General Instructions for Bidders
Bidders and successful bidders will be bound to the conditions and requirements set forth in these general instructions, and such instructions shall form an integral part of each purchase contract awarded by the school district.
- The date, time and place of bid opening will be given in the Notice of Bidders.
- All bids must be submitted in accordance with instructions provided by the Board.
- All bids received after the time stated in the Notice to Bidders will not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the school district. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified
- All information required by the Notice to Bidders, the General and Special Instructions, and the Bid Proposal must be given to constitute a bid.
- he submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
- No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviations from the specifications must be set forth in space provided in for this purpose.
- Prices and information required must be legible. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed or typewritten signatures are not acceptable.
- Sales to school districts are not affected by any fair trade agreements (General Business Law, Sec. 369-a, Sub 3).
- No charge will be allowed for federal, state, or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any tax.
- In all specifications, the words, “or equal” bare understood after each article giving manufacturer’s name or catalog reference, or on any patented article. The decision of the school district as to whether an alternate or substitution is in fact “equal” shall be final. If bidding on items other than those specified, the bidder must in every instance give the trade designation of the article, manufacturer’s name, and detailed specification of the item he proposed to furnish. Otherwise, the bid will be construed as submitted on the identical item as specified.
- Bids on equipment must be on standard new equipment of the latest model, and in current production, unless otherwise specified.
- All regularly manufactured stock electrical items must bear the label of the Underwriter’s Laboratories, Inc.
- When bids are requested on a lump sum basis, bidder must bid on each item in the lump sum group.
- All prices quoted must be “per unit” as specified.
- Bidder must insert the price per unit and the extensions against each item in this bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.
- Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to the destination indicated in the proposal. If an award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.
- Under penalty of perjury, the bidder certifies that:
- the bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids, and
- the contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person, not an employee or agent of the bidder or its surety on any bond furnished prior to the official opening of the bid.
- All bids must be sealed and submitted within a plain, opaque envelope, or in those furnished by the school district. Bid envelopes must be clearly marked “Bid.” Also the date and time of the bid opening as indicated on the Notice to Bidders should appear on the envelope. Telephoned quotations or amendments will not be accepted at any time.
- No interpretation of the meaning of the specifications or any other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the School District, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretation and any supplemental instruction will be sent to all bidders of record by the school district in the form of an addendum to the specifications. All addendums issued shall become a part of the bid document.
- If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specifications so state, then the successful bidder may be required to execute an agreement in relation to the performance of his contract. If the specifications so state, the successful bidder is also (maybe) required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed. The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the school district.
- The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments are made. If the sample is not in accordance with the requirements of the specification, the School District may reject the bid; or, if award has been made, cancel the contract.
- Samples, when required must be submitted strictly in accordance with instructions; otherwise, bid may not be considered. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by test. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at his expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the school district shall have the right to dispose of them as its own property.
- When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the school district. Failure on the part of the bidder to examine sample(s) shall not entitle him to any relief from the conditions imposed in the proposal, specification, etc.
- Award will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purpose for which required, and the terms of delivery.
- The school district reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part; to waive technical defects; qualifications; irregularities; and omissions if in its judgment the best interests of the district will be served. Also reserved is the right to reject bids and to purchase items on State or County Contract if such items can be obtained on the same terms, conditions, specifications, and at a lower price.
- The school district reserves the right to make awards within sixty (60) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time.
- Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award contracts on individual items or on total sums.
- If two or more bidders submit identical bids as to price, the decision of the board to award a contract to one of such identical bidders shall be final.
- A contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of this bid. Contract shall bind the school district on its part to order from the successful bidder and to pay at the contract prices, unless otherwise specified.
- The placing in the mail of a notice of award or purchase order to successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of this bid.
- If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when requested immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered. The school district reserves the right to authorize immediate purchase from other sources against rejection on any contract when necessary.
- A contract may be cancelled for non-performance.
- When materials, equipment, or supplies are rejected they must be removed by the successful bidder from the premise of the school district within five (5) days of notification. Rejected items left longer than five (5) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property.
- No items are to be shipped or delivered until receipt of an official purchase order from the school district.
- It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract of his right, title or interest therein, or his power to execute such contract, to any other person, company or corporation, without the previous written consent of the school district.
Installation of Equipment
- The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premise shall be left in neat, unobstructed condition, and the building room cleaned, and everything in perfect repair order. Materials are the property of the successful bidder unless otherwise specified.
- Equipment, supplies, and materials shall be stored at the site only on the approval of the school district and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of materials.
- Work shall be progressed so as to cause the least inconvenience to the school district and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.
- Bidders shall acquaint themselves with conditions found at the site and shall assume all responsibility for placing and installing the equipment in locations required.
- Equipment for trade-in shall be removed by the successful bidder at his expense. The condition of trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications except as affected by normal wear and tear from use to the time of trade-in. All equipment is represented simply “as is.” Equipment is available for inspection only at the delivery pointed listed for new equipment, unless otherwise specified.
Guarantees By The Successful Bidder
- The successful bidder guarantees:
- his/her products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit,
- to furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders,
- to carry adequate insurance to protect the school district from loss in case of accident, fire, theft, etc.,
- that all deliveries will be equal to the accepted bid sample, and
- the equipment or furniture delivered is standard, new, latest model or regular stock product or as required by the specifications, also that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Any merchandise provided under the contract, which is or becomes defective during the guarantee period, shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any replacement immediately upon receiving notice from the school district.
- Delivery must be made in accordance with the proposal and specifications. The decision of the school district as to reasonable compliance with delivery terms shall be final.
- The school district will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for emergency repair.
- Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers according to accepted commercial practice, without extra charge for packing cases, baling, or sacks.
- The successful bidder shall be responsible for delivery of items in good condition at the point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving school district will note for the benefit of successful bidder when packages are not received in good condition.
- Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the agent for the school district.
- Unloading and placing of the equipment is the responsibility of the successful bidder, and the school district accepts no responsibility for unloading and placing equipment. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the school district, and suppliers should notify their truckers accordingly.
- All deliveries shall be accompanied by delivery tickets or packing slips. Tickets shall contain the following information for each item delivered.
Purchase Order Number
Name of Article
Name of the Successful Bidder
Cartons shall be labeled with purchase order numbers, successful bidder’s name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.
- Payment for the used portion of an inferior delivery will be made by the school district on an adjusted price basis.
- Payment will be made only after correct presentation of claim forms and/or invoices as may be required.
- Payments of any claim shall not preclude the school district from making claim for adjustment of any item found not to have been in accordance with the specifications.
- The successful bidder shall not be held responsible for any delays by wars, acts of public enemies, strikes, fires, floods, act 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.