NOI USDA Purchases, B26-8005

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
USDA Food and Meat Purchases NOI (Net-Off-Invoice Program)
Bid Number: B26-8005
Bid Contract Dates: July 1, 2026 to June 30, 2027
Date of Bid Opening: May 5, 2026 @ 1:00 p.m.
To be purchased by:
Central Square Central School District
Fulton City School District
Hannibal Central School District
Mexico Academy & Central School District
North Rose Wolcott Central School District
Phoenix Central School District
Wayne Central School District
Cooperative CiTi Bid Do not separate these sheets
Please submit all questions on the Question form of the packet and email to the attention of:
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.

B26-8005 USDA Food & Meat Purchases NOI
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
This is a Cooperative Bid involving the School Districts of: 9. In the event that the CiTi Business Office is closed due to
Central Square Central School District, Fulton City School unforeseen circumstances, the bid deadline will be extended to
District, Hannibal Central School District, Mexico Academy the next business day when CiTi is open for business. The time of
and Central School District, North Rose Wolcott Central day will remain 1:00 p.m.
School District, Phoenix Central School District, and Wayne
Central School District. 10. A public bid opening will take place on May 5, 2026, at 1:00
p.m.
Bidding Instructions and Special Conditions
for the Submission of Vendor Responses 11. All public bid openings hosted by 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
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 CiTi, 179
12. FOR SEALED BID SUBMISSIONS: Bidders must supply
County Route 64, Mexico, New York 13114, by calling (315)
signed hard copies of their completed bids in a sealed envelope
963-4414 or emailing CooperativeBids@CiTiboces.org
marked with the name of the bidder and the bid number on the
Bid opportunities and current bids are available electronically at
front of the envelope to the address listed in the manner specified
www.CiTiboces.org/cooperativepurchasing Bid specifications can
within the Bid Documents. CiTi also strongly encourages the
also be found online at BidNet Direct:
submission 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 "Instructions for
the Submission of the Vendor Response Sheet" for
information on how to properly fill out the forms.
13. The CD or Flash Drive must be clearly labeled with the name of
3. ALL questions with regard to this bid MUST be submitted in the bid, the bid number, and the bidder's name. Bid CDs or
writing. A form is included in this packet for this purpose. Travel Drives that are not clearly labeled may be rejected.
Responses will be provided to all bidders in the form of an
addendum. 14. All express envelopes must be clearly marked with the words
"Sealed Bid Enclosed" on the front of the outside envelope. This
4. Please email the bid questionnaire form that is attached as part of is important in assuring that the bid is delivered properly. The
this bid proposal to the attention of the Bid Specialist at: sealed bid envelope must be included in the express envelope.
Cooperativebids@CiTiboces.org
15. FOR ELECTRONIC BID SUBMISSIONS: Bidders must
5. No questions will be entertained by any other means. All supply a signed photocopy of the bid forms and a completed
questions must be submitted at least 10 business days prior to the vendor response sheet (in excel format) via BidNet Direct. Please
official bid opening. Questions received after this time may not refer to the "Instructions for the Submission of the Vendor
be addressed. Response Sheet" for information on how to properly fill out
the forms.
Accepting Sealed OR Electronic Bid
16. The proposal as presented shall remain valid for a minimum
Submissions:
period of sixty days (60) from the date of bid opening.
6. SEALED BIDS must be received via mail, postal or shipping 17. Bidder must insert the price per unit as specified and the price
carrier at: CiTi, 179 County Route 64, Mexico, NY 13114 until, extension accordingly against each item bid. In the event of a
but not later than 1:00 p.m. May 5, 2026. Sealed bid envelopes discrepancy between the unit price and the extension, the unit
can also be hand-delivered to CiTi's Receiving Department price will govern. Prices shall be extended in decimals, not
(Green Steel Building across road from main campus in Mexico). fractions.
CiTi's Receiving Department is open Monday - Friday 7:00 a.m.
to 3:00 p.m. 18. In order to ascertain that bid items conform to the specifications,
vendors should provide CiTi with stock numbers for reference
7. ELECTRONIC BIDS must be submitted via BidNet Direct no during the analysis process. If CiTi is unable to verify that the
later than 1:00 p.m. May 5, 2026. This is the ONLY manner in item bid conforms to the specifications through a catalog, website
which electronic submissions will be accepted. or cut sheets, CiTi reserves the right to reject that item bid
.
8. Emailed or faxed bid responses are not acceptable.
Bid Information, Instructions and Special Conditions, Page 1 of 4

B26-8005 USDA Food & Meat Purchases NOI
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
Orders and Delivery
19. BIDDERS PLEASE NOTE: The words "Or Equivalent" shall
be considered as added to each specification, except in instances 29. Each participating School District will prepare its own individual
where "ONLY" or "NO SUB" is stated. CiTi reserves the right to
Purchase Order for its respective share of the bid. Quantities
request samples of items where an equivalent is bid. It is the
listed on the bid are from the school districts listed as active
responsibility of the bidder to notify CiTi when such
participants.
substitutions are incorporated. Please note any substitutions
on the bid form. Please indicate your Catalog/Vendor Item
30. Delivery is to be made to multiple locations in each School
Number in the space provided on the electronic bid form.
District. The Purchase Order shall designate the place of delivery.
Vendors may be required to send catalogs to the School Districts
if requested.
31. Invoices shall be presented to each School District for the
quantities ordered as per the Purchase Order.
20. A vendor's website link to the vendor's 'up to date' online
catalog may be accepted. The vendor's catalog/item number
32. Purchases made by the School Districts, because they are
must correlate to the item being bid to verify conformity to the
governmental agencies, are not subject to any sales tax.
item specification. A bid item will not be accepted if the
vendor's item number does not provide or link to the item's
33. Delivery is to be made per the included Delivery Schedule.
information as bid.
Partial shipments will be expected if the full shipment cannot
be made within the Delivery Schedule. Payment for a partial
21. If the vendor is offering a substitute item with the same
shipment will be made upon receipt of the invoice for the items
packaging as the items specified, the vendor shall provide the
delivered. The vendor must make notes on the included
substitute information as well as the packaging information. The
Exception Sheet if they cannot deliver per the Delivery Schedule.
bid software will not recognize the vendor's substitute offer if
If no timeline is noted, delivery should be made within 30 days
the packaging information is not provided and will not
ARO.
evaluate the bidders pricing for that item. Failure to provide
packaging information with a substituted item will result in
34. It is expected that any items bid with expiration dates will not
the rejection of the bid item.
expire until after the conclusion of the bid contract. Any items
received by the districts that expire before the conclusion of the
22. The bidder shall not change or provide the bid sheets in a
bid contract will be returned to the vendor at the vendor's
different format than the one provided. Any change in the
expense and will be credited or replaced at no additional cost to
electronic format will prevent the CD or travel drive from being
the school.
read by the bid evaluation software and therefore will result in
the rejection of the bidders' submittal.
35. A MATERIAL SAFETY DATA SHEET must accompany each
bid item delivered containing a Chemical Substance. If Material
23. In all specifications that state "ONLY", that brand will be the
Safety Data Sheets are available on-line, please include a
only product acceptable. If bidder would like to bid on items
statement stating such and the on-line address. Failure to include
other than those specified, that product must be pre-approved by
these requisite data sheets or source for data sheets will prohibit
the districts and added to the bid descriptions. If another brand is
the processing of payment.
bid that item will be considered as a no bid item. All products
marked as "special order" will be considered as a no bid item.
36. After receipt of an order, the vendor agrees to call the district
within three (3) working days, concerning any out-of-stock items,
24. The following three (3) forms are included herein and form a part
or defect in the purchase order. If a district is forced to purchase
of this bid proposal: 1. Bid Proposal Certifications (Non-
out of stock items or items not meeting specifications from
Collusion Bidding Certification and Conflict of Interest
another vendor, the difference must be paid by the original
Certification). 2. Exceptions or Limitations/Acknowledgement
vendor.
of Terms and Conditions. 3. Iran Divestment Act Certificate of
Compliance. Failure to fully execute these three (3) statements
37. During the scheduled delivery times, the vendor agrees to remove
will constitute grounds for rejection of a bid submission.
all damaged cases that are visible and all products that are found
damaged upon opening, or products which do not meet
25. The bidder shall state the discount that will be allowed in the
specifications.
School Districts for prompt payment. In the absence of such a
discount, payment will be made approximately thirty days (30)
after receipt of materials and invoice.
26. All bids are to be on the basis of delivery prepaid to
destination.
27. CiTi reserves the right to waive any informality on bids received.
28. CiTi reserves the right to reject any or all bids and to re-advertise.
Bid Information, Instructions and Special Conditions, Page 2 of 4

B26-8005 USDA Food & Meat Purchases NOI
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
38. Pertinent information: 46. OUT OF STOCK ITEMS: After receipt of an order, the vendor
Damaged goods not removed by the vendor, as stated, will be agrees to call the district within three (3) working hours,
regarded as abandoned and the district shall have the right to concerning any out-of-stock items. Substitutions for out-of-stock
dispose of them as its own property. This condition addresses the items may not be made without advanced approval by the district.
following concerns: If a district is forced to purchase out of stock items or items not
meeting specifications from another vendor, the difference must
a. Damaged cases discovered during and after delivery be paid by the original vendor. Districts will notify the Vendor
b. Products that do not meet specifications prior to using this "buy against" clause.
c. Storage of such items
d. Ownership of such items 47. PRICES: The bidder shall insert the price per stated unit which
they propose to furnish and deliver. For each item bid, the bid
In any of the situations mentioned, the vendor is required to pick price will be reflected on the invoice. Prices must be maintained
up damaged goods at the time of delivery and immediately issue and held firm for the duration of the contract period.
credit. Additionally, if the discrepancies are not noted until after
receipt of the goods, the vendor agrees to pick up the items on the 48. ESTIMATED QUANTITIES: Actual orders may be affected by
next delivery. In either event, if the vendor does not adhere to occurrences such as government subsidies changes or excessive
these terms, the district gains title to the property and needs only "snow days." School Districts will notify vendors as soon as
to maintain a record of the delivery date and the item codes to be possible when actual quantities change. Quantities of items
entitled to credit. indicated are provided by the participating school districts.
Special Instructions to Bidders 49. The School Districts have the option to change the NOI
NOI (Net-Off-Invoice Program) commodity end product when placing an order, but only when all
of the following conditions exist:
a. the commodity code is the same as given in the bid
39. Only those vendors who are registered with the USDA and duly
estimates.
authorized by said United States government agency to
b. the processor remains the same.
participate in the Net-Off-Invoice (NOI) program are eligible to
c. the final case cost awarded via
submit bids in response to this bid.
this bid for both end product
commodities are the same.
40. The manufacturer must have Net-Off Invoice Pricing and a local
i.e. Commodity Code: 100###
distributor approved by the Office of General Services or direct
Processor Id: PRO##
billing with delivery via local vendor approved by the
Final Case Cost of: Chicken Breaded Strips = Chicken
cooperative and the Office of General Services.
Breaded Patty.
41. The Bidder shall notify CiTi of any change in the status of their
46. DELIVERY MINIMUM: Bidders are encouraged to refrain
agreement as a Processing Contractor within five (5) working
from imposing a minimum order or drop charge. If the bidder
days of the notice that a change in status is to take place or as
imposes a minimum order or drops charge, the bidder shall place
instructed by the Agency.
on the bid document, the minimum order or drop charge amount.
The policy must be outlined in a proposal that is reasonable and
42. If a Government Donated Commodity becomes available which attempts to meet the needs of the cooperating districts and
can be used in production of this product, a successful bidder addresses the cost containment concerns of the bidder. Sound
will, after approval of the Bureau of Donated Foods, use that judgment must be used in developing this policy. CiTi reserves
food in its production and pass the savings on to the School the right to discuss and offer suggestions to modify this policy.
District. If the bidder does not agree, the Agency reserves the The bidder is expected to be flexible in offering this policy while
right to re-bid or award an alternate bidder. CiTi expects to be able to reach consensus on this policy. Weight
will be given to this policy in making the final vendor
43. ITEM SPECIFICATIONS AND BRANDS: It is the bidder's selection regarding this bid proposal.
responsibility to establish that the products bid meets all
specifications, e.g. USDA grade standards. 47. ACCOUNTS: If a unique customer account, specifically tied to
NOI bid award pricing, is required for the participating school
44. BRAND SPECIFIC: Manufacturer's name and product description districts, the bidder shall indicate such requirement in the bid
used in this solicitation are product specific. The items offered in submission. If a bidder requires a unique customer account for
response to this solicitation must be the manufacturer and type NOI orders and is imposing a minimum order or drop change, the
specified. bidder must indicate if NOI orders can be combined with other
product orders so that the minimum order requirement can be
45. CiTi reserves the right to increase or decrease the amount of met.
commodities to be processed and/or diverted, with no change in
the bid prices.
Bid Information, Instructions and Special Conditions, Page 3 of 4

B26-8005 USDA Food & Meat Purchases NOI
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
48. AUDITS: CiTi and the participating school districts reserve the 57. The CiTi/School District and the vendor will submit all
right to perform audits of the successful bidders and of the items complaints in writing to the appropriate party(s) within four (4)
and billing processes as they relate to this bid. Failure to provide days of occurrence of any incident. The Cooperative Bidding
requested information within seven (7) calendar days of the Office will maintain a file of all complaints that are submitted
request may result in the cancellation of the contract. from both the CiTi/School District and the vendor.
49. INNOVATIVE PRODUCTS IN THE INDUSTRY: Every effort, 58. This will be an annual bid. The bid period will be from 7-1-26 to
to expand the population of food and meat for the school districts 06-30-27.
and CiTi, will be made to meet their best interest. New and
improved items will benefit both the bidder and the districts by 59. Failure to adhere to these instructions will constitute grounds for
providing additional sales opportunities. It is therefore imperative rejection of the bid.
that the bid conditions are strictly met.
50. CiTi RESERVE: The right to extend this bid agreement beyond
the specified period. This will be executed upon determination of
the school district's and CiTi's best interest. The extension will
not exceed ninety days (90).
51. SAVING CLAUSE: The successful bidder shall not be held
responsible for any losses resulting from the delay or prevention
in fulfilling the contract terms due to 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.
Force Majeure
52. The successful bidder shall not be held responsible for any losses
resulting if the fulfillment of the terms of the contract shall be
delayed or prevented by wars, acts of public enemies, strikes,
fires, acts of God, or for any other acts not within control of the
successful bidder and which by the exercise of reasonable
diligence he/she is unable to prevent.
53. Products and quantities listed on the bid are CiTi's best estimate
based on the projected instructional plan for CiTi and
participating school districts. If CiTi or the participating school
districts' instructional plans change due to unforeseen and/or a
force majeure event, the actual quantities purchased might also
change.
Award
54. Notice of Award shall be made to the successful bidder within
sixty days (60) from the date of bid opening. The award for this
bid will take place at the June 17, 2026, CiTi Board Meeting.
55. The bid will be awarded in a line-by-line manner or by
subcategory (by Processor) or in an aggregate manner to one
vendor, whichever method will be in the best interest of the
participating school districts.
56. Vendors may not be considered for an award if there are not a
substantial amount of items or value of items to be awarded to the
vendor and/or where an award of these items would result in the
ordering members processing purchase orders amounting to
$25.00 or less, or where the minimum ordering amount cannot be
met.
Bid Information, Instructions and Special Conditions, Page 4 of 4

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 item 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"
to mean that the bidder is fully informed as when "per dozen" is requested; otherwise
"Bid" An offer to furnish materials,
to the extent and character of the supplies, bid may 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

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

contract between the successful bidder and
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.
General Conditions - Page 3 of 5

monies. It is understood that neither this
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. Carton 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
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