder's expense upon
supersede specification for quality unless will be served. Also reserved is the right to nonperformance of contract.
bid sample is superior, in which case reject bids and to purchase items on State or
deliveries must be the same identity and County contracts if such items can be 35. Cancellation of contract for any reason
quality as accepted bid sample. obtained on the same terms, conditions, may result in removal of the successful
specifications, and at a lower price. bidder's name from mailing list for future
23. CiTi reserves the right to request a proposals for an indeterminate period.
representative sample of the item quoted
General Conditions - Page 2 of 5

the school district. However, CiTi or the GUARANTEES BY THE SUCCESSFUL
36. Damaged Products - During the School District(s) shall be under no BIDDER
scheduled delivery times, the vendor agrees obligation to purchase items until such time
to remove all damaged cases that are visible that a properly executed Purchase Order has 47. The successful bidder guarantees:
and all products that are found damaged been issued (see also item #62).
upon opening, or products, which do not a. The product against defective material
meet specifications. 41. Contract shall bind the successful bidder or workmanship and to repair or
on his part to furnish and deliver at the replace any damages or marring
When materials, equipment, or supplies are prices and in accordance with the conditions occasioned in transit.
rejected, they must be removed by the of his bid. Contract shall bind the school
successful bidder from the premises of the district on its part to order from such b. To furnish adequate protection from
school district within ten (10) days of successful bidder and to pay for at the damage for all work and to repair
notification. Rejected items left longer than contract prices, all items ordered and damages of any kind for which he or
ten (10) days will be regarded as delivered, within twenty (20) percent over his workers are responsible, to the
abandoned, and the school district shall or under the award quantity, unless building or equipment, to his own
have the right to dispose of them as its own otherwise specified, or impacted by funding work, or to the work of other
property. conditions (see also item #40 and #62)." successful bidders.
Pertinent information: Damaged goods not INSTALLATION OF EQUIPMENT c. Carry adequate insurance to protect the
removed by the vendor, as stated, will be school district from loss in case of
regarded as abandoned and CiTi shall have 42. The successful bidder shall clean up and accident, fire, theft, etc.
the right to dispose of them as its own remove all debris and rubbish resulting from
property. This condition addresses the his work from time to time as required or d. That all deliveries will be equal to the
following concerns: directed. Upon completion of the work, the accepted bid sample.
premises shall be left in a neat, unobstructed
a. Damaged cases discovered during and condition, and the buildings broom cleaned, e. That the equipment delivered is
after delivery and everything in perfect repair and order. standard, new, latest model of regular
b. Products that do not meet Old materials are the property of the stock product or as required by the
specifications successful bidder unless otherwise specifications; also, that no attachment
c. Storage of such items specified. or part has been substituted or applied
d. Ownership of such items contrary to manufacturer's
43. Equipment, supplies and materials shall recommendations and standard
37. In any of the situations mentioned, the be stored at the site only on the approval of practice. Every unit delivered must be
vendor is required to pick up damaged CiTi or school district and at the successful guaranteed against faulty material and
goods at the time of delivery and bidder's risk. In general, such onsite storage workmanship for a period of at least
immediately issue credit. Additionally, if should be avoided to prevent possible one year from the date of delivery. If
the discrepancies are not noted until after damage or loss of the material. during this period such faults develop,
receipt of the goods, the vendor agrees to the successful bidder agrees to replace
pick up the items on the next delivery. In 44. Work shall progress to cause the least the unit or the part affected without
either event, if the vendor does not adhere to inconvenience to CiTi or school district and cost to CiTi or school district.
these terms, CiTi gains title to the property with proper consideration for the rights of
and needs only to maintain a record of the other successful bidders and their workers. Any merchandise provided under the
delivery date and the item codes to be The successful bidder shall keep in touch contract, which is or becomes defective
entitled to credit. with the entire operation and install his during the guarantee period, shall be
work promptly. replaced by the successful bidder free of
38. No items are to be shipped or delivered charge with the specific understanding that
until receipt of an official purchase order 45. Bidders shall acquaint themselves with all replacements shall carry the same
from the school district. Each delivery must conditions to be found at the site and shall guarantee as the original equipment. The
show a purchase order number on the assume all responsibility for placing and successful bidder shall make any such
outside of the package, unless otherwise installing the equipment in the locations replacement immediately upon receiving
directed by the Purchasing Agent. required. notice from CiTi or school district.
39. It is mutually understood and agreed 46. Equipment for trade-in shall be DELIVERY
that the successful bidder shall not assign, dismantled by the successful bidder and
transfer, convey, sublet, or otherwise removed at his expense. The condition of 48. Delivery must be made in accordance
dispose of the contract or his right, title, or the trade-in equipment at the time it is with the instructions to bidders and
interest therein, or his power to execute turned over to the successful bidder shall be specifications. If delivery instructions do
such contract, to any other person, the same as covered in the specifications, not appear on order, it will be interpreted to
company, or corporation, without the except as affected by normal wear and tear mean prompt delivery. The decision of CiTi
previous written consent of the school from use up to the time of trade-in. All or the school district as to reasonable
district. equipment is represented simply "as is." compliance with delivery terms shall be
Equipment is available for inspection only final. If a vendor is bidding a special-order
40. Each bid will be received with the at the delivery point listed for new item that will extend the delivery time
understanding that the acceptance thereof in equipment, unless otherwise specified. outside of the specified time frame, this
writing by the board, to furnish any or all of must be noted in the bid for consideration
the items described therein shall constitute a during the award process.
contract between the successful bidder and
General Conditions - Page 3 of 5

56. Each item on the Bid containing a contract nor any representation by any
Chemical Substance must be accompanied public employee or officer creates any legal
49. CiTi or the school district will not by a MATERIAL SAFETY DATA SHEET or moral obligation to request, appropriate
accept any deliveries on Saturdays, Sundays when delivered. Failure to include these or make available monies for the purpose of
or legal holidays, except commodities requisite data sheets will prohibit the the contract.
required for daily consumption or where the processing of payment.
delivery is for an emergency. 63. CiTi shall have the option, in its sole
discretion, to terminate an award agreement,
50. Items shall be packaged securely and at any time during the term hereof, for
properly for shipment, storage and stocking convenience and without cause. CiTi shall
in shipping containers and according to PAYMENTS exercise this option by giving Contractor
accepted commercial practice, without extra and/or Awarded Vendor written notice of
charge for packing cases, bailing or sacks. 57. Payment for the used portion of an termination. The notice shall specify the
inferior delivery will be made by CiTi or date on which termination shall become
51. The successful bidder shall be school district on an adjusted price basis. effective.
responsible for delivery of items in good
condition at point of destination. He shall 58. Payment will be made only after correct LABOR LAW/PREVAILING WAGES
file with the carrier all claims for breakage, presentation of claim forms or invoices as
imperfections, and other losses, which will may be required. 64. By bidding on this contract, the
be deducted from invoices. The receiving contractor is agreeing to comply with all
school district will note for the benefit of 59. Payments of any claim shall not applicable requirements of NYS Labor Law.
successful bidder when packages are not preclude CiTi or school district from The contractor shall conform to the
received in good condition making claim for adjustment on any item schedule of wages applicable to the
found not to have been in accordance with performance of the said contract and the
52. Unless otherwise stated in the the contract specifications. statutory requirements and rules of the State
specifications, all items must be delivered of New York.
into and placed at a point within the 60. The bidder shall state the amount of the
building as directed by the shipping discount that will be allowed for payment * Where delivery and installation of
instructions or the agent for the school terms less than 30 days. In the absence of material is required, the contractor
district. The successful bidder will be such stated discount, payment will be made agrees to comply with Article 8-Public
required to furnish proof of delivery in approximately thirty days (30) after receipt Work, of the NYS Labor Law and its
every instance. of materials and invoice. current prevailing wage schedule.
53. Unloading and placing of the equipment SAVING CLAUSE * Where delivery in place is required,
and furniture is the responsibility of the the contractor agrees to comply with
successful bidder, and the school district 61. The successful bidder shall not be held Article 9, Prevailing Wages for
accepts no responsibility for unloading and responsible for any losses resulting if the Building Service Employees, of the
placing of equipment. Any costs incurred fulfillment of the terms of the contract shall NYS Labor Law and its current
due to the failure of the successful bidder to be delayed or prevented by wars, acts of prevailing wage schedule.
comply with this requirement will be public enemies, strikes, fires, floods, acts of
charged to him. No help for unloading will God or for any other acts not within the Each contractor who works on a public
be provided by CiTi or school district, and control of the successful bidder and which work project must maintain certified
suppliers should notify their truckers by the exercise of reasonable diligence he is payrolls and provide such payrolls, with
accordingly. unable to prevent. original certifications, to the contracting
agency at least once every 30 days. The
54. All deliveries shall be accompanied by CONTRACT TERMINATION filing of these certified payrolls shall be a
delivery tickets or packing slips. Ticket condition of payment.
shall contain the following information for 62. CiTi and/or the School Districts shall
each item delivered: have the right to terminate or reduce
individual orders without further obligation
a. Contract number and/or purchase order as of the end of the then current fiscal year
number in the event that CiTi or the School District
b. Name of article is on a contingent budget, fails to get a
c. Item number (if applicable) budgetary appropriation or experiences
d. Quantity approval of funding at a reduced amount for
e. Name of the successful bidder the continuation of individual orders for any
f. Cartons shall be labeled with purchase subsequent fiscal year. CiTi or the School
order and contract number, successful District shall give bidder written notice of
bidder's name and general statement of termination or the reduction of orders within
contents. Failure to comply with this thirty days (30) of the failure to appropriate
condition shall be considered sufficient the necessary funding. This contract shall be
reason for refusal to accept the goods. deemed executory only to the extent of the
monies appropriated and available for the
55. The successful bidder shall supply all purpose of the contract, and no liability on
guarantees, service warranties, and manuals account thereof shall be incurred by the
where applicable. purchaser beyond the amount of such
monies. It is understood that neither this
General Conditions - Page 4 of 5

NEW YORK STATE SEXUAL
HARASSMENT LAWS:
65. By submission of this Bid, each bidder
and each person signing on behalf of any
bidder certifies, and in the case of a joint bid
each party thereto certifies as to its own
organization, under penalty of perjury, that
the bidder has and has implemented a
written policy addressing sexual harassment
prevention in the workplace and provides
annual sexual harassment prevention
training to all of its employees. Such policy
shall, at a minimum, meet the requirements
of section two hundred one-g of the NYS
labor law. A model policy and training has
been created by the NYS Department of
Labor and can be found here:
https://www.ny.gov/programs/combating-
sexual-harassment-workplace
NON-DISCRIMINATION
REQUIREMENTS
66. In accordance with Article 5 of the
Executive Law (also known as the Human
Rights Law) and all other State and Federal
statutory and constitutional,
nondiscrimination provisions, the bidder
agrees that neither it nor its subcontractors
shall be reason of race, creed, color,
national origin, age, sex or disability: (a)
discriminate in hiring against any person
who is qualified and available to perform
the work; or (b) discriminate against or
intimidate any employee hired for the
performance of work under the Agreement.
CiTi does not discriminate on the basis of
sex in the educational program or activities
which it operates, and it is required by Title
IX of the Educational Amendments of 1972
not to discriminate in such a manner. This
policy of nondiscrimination includes the
following areas: recruitment and
appointment of employees; employment pay
and benefits; counseling services for
students; access by students to educational
program; course offering and student
activities.
General Conditions - Page 5 of 5

Oswego County Board of Cooperative Education Services
Milk & Dairy Products 6. The price quoted must be for Grade 9. Milk containers and crates used in
'A' Homogenized and Pasteurized delivery shall be clean and free from
Bid Number B26-0601
Milk in 12 pint plastic coated cartons foreign material and odors. Milk
with a hermetically sealed top to containers shall be in good clean
SPECIFICATIONS FOR prevent contamination. The top of condition. Leakers will not be
the container shall permit easy accepted. Milk is to be fresh, less
DELIVERY, STORAGE AND
opening. The containers shall have than 24 hours old at time of delivery
BILLING OF MILK & flat tops or an acceptable substitute and the delivery temperature should
DAIRY PRODUCTS of consistent size which permits not exceed 38 degrees Fahrenheit.
advantageous lowerator stacking. There will be no additional charge
Each container shall show date of for milk crates.
1. The Distributor or Seller hereby
bottling in easily read figures. As
agrees that if this bid is accepted, he
part of County Recycling and Solid 10. Submission of Claims - Claims
will deliver milk as per the attached
Waste Management low volume made by the Distributor for milk
Delivery Schedule.
recyclable materials may be sold under this contract shall be
considered. submitted at the close of each
2. Submitted bid prices will be for the
calendar month. The monthly bill
full contract period except for price
7. The determination of the number of will show a listing of each delivery.
adjustments that will be permitted as
cartons required per day per school Each delivery day will require an
required by area, state, and federal
will be made by the schools and/or invoice which will be listed on the
milk marketing orders or support
participants and may vary from day monthly claim.
programs. In the event of an increase
to day. The figures quoted on the
or decrease in the Class 1-A price
attached Delivery Schedule are 11. Deliveries are to be made to the
pursuant to Federal Milk Marketing
based on an average daily (or School District's and/or county's
Order #1 for New York/New Jersey
monthly) consumption in the buildings only when a
area, the participating schools will
School/District/ participant district/agency employee is present.
authorize an adjustment
indicated. The Distributor will be
proportionately. All such price
notified the day before the scheduled 12. Estimated quantities have been
adjustments, with appropriate
delivery date for the milk orders for included for Juices and other Dairy
documentation, must be promptly
the following day or days. Delivery Products. Vendor should be aware
submitted to the CiTi Purchasing
should be made to the schools that this is a MILK BID and award
Agent for review and prior approval.
and/or participants at times will be based on low aggregate
Provide the current price
indicated. If a district is forced to bidder on the milk products.
information as indicated on the
purchase product because delivery
Escalator Clause that is part of these
specifications. has not been made in accordance 13. Price change notifications must be
with the Delivery Schedule, the sent directly to School Food Service
3. The distributor hereby agrees to Vendor will pay the difference. Directors and the Bid Coordinator.
Deliveries are to be made in an
deliver the milk to the various
enclosed refrigerated vehicle.
schools, actually placing the milk in
the refrigerator equipment.
8. All milk shall be pasteurized and
4. On the days when schools are closed shall meet the requirements of
because of weather, no milk will be Chapter 3 of the Sanitary Code
delivered to the schools unless enacted by the Public Health
arrangements have been made with Council of the State of New York.
the individual district in advance. All milk shall conform to the
The Distributor will be responsible minimum standards and
for securing the information requirements of the New York State
concerning the schools' not opening Agriculture & Market Law.
because of weather conditions.
5. Each proposal must state a uniform
price for White, Chocolate,
Skimmed, 2% White, 1% White,
and Low-fat Chocolate Milk for all
Schools and Agencies listed on the
attached Delivery Schedule.