COUNTY OF SCHENECTADY - Schenectady County
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COUNTY OF SCHENECTADY
REQUEST FOR BIDS
Schenectady County
Purchasing Department
RFB-2021-31
DISPOSABLES & CLEANING SUPPLIES
SCHENECTADY COUNTY PURCHASING DEPARTMENT
County Office Building
620 State Street – 6th Floor
Schenectady, New York 12305
purchasing@schenectadycounty.com
Website: www.schenectadycounty.com
518.388.4242
RFB-2021-31 Page 1 of 46Schenectady County Request for Bid
Disposables & Cleaning Supplies
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Bid Cover Page/Checklist
Bid Cover Page/Checklist
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Bid Schedule:
Last Date to Submit Questions April 28, 2021 at 12:00 PM
Bid Received By May 6, 2021 at 2:00 PM
BID SUBMISSION CHECKLIST
(Please RETURN ONLY the FOLLOWING ITEMS with your BID Submission).
Do not return the full specification set.
Check Mark Description
Bid Cover Page/Checklist (This Page)
Bid Form
Appendix A: Detailed Bid Sheet (PAPER COPY)
Appendix A: Detailed Bid Sheet (ELECTRONIC .XLS COPY)
Non-Collusion Form
Iranian Divestment Form
Board of Directors Resolution (if applicable)
Disclosure of Prior Responsibility
Certification for Prevention of Sexual Harassment
W-9
SCHENECTADY COUNTY PURCHASING DEPARTMENT
County Office Building
620 State Street – 6th Floor
Schenectady, New York 12305
purchasing@schenectadycounty.com
Website: www.schenectadycounty.com
518.388.4242
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Table of Contents
TABLE OF CONTENTS
Notice to Bidders 4
Bid Summary 5
General Instructions to Bidders 7
Standard Provisions 15
Non-Collusive Certification 22
Iranian Energy Divestment 23
Board of Directors Resolution 24
Disclosure of Prior Responsibility Determinations 25
Certification for Prevention of Sexual Harassment 27
Schenectady County Sexual Harassment Policy 28
Specifications 41
Bid Form 44
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Notice to Bidders
NOTICE TO BIDDERS
RFB-2021-31
Disposables & Cleaning Supplies
The County of Schenectady is seeking proposals from qualified contractors for the procurement
of disposable paper/kitchen supplies, cleaning supplies, and plastic products .
Specifications may be downloaded from BidNet Direct at www.bidnetdirect.com/new-york or
electronic or paper copies may be requested by submitting a request via email to
purchasing@schenectadycounty.com.
All proposals must be delivered in a sealed envelope marked “Bid” and stating the title and
number of the bid, to the Purchasing Department, no later than 2:00 PM on May 6, 2021, at
which time they will be opened.
Vendors are not required to bid on all items within the bid to be an awardee.
Woman and minority owned businesses are encouraged to submit proposals. Schenectady
County is an Equal Employment Opportunity/Affirmative Action employer.
The right is reserved to reject any and all proposals or any part thereof.
Purchasing Department
County of Schenectady
Schenectady County Office Building
620 State Street
Schenectady, NY 12305
(518) 388-4242
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Bid Summary
1.0 Bid Identification
1.1 This bid is for the procurement of cleaning supplies and various disposable
paper/plastic products.
2.0 Requesting Department:
2.1 Schenectady County Purchasing Department
3.0 Bid Number
3.1 RFB-2021-31
4.0 PURPOSE
4.1 The intent of these specifications is to furnish cleaning supplies and disposable
paper/plastic products for use by various County departments.
4.2 Minority Business Enterprises (MBE’s) and Women Business Enterprises
(WBE’s) are encouraged to apply.
5.0 Bid Submission Deadline
5.1 Bids must be received to the Purchasing Department no later than May 6, 2021 at
2:00 PM at which time they will be opened and reviewed.
5.2 QUESTIONS
5.2.1 Questions regarding this bid must be submitted electronically to
purchasing@schenectadycounty.com on or before April 28, 2021 at
Noon. Questions received after this date will not be answered.
6.0 Bid Submission
6.1 Vendors are hereby requested to submit an electronic copy of their bid sheets
in Excel Format, if available, via CD/DVD or thumbdrive included within the
bid envelope.
6.2 Bids must still include a paper copy of the bid sheets.
6.3 In the event of a discrepancy, the paper copy will take precedent.
7.0 Term of Bid
7.1 The bid award shall be from award through April 30, 2022. Prices shall remain in
effect for the entire bid period.
7.2 This contract is renewable for up to two additional one (1) year terms at the
discretion of Schenectady County Purchasing and with written agreement from
the vendors. Partial renewals will be accepted or rejected at the sole discretion of
the county.
7.3 Upon request of renewal consideration, vendors will have the option of proposing
one price increase request for all awarded items (by line item) for the County’s
review and consideration. The price increase request must include a justification
for the proposed increase. Acceptance will be at the discretion of the Purchasing
Department based on the best interests of the County.
7.4 The County may request an extension of up to thirty (30) days of the current bid
prices in order to allow time to complete the next bid analysis, if needed.
7.5 Schenectady County is a member of several Group Purchasing Organizations
(such as but not limited to Amerinet, United Iroquois Shared Services, and
Premier, Inc.). Prices shall remain firm for the entire bid period except when
changes are made due to changes to the Group Purchasing Organization contract.
The bidder must have listed the specific GPO with the item on the bid sheets
attached hereto.
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Bid Summary
8.0 Item Changes/Additions
8.1 Manufacturer’s Discontinuance of Items
8.1.1 During the term of the bid, in the event that a manufacturer discontinues a
bid item, the awardee must notify Schenectady County Purchasing of the
discontinued item, the recommended substitute, and the proposed cost. It
is expected whenever possible that the unit price (i.e. cost/oz., cost/sheet)
will be the same as the bid item. In the event that it not, Schenectady
County reserves the right to cancel the award for the individual item and
rebid the item or negotiate an acceptable price on the substituted item for
the duration of the bid.
8.2 New Items
8.2.1 During the term of this bid, in the event that a department requires the
addition of a new cleaning supply or paper good, the county hereby
reserves the right to request pricing through the bid term from those
vendors awarded items via this bid and to thereby add these items to the
current award.
9.0 Bid Security
9.1 No bid security is required for this bid.
10.0 Safety Data Sheets
10.1 Upon receipt of the notification of award, all vendors must supply to the
Purchasing Department the Safety Data Sheets for all awarded items. These may
be provided via a URL link or via PDF. All copies should be submitted
electronically.
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General Instructions to Bidders – Purchasing V2021.1
I. Bid Distribution A. Unless otherwise stated in the Bid Summary
A. The County of Schenectady officially sheet, the following requirements are in
distributes bidding documents through the place for Bid Security.
Purchasing Division Office or through the B. Each bid must be accompanied by a bid bond
Bidnet/Empire State Purchasing Group bid or certified check in the amount equal to five
notification system (5) percent of the total base bid drawn upon
(www.bidnetdirect.com/new-york). Copies of a national or state bank or trust company, to
bidding documents obtained from any other the order of the Director of Finance,
source are not considered official documents. Schenectady, County. If bid is accepted, the
Only those vendors who obtain bidding successful Bidder will enter into a contract for
documents from either the Purchasing the same and will execute such further
Division Office or the ESPG are guaranteed to security as may be required for the
receive addendum information, if such performance of the contract. BID SECURITY
information is issued. SHALL BE INCLUDED WITH BID AT TIME OF
B. If you have obtained this document from a BID OPENING; FAILURE TO DO SO MAY CAUSE
source other than the Schenectady County REJECTION OF THE BID AS MATERIALLY
Purchasing Division or the Bidnet bid INCOMPLETE.
notification system, it is strongly C. The Bid Security of the successful Bidder will
recommended that you obtain an official be retained until such Bidder has executed
copy. the contract `and furnished the required
II. Bidding Documents Contract Security, whereupon it will be
A. Complete sets of the Bidding Documents may returned. If the successful Bidder fails to
be obtained or examined as stated in the execute and deliver the contract and furnish
Notice to Bidders. the required Contract Security within fifteen
B. Complete sets of Bidding Documents must be (15) days of the Notice of Award, the County
used in preparing bids. The County does not may annul the Notice of Award and the Bid
assume any responsibility for errors or Security of that Bidder will be forfeited.
misinterpretations resulting from the use of D. Bid security of other bidders will be returned
incomplete sets of Bidding Documents. within seven (7) days after the award of
III. Submission of Bids contract to the successful Bidder.
A. Bids and any other required documents must V. Non-Appropriations Clause
be submitted, sealed in an opaque envelope, A. Notwithstanding anything contained herein
plainly marked with the name and number of to the contrary, no default shall be deemed
the bid and the name and address of the to occur in the event no funds or insufficient
bidder and accompanied by the required funds are appropriated and budgeted by or
documents. are otherwise unavailable to the County for
B. Bids must be received no later than the date payment under this Agreement. The County
and time specified in the Bid Summary Sheet. will immediately notify the Contractor of such
C. Bids must be submitted to: occurrence and this Agreement shall
Schenectady County Purchasing Department terminate on the last day of the fiscal period
County Office Building for which appropriations were received
620 State Street – 6th Floor without penalty or expense to the County of
Schenectady, NY 12305 any kind whatsoever, except as to those
D. Schenectady County reserves the right to portions herein agreed upon for which funds
reject any or all bids in whole or in part, to shall have been appropriated and budgeted.
waive any and all informalities, and to VI. Qualification of Bidder
disregard all non-conforming, non- A. Schenectady County may make such
responsive, or conditional bids. investigations as it deems necessary to
IV. Bid Security determine the ability of the Bidder to
perform the work. The Bidder shall furnish to
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the County, within five (5) days of a request, A. Bid Form is attached hereto; additional copies
all such information requested to complete may be obtained from the County.
the investigation. B. Bids must be made on the Bid Form provided
B. Conditional bids will not be accepted. by the County. The Bid Form must be
VII. Disqualification completed in ink or by typewriter. The Bid
A. Bids received from bidders who have Form must also be signed by an authorized
previously failed to complete contracts within representative of the bidder.
the time required, or who have previously C. Bids by corporations must be executed in the
performed similar work in an unsatisfactory corporate name by the president or a vice-
manner, may be rejected. A bid may be president (or other corporate officer
rejected if the bidder cannot show that it has accompanied by evidence of authority to sign
the necessary ability, plant and equipment to on behalf of the corporation) and the
commence the work at the time prescribed corporate seal must be affixed by the
and thereafter to perform and complete the secretary or an assistant secretary. The
work at the rate or within the time specified. corporate address and state of incorporation
A bid may be rejected if the bidder is already must be shown below the signature.
obligated for the performance of other work D. Bids by partnerships must be executed in the
which would delay the commencement, partnership name and signed by a partner,
performance or completion of the work. whose title must appear under the signature.
B. Schenectady County reserves the right to The official address of the partnership must
reject any bid if the information submitted be shown below the signature.
by, or investigation of, such bidder fails to E. All names must be printed or typed below the
satisfy the County that such bidder is properly signature.
qualified to carry out the obligations of the F. The bid must contain an acknowledgment of
contract and to complete the work receipt of all Addenda (the number of which
contemplated therein. will be filled in on the Bid Form).
C. Bids may be considered irregular and may be G. The address to which communications
subject to rejection for the following reasons: regarding the bid are to be directed must be
1. If the bid is on a form other than that included on the Bid Form.
furnished by Schenectady County, or, if X. Specification Clarification
the Schenectady County’s form is A. All inquiries with respect to this Request for
altered, or, if any part of the bidding Bids must be directed to the Schenectady
documents is detached. County Purchasing Department via email to
2. If there are unauthorized additions, purchasing@schenectadycounty.com
conditional or alternate pay items, or B. All questions about the meaning or intent of
irregularities of any kind which make the the specification must be submitted to the
bid incomplete, indefinite, or otherwise aforementioned department in writing.
ambiguous. Replies will be issued by Addenda via email to
3. If the bid is not accompanied by the Bid all parties recorded as having received the
Security as specified by Schenectady bidding documents.
County. C. Addenda will also be posted on the Bidnet Bid
VIII. Non-Collusive Bidding Certificate System.
A. All bidders bidding under the provisions of D. Questions received less than three (3) days
the specifications are subject to the prior to the date of submission of bids will
provisions of Section 103 of the General not be answered. This timetable may be
Municipal Law of the State of New York. A overridden by a specified “Last Date for
signed Non-Collusive Bidding Certificate is Submission of Questions” within the bidding
required to be submitted with each bid on documents, Bid Summary Sheet, or Project
the form provided by the County. Timetable.
IX. Bid Form
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E. The County will be bound by responses given withdraw its bid and the bid security will be
by formal written Addenda only. returned.
XI. Bid Evaluation XIII. Award of Bid
A. Bids shall remain valid until: A. Award will be made as determined to be in
1. the execution of a contract by the best interest of a Schenectady County.
Schenectady County; or B. All offers received shall be net cost to the
2. the award of a purchase order by County of Schenectady. The County shall not
Schenectady County; or be responsible for any additional costs;
3. as otherwise rejected by Schenectady including, but not limited to, overtime
County; or required by the vendor to meet the
4. 45 days after bid opening. appropriate deadlines.
B. Bids received will be evaluated by C. The apparent successful Bidder will be issued
Schenectady County and will be based, as a a Notice of Award in the form of a
minimum, upon the following criteria: Schenectady County purchase order or
1. Lowest total bid cost and projected contract.
timetable for completion of services D. The County reserves the right to purchase
and/or delivery of goods described items pursuant to General Municipal Law 104
herein; from New York State Contracts, other County
2. Completeness of the bid; and contracts, or New York State Preferred
3. Bidder's demonstrated capabilities and Sources within its discretion.
professional qualifications. E. No successful bidder to whom a contract or
C. The County reserves the right to purchase purchase order is let, granted or awarded,
items pursuant to General Municipal Law 104 shall assign, transfer, convey, sublet, or
from New York State contracts, other County otherwise dispose of same, or of its right,
contracts, or New York State Preferred title, and interest herein, including the
Sources within its discretion. performance of the contract or purchase
D. For those requests for bid issued as requests order or the right to receive monies due or to
for bids at the item level: become due, or of its power to execute the
1. The County reserves the right to award contract or purchase order without the prior
the contract on a per item, category, or written consent of the Schenectady County
aggregate basis, whichever is most Purchasing Agent. In the event the
beneficial to the County of Schenectady. contractor shall without prior written consent
2. Bidders need NOT submit bids for all assign, transfer, convey, sublet or otherwise
items listed to be eligible for an award of dispose of the contract or purchase order or
the contract. of its right, title and interest therein,
XII. Modification and Withdrawal of Bids including the performance of this contract or
A. Bids may be modified or withdrawn at any purchase order, or the right to receive monies
time prior to the opening of bids by an due or to become due, or its power to
appropriate document duly executed (in the execute such contract or purchase order to
manner that a bid must be executed) and any other person or corporations, or upon
delivered to the place where bids are to be receipt by Schenectady County of an
submitted. attachment against the Successful Bidder, the
B. If, prior to awarding of the contract or within County of Schenectady shall be relieved and
three days after opening, whichever period is discharged from any and all liability and
shorter, any bidder files a duly signed written obligation growing out of such contract or
notice with the County and promptly purchase order to such contractor, and the
thereafter demonstrates to the reasonable person or corporation to which such contract
satisfaction of the County that there was a or purchase order shall have been assigned,
material and substantial mistake in the its assignees, transferees or sub lessees shall
preparation of its bid, that bidder may forfeit and lose all monies theretofore
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assigned under the contract or purchase G. COUNTY IS NOT SUBJECT TO FEDERAL, STATE
order, except so much as may be required to OR LOCAL TAXES.
pay its employees. XVI. Indemnification
XIV. Remedy for Breach A. The successful bidder shall indemnify, save,
A. In the event of a breach by CONTRACTOR, and hold harmless the County of
CONTRACTOR shall pay to the COUNTY all Schenectady, its officers, agents, servants,
direct and consequential damages caused by and employees from any and all liability for
such breach, including, but not limited to, all anything and everything whatsoever arising
sums expended by the COUNTY to procure a from loss or damage due to any act or
substitute contractor to satisfactorily omission of the Contractor, its clients, agents,
complete the contract work. or employees. See attached Standard
XV. Delivery and Payment Provisions
A. All bid prices shall include freight and shall XVII. Anti-Discrimination Clause
be quoted F.O.B. destination. A. Pursuant to Section 220-E of the NYS Labor
B. Schenectady County operates a formal Law, regarding provisions in contracts
Purchase Order System. Under NO prohibiting discrimination on account of race,
circumstances will the vendor or contractor creed, color or national origin in employment
be paid without a purchase order. Contractor of citizens upon public works, the Contractor
shall deliver only the items specified on the agrees:
purchase order. Any Contractor, who delivers 1. That in the hiring of employees for the
items which are not ordered, or who performance of work under this contract
duplicates or overships items, does so or any subcontract hereunder, no
entirely at his own expense. Such shipments contractor, subcontractor, nor any
will be at no cost or responsibility to person acting on behalf of such
Schenectady County. contractor or subcontractor, shall by
C. All deliveries shall be made within ten (10) reason of race, creed, color, disability,
business days of vendor’s receipt of purchase gender, marital status, military status,
order, unless otherwise specified in the Bid sexual orientation or national origin
Specifications or Summary Sheet, or as discriminate against any citizen of the
otherwise agreed upon between the vendor state of New York who is qualified and
and the Purchasing Department. available to perform the work to which
D. Unless otherwise specified by the County, the employment relates;
inside delivery is required. Some delivery 2. That no contractor, subcontractor, nor
locations are not equipped with loading docks any person on his behalf shall, in any
and no additional compensation shall be paid manner, discriminate against or
to vendors for inside delivery at those intimidate any employee hired for the
locations. performance of work under this contract
E. Orders will be placed on an “As Needed” on account of race, creed, color,
basis by Schenectady County departments. disability, gender, marital status, military
There will be no minimum order amounts status, sexual orientation or national
required. Bids stipulating minimum quantity origin;
of dollar value orders may be rejected by 3. That there may be deducted from the
Schenectady County at its sole discretion. amount payable to the contractor by the
F. Prior to payment, the items furnished and or state or municipality under this contract
work performed will be inspected by the a penalty of fifty dollars for each person
Purchasing Agent or his designee to for each calendar day during which such
determine their conformity to specification. person was discriminated against or
No payment will be made for items or work intimidated in violation of the provisions
not meeting specification. of the contract;
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4. That this contract may be cancelled or Schenectady County Purchasing Department
terminated by the state or municipality, has received the sample. Schenectady
and all moneys due or to become due County will not be responsible for any
hereunder may be forfeited, for a second charges incurred by the vendor for the
or any subsequent violation of the terms provision, packaging, shipping, or return of
or conditions of this section of the samples. Items submitted shall be clearly and
contract; and securely marked for identification, as per the
5. The aforesaid provisions of this section specifications. Labels showing manufacturer
covering every contract for or on behalf and fabric content should be attached to all
of the state or a municipality for the samples. The awarded vendors’ samples will
manufacture, sale or distribution of be retained by the Department for the
materials, equipment or supplies shall be duration of the quote, for verification of
limited to operations performed within future deliveries.
the territorial limits of the state of New XX. Insurance Requirements
York. A. Also see attached Standard Provisions
XVIII. Interpretation B. No work shall be commenced under the
A. In the event of any discrepancy, contract or purchase order until the
disagreement or ambiguity among the successful Bidder has delivered to the County
documents which comprise this RFB, and/or, Purchasing Agent or his designee proof of
the Agreement (between the County and the issuance of all policies of insurance required
successful bidder/proposer) and its by the contract to be procured by the
incorporated documents, the documents successful Bidder.
shall be given preference in the following C. If at any time, any of said policies shall expire
order to interpret and to resolve such or become unsatisfactory to the County, the
discrepancy, disagreement or ambiguity: 1) successful Bidder shall promptly obtain a new
the Agreement; 2) the RFB; 3) the policy and submit proof of insurance of the
Contractor’s proposal or bid. same to the County for approval. Upon failure
XIX. Equivalent Goods of the successful Bidder to furnish, deliver
A. Manufacturers name brands are listed to and maintain such insurance as above
indicate minimum requirements and bidding provided, the contract or purchase order
may be on brands listed, (if specified), or may, at the election of the County, be
equivalent. Specifications shall be furnished forthwith declared suspended, discontinued
by bidder to support equivalency. In the or terminated.
event of any claim by any unsuccessful bidder D. Failure of the successful Bidder to procure
concerning or relating to the issue of “equal and maintain any required insurance shall not
or better” or “or equal”, the successful bidder relieve the successful Bidder from any liability
agrees, that his own cost and expense, to under the contract, nor shall the insurance
defend such claim or claims and agrees to requirements be construed to conflict with
hold the County of Schenectady free and the obligations of the successful Bidder
harmless from any and all claims for loss or concerning indemnification.
damage arising out of this transaction for any XXI. Prevailing Wage-As applicable.
reasons. A. All laborers providing services under this
B. UPON REQUEST ONLY, unless otherwise contract, whether employed by the
notated in the bid specifications, vendors are Contractor or by the Subcontractor(s), shall
required to submit a sample of each item be paid not less than the current prevailing
quoted within 72 hours of request to the rate of wages and shall be provided
Schenectady County Purchasing Department supplements not less than the prevailing
or to any political subdivision or authorized supplements as established by the New York
districts located in the state of New York. It is State Department of Labor, per the New York
the bidder’s responsibility to assure that the State Prevailing Schedule of Wages.
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B. All vendors submitting bids agree to conform more shall have in place agreements
to all current NYS Department of Labor and providing appropriate apprenticeship training
prevailing wage laws. The County has applied programs approved by the Commissioner of
for and has received a PRC number for this the Department of Labor for the type and
project, which has been included with this scope of work to be performed before the
document as an attachment. The successful contracts are let. These agreements shall
vendor(s) is/are responsible for complying conform to the procedures and requirements
with all current labor rates and regulations set forth in Section 816-b of the New York
throughout the duration of any contract State Labor Law.
resulting from this document. For policy or XXIII. Affirmative Action Requirements
rate questions call the NYS Department of A. This section is applicable to construction
Labor at (585) 258-4505. Actual rates are contracts of $200,000 or more.
available via the internet at: B. It is the policy of the County of Schenectady
http://198.22.236.39/prevailing_wage_home. that Minority Business Enterprises (MBE) and
shtm or from the Schenectady County Woman Business Enterprises (WBE) are
Purchasing Department at the address listed afforded the maximum opportunity to
on the Notice to Bidders. participate in the performance of contracts,
C. Payrolls and Payroll Records: Every in excess of $200,000, let by the County and
contractor and subcontractor MUST keep its several agencies and authorities. The
original payrolls or transcripts subscribed and County commits itself to a goal oriented
affirmed as true under penalty of perjury. Contract Compliance Program which assures
Payrolls must be maintained for at least five that Minority Business Enterprises and
(5) years from the project's date of Woman Business Enterprises are considered
completion. At a minimum, payrolls must in awarding contracts for goods, services and
show the following information for each construction. Furthermore, it is the policy of
person employed on a public work project: the County of Schenectady that contractors
Name, Social Security number, and subcontractors utilize minority and
Classification(s) in which the worker was women labor to the greatest extent feasible.
employed, Hourly wage rate(s) paid, C. In bidding on this contract, the contractor
Supplements paid or provide, and Daily and acknowledges an understanding of this
weekly number of hours worked in each policy. The contractor shall carry out the
classification. policy by making every reasonable effort to
D. Every contractor and subcontractor shall award contracts and subcontracts to MBEs
submit to the Department of Jurisdiction and WBEs and utilizing minority and women
(Contracting Agency), within thirty (30) days labor in the performance of this contract.
after issuance of its first payroll and every D. In an effort to assist contractors with
thirty (30) days thereafter, a transcript of the compliance attached you will find the
original payrolls, subscribed and affirmed as following documents attached: Affirmative
true under penalty of perjury. The Action WMBE Utilization Policy and
Department of Jurisdiction (Contracting Affirmative Action Compliance Forms.
Agency) shall receive and maintain such XXIV. Iranian Energy Sector Divestment
payrolls. A. Contractor/Proposer hereby represents that
XXII. Apprenticeship Training Program said Contractor/Proposer is familiar with New
A. This section is applicable to construction York State General Municipal Law Section
contracts of $200,000 or more. 103-g entitled “Iranian Energy Sector
B. In accordance with Schenectady County Divestment”, in that said
Legislative Resolution No. 22 of February 11, Contractor/Proposer has not:
2003 and Section 816-b of the new York State 1. Provided goods or services of $20 Million
Labor Law, contractors and subcontractors of or more in the energy sector of Iran
County construction contracts of $200,000 or including but not limited to the provision
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of oil or liquefied natural gas tankers or Municipal Law Section 103-g to award
products used to construct or maintain the Bid/Proposal to any Bidder/Proposer
pipelines used to transport oil or who cannot make the certification, on a
liquefied natural gas for the energy case-by-case basis under the following
sector of Iran. circumstances:
2. Acted as a financial institution and a. The investment activities in Iran were
extended $20 Million or more in credit to made before April 12, 2012, the
another person for forty-five days or investment activities in Iran have not
more, if that person’s intent was to use been expanded or renewed after April
the credit to provide goods or services in 12, 2012, and the Bidder/Proposer has
the energy sector in Iran. adopted, publicized and is
B. Any Contractor/Proposer who has implementing a formal plan to cease
undertaken any of the above is identified on a the investment activities in Iran and to
list created pursuant to Section 165-a (3)(b) refrain in engaging in any new
of the New York State Finance Law as a investments in Iran; or
person engaging in investment activities in b. The County of Schenectady has made
Iran, shall not be deemed a responsible a determination that the goods or
bidder pursuant to Section 103 of the New services are necessary for the County
York State General Municipal Law. to perform its functions and that,
C. Except as otherwise specifically provided absent such an exemption, the County
herein, every Contractor/Proposer submitting would be unable to obtain the goods
a bid/proposal in response to this Request for or services for which the Bid/Proposal
Bids/Request for proposals must certify and is offered. Such determination shall
affirm the following under penalties of be made by the County in writing and
perjury: shall be a public document.
1. “By submission of this bid, each bidder XXV. Extension of Bids to All Political Subdivisions and
and each person signing on behalf of any Authorized Districts Located in the State of New
bidder certifies, and in the case of a joint York
bid, each party thereto certifies as to its A. It is the intent of this Request For Bids that all
own organization, under penalty of political subdivisions, and districts located in
perjury, that to the best of its knowledge the State of New York, be entitled to make
and belief, that each bidder is not on the purchases of materials, equipment or
list created pursuant to NYS Finance Law supplies from the resulting bid award.
Section 165-a (3)(b).” Schenectady B. No officer, board or agency of a county,
County will accept this statement town, village, or school district shall make any
electronically in accordance with the purchase through the County when bids have
provisions of Section 103 of the General been received for such purchase by such
Municipal Law. officer, board or agency, unless such
2. Except as otherwise specifically provided purchase may be made upon the same terms,
herein, any Bid/Proposal that is supplied conditions and specifications at a lower price
without having complied with subdivision through the County.
(a) above, shall not be considered C. All purchases shall be subject to audit and
forward. In any case where the inspection by the other political subdivisions
Bidder/Proposer cannot make the for which the purchase was made.
certification as set forth in subdivision (a) D. All orders will be placed by the participating
above, the Bidder/Proposer shall so state entities. Each participating entity shall be
and shall furnish with the bid a signed billed by and make payment directly to the
statement setting forth in detail the successful Bidder.
reasons therefor. The County reserves E. Upon request, participating entities must
its rights, in accordance with General furnish the successful Bidder with the proper
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General Instructions to Bidders – Purchasing V2021.1
tax exemption certificates or documentation entered into pursuant to this advertisement,
of tax exempt status. (Purchase orders disadvantaged business enterprises will be
should have this information and be retained afforded full opportunity to submit bids in
for documenting the tax exempt sale.) response to this invitation and will not be
F. The sole responsibility in regard to discriminated against on the grounds of race,
performance of the bid, or any obligation, color, or national origin in consideration for
covenant, condition or term thereunder by an award.
the successful Bidder and the participating
entities will be borne and is expressly B. A copy of Schenectady County’s full Title VI
assumed by the successful Bidder and the Program and Assurances Statement is
participating entities and not by Schenectady available for download on our website at
County. In the event of a failure or breach in http://www.schenectadycounty.com/Affirma
performance of any such bid by a tiveAction.
participating entity or the successful Bidder, XXVII. Pursuant to State Finance Law §139-j and
Schenectady County, specifically and §139-k, this solicitation includes and imposes
expressly disclaims any and all liability for certain restrictions on communications
such defective performance or breach, or between the County and a Bidder during the
failure of either party to perform in procurement process. A Bidder is restricted
accordance with its obligations, covenants from contacting other than the designated
and the terms and conditions of this staff from the earliest notice of intent to solicit
Schenectady County centralized bid. offers through final award and approval of the
XXVI. Title VI Procurement Contract (or Purchase Order)
A. The County of Schenectady, in accordance unless it is a contract that is included amount
with the provisions of Title VI of the Civil certain statutory exceptions set forth in State
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ Finance Law §139-j(3)(a). County Employee
2000d to 2000d-4) and the Regulations, i.e. are required to obtain certain information
1. Civil Rights Restoration Act of 1987 when contacted during the restricted period.
2. Federal Transit Laws, Title 49, United The designated staff contact is the Director of
States Code, Chapter 53 Systems Integration & Procurement or their
3. 49 CFR. § 1.51 representative, 518.388.4242,
4. 49 CFR Sheriff Van1 purchasing@schenectadycounty.com.
5. 28 CFR § 42.401 et seq. Bidders responding to this RFB must familiarize
6. 28 CFR. § 50.3 themselves with these State Finance Law
7. 70 FR 74087, December 14, 2005 requirements and will be expected to affirm
hereby notifies all bidders that it will they understand and agree to comply on the
affirmatively insure that in any contract form included with the bid.
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STANDARD PROVISIONS
The parties to the attached contract further agree to be bound by the following, which is
hereby made a part of said contract. In the event of any conflict between the provisions of the
attached contract and these standard provisions, unless otherwise provided, these standard
provisions shall prevail.
I. This contract shall be deemed executory only to the extent of monies appropriated and
available for the purpose of the contract, and no liability on account thereof shall be incurred by
the County beyond the amount of such monies.
II. The Contractor specifically agrees to adhere to the provisions of the New York State
Labor Law Article 8, entitled Public Work and all of the provisions contained therein, including
Labor Law Section 220-d entitled “Minimum rate of wage and supplement” and Article 9
entitled Prevailing Wage for Building Service Employees.
III. The Contractor specifically agrees, as required by the provisions of the Labor Law,
Section 220-e, as amended, that:
(a) In hiring of employees for the performance of work under this contract or any
subcontract hereunder for the manufacture, sale or distribution of materials,
equipment or supplies hereunder, no contractor, subcontractor nor any person
acting on behalf of such contractor or subcontractor shall by reason of race,
creed, color, sex or national origin, discriminate against any citizen of the
State of New York who is qualified and available to perform the work to
which the employment relates.
(b) No contractor, subcontractor, nor any person on his behalf shall in any manner
discriminate against or intimidate any employee hired for the performance of
work under this contract on account of race, creed, color, sex or national
origin.
(c) There may be deducted from the amount payable to the contractor by the
county under this contract a penalty of five dollars for each person for each
calendar day during which such person was discriminated against or
intimidated in violation of the terms or conditions of this section of the
contract, and
(d) This contract may be cancelled or terminated by the county or municipality
and all monies due or to become due hereunder may be forfeited for a second
or any subsequent violation of the terms or conditions of this section of the
contract, and
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(e) The aforesaid provisions of this section covering every contract for or on
behalf of the county or a municipality for the manufacture, sale or distribution
of materials, equipment or supplies shall be limited to operations performed
within the territorial limits of the State of New York.
IV. The Contractor will comply with the provisions of Section 291-299 of the Executive
Law and the Civil Rights Law and the Governor’s Code of Fair Practice, and any amendments
and rules and regulations pursuant thereto, will furnish all information and reports deemed
necessary by the State Division of Human Rights under the law, and will permit access to its
books, records and accounts by the State Division of Human Rights, the Attorney General and
the Industrial Commissioner for the purpose of investigation to ascertain compliance with the
non-discrimination clauses, the Executive Law and Civil Rights Law.
V. The Contractor acknowledges that the terms of the contract include the Schenectady
Fraud, Waste and Abuse Prevention Policy which is incorporated herein by reference and which
is available to Contractor on the internet at www.schenectadycounty.com.
VI. The Contractor, if a medical provider under this contract:
(a) represents and warrants that it is in compliance with all requirements applicable to
Medicaid providers, including, but not limited to, the maintenance of a certified
Medicaid compliance program for fraud, waste and abuse and further that none of its
employees and contractors are an excluded individual or entity as such term is
defined under federal or state law;
(b) agrees that it shall submit no bill for payment for which payment would violate
sections 1128, 1128A and 1156 of the Social Security Act and 42 CFR1001.1901;
(c) agrees to continue to screen any and all of its employees and contractors to determine
if any such person company or entity is an excluded individual or entity;
(d) agrees to provide a list of all employees or contractors with sufficient identifying
characteristics to allow the County to perform an independent screening of such persons
or entities to determine if they are an excluded individual or entity;
(e) agrees that in the event that any payment made by the County to the Contractor is
determined to be in violation of the requirements of sections 1128, 1128A and
1156 of the Social Security Act and 42 CFR1001.1901, the Contractor shall
indemnify, save and hold harmless the County of Schenectady, its officers, agents,
servants and employees from any and all liability for anything and everything
whatsoever arising from loss or damage, penalty or recoupment due to any
determination that Contractor, its clients, agents or employees is or was an excluded
individual or entity.
VII. The relationship of the Contractor to the County shall be that of independent
contractor. The Contractor, in accordance with its status as an independent contractor, covenants
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and agrees that it neither hold itself out as nor claim to be an officer or employee of the County
by reason thereof, make any claim, demand or application to an officer or employee of the
County including but not limited to Worker’s Compensation coverage, Unemployment Insurance
benefits, Social Security coverage or retirement membership or credits.
VIII. Should any claim or demand be made, or any action brought against the County in
any way relating to this agreement or the performance thereof, the Contractor agrees to render
diligently to the County without additional compensation, any and all cooperation which the
County requires of the Contractor. Contractor shall be entitled to reimbursement for expenses
incurred in such cooperation.
IX. The Contractor shall indemnify, save and hold harmless the County of Schenectady,
its officers, agents, servants and employees from any and all liability for anything and everything
whatsoever arising from loss or damage due to any act or omission of the Contractor, its clients,
agents or employees.
X. It is expressly understood and agreed by the parties hereto that all claims for payment
by the Contractor hereunder are expressly made subject to monies made available to the County
therefore, by appropriation or otherwise and that the County shall incur no liability to the
Contractor for any such payments beyond the monies so appropriated, or otherwise made
available to it.
XI. If this contract is an installment purchase contract, it is not a general obligation of the
County. Neither the full faith and credit nor the taxing power of the County are pledged to the
payment of any amount due or to become due under such installment purchase contract. It is
understood that neither this contract nor any representation by any public employee or officer
creates any legal or moral obligation to appropriate or make monies available for the purpose of
the contract.
XII. The Contractor will carry public liability and property damage insurance and, if this
is a construction contract, owners and contractors protective insurance issued by a company
authorized to do business in the State of New York, in amounts satisfactory to the County, which
shall name the County as a primary non-contributory additional insured.
The Contractor shall also carry disability benefits and workers’ compensation insurance.
Certificates of workers’ compensation insurance shall be delivered on one of the following
forms:
• CE-200, Certificate of Attestation of Exemption from NYS Workers’
Compensation and/or Disability Benefits coverage; or
• C-105.2 – Certificate of Workers’ Compensation Insurance; or
• SI-12 – Certificate of Workers’ Compensation Self-Insurance, GSI-105.2 –
Certificate of Participation in Workers’ Compensation Group Self-Insurance.
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Certificates of disability benefits coverage shall be delivered on one of the following
forms:
• CE-200, Certificate of Attestation of Exemption from NYS Workers’
Compensation and/or Disability Benefits Coverage; or
• DB-120.1 – Certificate of Disability Benefits; or
• DB-155 – Certificate of Disability Benefits Self-Insurance.
Contractor shall attach to this Agreement certificates of insurance evidencing
Contractor’s compliance with these requirements.
XIII. Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to have been inserted herein. If any such provision is not inserted,
through mistake or otherwise, then upon the application of either party, this Contract shall be
physically amended forthwith to make such insertion.
XIV. The Contractor shall keep and maintain efficient, complete and separate books and
records concerning any and all costs incurred in the performance of this agreement. Such books
and records shall be kept available and maintained in a format for examination by qualified
personnel of the County and/or the New York State Department of Audit and Control at all
reasonable times and places during the period of execution of this agreement and for six (6) years
from the date of final payment thereunder.
If part or all of the performance hereunder is to be conducted through subcontractors with
other entities, then the Contractor agrees that it shall make the provisions of this article a formal
part of all such subcontracts which shall specifically make reference to the records as noted
hereinabove, and that all such records maintained by such subcontractors shall be made available
and disclosed to qualified personnel of the County and/or the New York State Department of
Audit and Control.
XV. It is understood that this instrument represents the entire agreement of the parties
hereto; that all previous understandings are merged herein; and that no modifications hereof shall
be valid unless written evidence thereof shall be executed by the party to be charged.
XVI. If any term or provision of this agreement or the application thereof to any person
or circumstance shall to any extent be held invalid or unenforceable, the remainder of this
agreement or the application of such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and every other
term and provision of this agreement shall be valid and be enforced to the fullest extent permitted
by law.
XVII. Any contractor or subcontractor on a public works construction contract with the
County of Schenectady, exceeding two-hundred thousand dollars ($200,000.00), shall have an
approved apprenticeship program as provided for in Article 23 of the New York State Labor Law
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and shall so certify on the Apprenticeship Certification Form – Schenectady County Public
Works Contract prior to execution of the contract by the County.
XVIII. Any contractor or subcontractor who receives “State Funds” or “State-
Authorized-Payments” acknowledges that they must comply with all applicable provisions of
Executive Order #38 promulgated by the Governor of the State of New York, including:
1. Individuals/entities that receive SF/SAP to provide Program Services must
determine whether they are qualified as a Covered Provider for a Covered
Reporting Period (CRP), by using the EO-38 Covered Provider Determination
Worksheet located at: https://www.eo38.ny.gov/xo/determinationForm
2. If an individual/entity has determined that it is a Covered Provider (or is projected
to qualify as a Covered Provider), it must determine whether it is in compliance
with the Administrative Expenses limitations set forth in the regulations. Unless a
waiver is granted, the regulations set the limitations on Administrative Expenses
that apply to Covered Providers, which can be found at:
http://executiveorder38.ny.gov/sites/default/files/EO_38_Provider_Guidance.pdf?
v=d101231231233913
3. If an individual/entity has determined that it is a Covered Provider (or is projected
to qualify as a Covered Provider), it must then determine whether it is in
compliance with the Executive Compensation limitations set forth in the
regulations, which can be found at: If an individual/entity has determined that it is
a Covered Provider (or is projected to qualify as a Covered Provider), it can then
determine whether it is in compliance with the Executive Compensation
limitations set forth in the regulations.
4. If an individual/entity has determined that it is a Covered Provider, it must
submit an EO #38 Disclosure Form no later than 180 days after the close of their
Covered Reporting Period. If a Covered Provider exceeds (or projects that it will
exceed) the Administrative Expenses or Executive Compensation limitations, it
may submit a timely waiver application no later than submission date of its EO
#38 Disclosure Form.
5. If a Covered Provider is found to be out of compliance with the requirements
in the regulations, either through the review of an EO #38 Disclosure Form or
through failure to submit an EO #38 Disclosure Form, it must comply with all
requests and further proceedings with the relevant state agency to comply with
EO #38.
XIV. Title VI Policy Statement:
It is the policy of the County of Schenectady to prevent and eliminate discrimination in
all of its operations and services as well as all aspects of employment. All Department,
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Divisions, Offices, and Bureaus will plan, develop, and implement their programs and
activities so that no person is subjected to unlawful discrimination based on race, color,
gender, age, national origin, religion, disability, sexual orientation, marital status, or
Vietnam era veteran status.
Schenectady County assures that no person shall on the grounds of race, color, national
origin as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights
Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity.
Schenectady County further assures every effort will be made to ensure
nondiscrimination in all of its programs and activities, whether those programs and
activities are federally funded or not. In the event that Schenectady County distributes
federal aid funds to another government entity, it will include Title VI language in all
written agreements and will monitor for compliance.
Title VI Authority:
Title VI of the Civil Rights Act of 1964 is the Federal Law that protects individuals from
discrimination on the basis of their race, color or national origin in programs that receive
Federal financial assistance.
The Civil Rights Restoration Act of 1987 clarified the broad, institution-wide application of
Title VI.
1. Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
2. Federal Transit Laws, Title 49, United States Code, Chapter 53
3. 49 CFR § 1.51
4. 49 CFR part 21
5. 28 CFR § 42.401 et seq.
6. 28 CFR § 50.3
7. 70 FR 74087, December 14, 2005
Title VI Program and Assurances:
A copy of Schenectady County’s full Title VI Program and Assurances Statement is
available for download on our website at,
http://www.schenectadycounty.com/AffirmativeAction.
Title VI Exhibit 1:
During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Acts and the Regulations relative to Non-discrimination in Federally-
assisted programs of the U.S. Department of Transportation, Office of the Secretary for
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Research and Technology (OST-R), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin, sex, age, or
disability in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth
in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by
the contractor for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential subcontractor or supplier will be notified
by the contractor of the contractor’s obligations under this contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information and its
facilities as may be determined by the Recipient or the OST-R to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the Recipient or the OST-R, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the
Non-discrimination provisions of this contract, the Recipient will impose such contract
sanctions as it or the OST-R may determine to be appropriate, including, but not limited
to:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
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