Purchasing
Purchasing Handbook
GLOSSARY OF PURCHASING TERMS
| Bid Calendar: | A schedule of types of supplies, equipment, and services, setting up dates when each will be bid. |
| Bidders List: | A list of vendors maintained in purchasing as possible sources of supply for items listed on bid proposal. The list is usually maintained by type of supplies, equipment, or services. |
| Bid Proposal: | A formal notice by the bidder to the buyer stating the conditions and price under which the bidder will furnish the equipment, supplies, or services set forth in the specifications. This is customarily submitted on a bid form furnished by the school district. |
| Board: | The legal governing body of a school district--the board of education. |
| Claim: | An invoice submitted to the buyer by the supplier. The invoice may be on the vendor's form or on a claim form supplied by the school district. |
| Coding: | The assigning of an account number to an item or expenditure so that the expense may be charged to the proper item in the budget. |
| Contract: | The agreement entered into between the board of education and the supplier after an award has been made to the lowest responsible bidder meeting specifications. |
| Invoice: | A formal statement from the supplier to the buyer listing the amount due and the terms of payment for supplies or equipment delivered and/or services rendered as described thereon. |
| Lowest Responsible Bidder: | That responsible bidder furnishing required security and offering to furnish the item of supply or equipment indicated or to perform the services required in a given specification at the lowest price. |
| Non-Collusive: | A signed statement by vendor or bidder certifying that prices have been arrived at Certification: independently without collusion, consultation, or agreement with any other bidder or competitor, and that prices quoted in the bid have not been disclosed to any other bidder or competitor prior to bid opening, and that no attempt has been made to induce another to submit a bid or to restrict competition. |
| Notice to Bidders: | A public announcement of intent to receive bids on specified equipment, supplies, or services under specified conditions, and an invitation to potential vendors to submit bids. |
| Purchasing: | The act of procuring supplies, equipment, or services of the right quality, in the right quantity, at the right time, at the right price, and from the right source. |
| Purchasing Agent: | A person who is officially designated by the board of education to contract for necessary supplies, equipment, and services. |
| Purchase Order: | A formal notice to a vendor that he/she has been selected to furnish the supplies or services described in detail thereon. |
| Quality Control: | The assurance, through careful specifications and testing that the materials received on a contract or order measure up to the established need. |
| Quotation: | An informal notice by a vendor to the buyer stating the conditions and price former will furnish certain equipment, supplies, or services. |
| Requisition: | A request from a person or department of a school system for one or more items or services necessary in performing a function which advances the educational program or the facilities which make the program possible. |
| Responsible Bidder: | A vendor who is qualified by experience and equipped to perform the work required or furnish the materials indicated on the specification and who has the necessary financial support and ability to complete the contract. (A bidder may be disqualified for illegal or unethical conduct.) |
| RFP: | A Request for Proposal (RFP) is a less formal method of seeking competition for public contracts where competitive bidding is not required by law and where price is not the sole criterion for award of the contract. |
| Specification: | A description of equipment, supplies, or services setting forth in a clear and concise manner the characteristics of the item to be purchased and the conditions under which the purchase will be made. |
| Standard List: | An agreed-upon list of commonly used items of supply and equipment among grades, classes, and schools. Such an approved list tends to reduce the number and types of items to be purchased and promotes economy through a greater quantity to be procured. |
| Standardization: | The result of action taken by a board of education when it decides, in the interests of efficiency and economy, to purchase a particular brand, make, or type of equipment or supply. |
| Ultravires: | An action which is beyond the power or purpose of a corporation, city, county, or other body, but not an action which is merely performed in an unauthorized manner or without authority. |
| Unit Price: | The price of a selected unit of a goods or service (e.g., price per ton, labor hour, foot) |
| Unit Price Extension: | The calculation of the total price of goods by multiplying the price per unit by the number of units purchased. |
| Vendor: | A potential supplier of the items listed on a requisition or indicated in a specification. |
| Vendor File: | The accumulated record maintained by the central purchasing authority of information relevant to his/her business relationship with the government, including application for inclusion on the bidders list, record of performance under contracts, correspondence and the results of special purpose analyses. |
| Warehouse: | A central storage area for stocking school supplies and equipment, or a section of a school building set aside as a storeroom for ordinary supply items. |
Appendices
Appendix 1. Position Guide for Purchasing Agent
Appendix 2. Resolution Appointing Purchasing Agent
Appendix 3. Nine Steps in the Procurement Procedure
Appendix 4. Sample Form for Newspaper Advertisement
Appendix 5. Sample Specifications and Bid Form
Non-Collusive
Bidding Certification
Appendix 6. General Conditions
Appendix 7. Purchase Requisition Form
Appendix 8. Building Requisition Form
Appendix 9. Warehouse Requisition Form
Appendix 11. Purchase Order Form
Appendix 12. Standard List of Supplies
Appendix 13. Sample Purchasing Policy
APPENDIX 1
POSITION GUIDE FOR PURCHASING AGENT
General Statement of Duties:
- The school district purchasing agent is responsible for the purchasing of all supplies, materials, equipment, and services for the school district and does related work as required.
Distinguishing Features:
- This is a responsible administrative post involving the formulating of plans and policies and the development of purchasing procedures and forms to achieve efficient, economical, and timely procurement to meet the district's needs.
- The work entails responsibility for the operation of the school district's central storage and distribution facilities, various service shops, and the delivery service where such exist.
- This position requires the supervision of purchasing clerical and technical personnel.
- The purchasing agent works subject to the policies and administrative regulations of the board of education and is under the direct supervision of the school business administrator.
- The purchasing agent will establish and maintain desirable relationships with vendors company representatives.
Examples of Work:
- Drafts and recommends to immediate superior the general policies and procedures for handling purchases for the school district.
- Confers with principals, directors, supervisors, department heads, and other appropriate personnel in their needs.
- Directs the receiving, processing, routing, and filing of all approved requisitions.
- Exercises leadership in the development and maintenance of standard supply lists.
- Keeps abreast of current price trends, market conditions, and new and improved items of supply and service.
- Maintains current information concerning sources of supply such as Surplus Property Administration, State Contracts, Industries for the Blind, Division of Industries of the Department of Correctional Services, etc.
- Interviews sales representatives.
- Schedules purchases to assure that proper supplies, materials, equipment, and services are available where and when needed.
- Prepares specifications and solicits informal quotations and formal bids.
- Receives, opens, examines, and tabulates the results of quotations and bids according to procedures required by board policy and statutes.
- Makes recommendations concerning bid awards to his immediate supervisor.
- Maintains specification files and bidders' lists.
- Checks on deliveries of supplies, materials, equipment, and services.
- Maintains testing and quality control procedures.
- Maintains inventories of consumable supplies and materials.
- Initiates, where appropriate, and participates in cooperative bidding/purchasing efforts.
- Maintains the fixed assets inventory as required by the Uniform System of Accounts.
- Supervises technical and clerical personnel assigned to the purchasing function.
Required Knowledge, Skills, and Abilities:
- Extensive knowledge of supply markets, trade conditions, business methods, and purchasing practices in general.
- Knowledge of the special nature of procuring supplies, materials, equipment, and services to meet educational needs.
- Familiarity with current studies and literature in the field of educational, industrial, and governmental purchasing.
- Knowledge of modern principles and practices of purchasing.
- Comprehensive knowledge of business procedures, forms, and equipment.
- Comprehensive knowledge of a wide variety of commodities.
- Excellent knowledge of current practices in preparation of purchase specifications.
- Strong personal integrity.
- Sound professional judgment, initiative, and resourcefulness.
- Ability to get along well with and to supervise others.
- Skill in articulating and communicating the district's purchasing policies.
- Ability to understand and follow complex oral and written directions.
Acceptable Training and Experience:
Completion of a course in a college or university for which a bachelor's degree has been granted, preferably in business administration, and/or five years' educational or business experience which included two years' related purchasing experience; or
Any satisfactory equivalent combination of the above experience and training which would indicate ability to perform acceptably the duties outlined.
APPENDIX 2
RESOLUTION APPOINTING PURCHASING AGENT
BE IT RESOLVED THAT _______________________________ is appointed "Purchasing Agent" for the Board of Education of ______________________________ School District, effective immediately, and until such time as the Board may revoke the appointment, and
BE IT FURTHER RESOLVED THAT _____________________________ shall purchase, procure, store, and distribute all supplies and equipment for which appropriations have been made with due regard to existing law, economy and efficiency, and the needs and desires of the departments of the school requesting such supplies, and
BE IT FURTHER RESOLVED THAT ____________________________ be and hereby is authorized to execute in the name of the Board of Education any and all documents, contracts, orders or other instruments necessary to carry out the intent of this resolution.
APPENDIX 3
NINE STEPS IN THE PROCUREMENT PROCEDURE
The following is a list of the nine basic steps in the procurement process:
1. Requisition |
Initiated by user. Sent to proper official for approval. Copy retained by school. |
2. Specifications |
Prepared in detail by purchasing agent and made available to prospective contractors or vendors. |
| 3. Bids or Quotations | Checked and tabulated by purchasing agent. In the case of formal bids, recommendation made to the board of education. |
| 4. Contract or Purchase Order | Contracts signed by Chief Fiscal Officer (board president); orders signed by purchasing agent. |
| 5. Follow-up | By purchasing department only. |
| 6. Invoice | Receiving agency signs receiving copy of purchase order and forwards same to purchasing department indicating the quantity and quality of materials or services have been received and are satisfactory. |
| 7. Receipt of Goods | Checked for price and quantity by purchasing department. |
| 8. Quality Control | By purchasing agent or designee to see that item meets specifications. |
| 9. Claim (invoice) | After receipt of goods is acknowledged by requisitioner, the purchasing agent attests to the correctness of the claim including verification that the supplies, equipment, or services conformed to specifications; then to board of education or internal auditor for approval for payment. |
APPENDIX
4
SAMPLE
FORM FOR NEWSPAPER ADVERTISEMENT
To be printed in the _____________________________________________ issue(s)
(Date or dates)
of the ______________________________________________________________________.
(Name of newspaper)
APPENDIX 5
SAMPLE SPECIFICATIONS AND BID FORMS
BOARD OF EDUCATION __________________________________ SCHOOL DISTRICT _____________________________________, NEW YORK BID FORM AND SPECIFICATIONS Schedule 4:2 FUEL OIL |
|||||
Item No. |
Unit |
Description |
Approx. Quantity |
Unit Price |
Total |
1 2 3 |
Gals. Gals. Gals. |
No. 2 fuel oil No. 4 fuel oil No. 6 fuel oil |
10,000 370,000 460,000 |
||
|
Oil Burner Service, ________________, 19____ to ________________, 19____. |
|||||
|
School |
Type |
No. of Burners |
Fuel |
Tank Capacity |
4 5 6 7 8 9 10 11 |
Washington Lincoln Roosevelt Truman Dewey Southside Lakeside Memorial |
Todds Petro Iron Fireman Enterprise Todds Petro Petro Petro Todds |
2 3 3 2 2 1 2 3 3 |
6 & 2 6 4 4 4 4 4 6 & 8 6 |
15,000 25,000 13,400 21,700 5,000 20,000 15,000 No Service |
(Note: No. 2 oil used in preheaters only) |
______ |
||||
Total Bid |
______ |
||||
NON‑COLLUSIVE BIDDING CERTIFICATION
Name: _________________________________________________________________________
BusinessAddresss: ________________________________________________________________
Telephone Number: ________________________ Date of Bid:_________________________
1. General Bid Certification
The bidder certifies that he will furnish, at the prices here n quoted, the materials, equipment and/or services as proposed on this bid.
II. Non-Collusive Bidding Certification
By submission of this bid proposal, the bidder certifies that he is complying with Section 103‑d of the General Municipal Law as follows:
Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non‑collusive bidding certification.
(a) By subdivision 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 to the best knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and
(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition."
(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.
The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).
Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non‑collusion as the act and deed of the corporation.
Signature (Authorized) ______________________________
Title_____________________________________________
Note: This is a sample of an approved form, which may be reproduced locally.
APPENDIX
6
GENERAL
CONDITIONS
(For
the purchase of materials,
supplies, and equipment)
(NAME AND ADDRESS OF SCHOOL DISTRICT)
All invitations to bid issued by the above named school district will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the school district.
| "School district" | Shall be the legal designation of the district. |
| "Notice to bidders" | A formal statement which, when issued by the school district, constitutes an invitation to bid on the materials, supplies and equipment described by the specifications. |
| "Board" | The board of education of the school district. |
| "Bid" | An offer to furnish materials, supplies, and/or equipment in accordance with the invitation to bid, the general conditions, special instructions, and the specifications. |
| "Bid offer" | The form on which the bidder submits the bid. |
| "Bidder" | Any individual, company, or corporation submitting a bid. |
| "Contract" | A notice to the successful bidder by the issuance of a purchase order; also, all documents relating to the transaction including, but not limited to, the bid offer of the successful bidder, notice to bidders, general information, general conditions, special instructions, specifications, notice of award, bid proposal certifications; also, a formal document signed by the successful bidder and the school district representative. |
| "Successful bidder" | Any bidder to whom an award is made by the school district. |
| "Contractor" | Any bidder to whom a contract award is made by the board of education. |
| "Specification" | Description of materials, supplies and/or equipment and the number/amount requested and the conditions for its purchase. |
BIDS
1. The date, time, and place of bid opening will be given in the Notice to Bidders.
2. All bids must be submitted on bid offer forms and in accordance with instructions provided by the board.
3. All bids received after the time stated in the Notice to Bidders may not be considered and will be returned 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.
4. All information that is required by Notice to Bidders, General Conditions, Specifications, and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid.
5. The non-collusive bidding certification must be included with each bid as required by General Municipal Law, Section 103‑d.
6. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the service, supplies, materials, or equipment required and a representation that the bidder can furnish the service, supplies, materials, or equipment satisfactorily in complete compliance with the specifications.
7. 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 bid for this purpose.
8. Prices and information required should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.
9. Sales to school districts are not affected by any fair trade agreements. (General Business Law, Sec. 369‑a, sub. 3).
10. No charge will be allowed for Federal, State, or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax.
11. In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer's name, and detailed specifications of item he proposes to furnish. Otherwise, bid will be construed as submitted on the identical item as specified.
12. Bids on equipment must be on standard new equipment, of latest model and in current production, unless otherwise specified.
13. All regularly manufactured stock electrical items must bear the label of the Underwriters' Laboratories, Inc.
14. When bids are requested on a lump sum basis, bidder must bid on each item in the lump sum group. A bidder desiring to bid "no charge" on an item in a group must so indicate; otherwise bid for the group may be rejected.
15. All prices quoted must be "per unit" as specified; e.g., do not quote "per case" when "per dozen" is requested; otherwise, bid may be rejected.
16. Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.
17. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the instructions to bidders. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.
18. All bids must be sealed. They must be submitted in envelopes furnished by the school district, if any. Otherwise, plain, opaque envelopes may be used, clearly marked "BID." Also the date and time of the bid opening as indicated on the Notice to Bidders must appear on the envelope. Bids must not be attached to or enclosed in packages containing bid samples. Telephoned quotations or amendments will not be accepted at any time.
19. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the school district, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the school district in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.
20. 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, such agreement to be executed by the bidder within 15 days after notification to execute such contract. If the specifications so state, the successful bidder also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed. The Surety Company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the school district. The successful bidder shall execute the performance bond at the time of the execution of the contract by the successful bidder and the board.
SAMPLES21. All specifications are minimum standards; and accepted bid samples do not supersede specification for quality unless bid sample is superior, in which case deliveries must be the same identity and quality as accepted bid sample.
22. The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments is made. If the sample is not in accordance with the requirements of the specification, the school district may reject the bid; or, if award has been made, cancel the contract at the expense of the successful bidder.
23. Samples, when required, must be submitted strictly in accordance with instructions; otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered as directed for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. The bidder at his expense shall remove samples. 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.
24. When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the school district. Failure on the part of the bidder to examine sample shall not entitle him to any relief from the conditions imposed in the proposal, specification, etc.
AWARD
25. Awards will be made to the lowest responsible bidder, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.
26. 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 contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price.
27. 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.
28. Where a bidder is requested to submit a bid on a total sum or sums, the right is reserved to award contracts on total sum or sums, whichever is in the best interests of the school district.
29. If two or more bidders submit identical bids as to price, the decision of the board to award a contract to one of such identified bidders shall be final. (General Municipal Law, Sec. 103, sub. 1.)
CONTRACT
30. Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. Contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. Contract shall bind the school district on its part to order from such successful bidder and to pay for at the contract prices, all items ordered and delivered, within ten (10) percent over or under the award quantity, unless otherwise specified.
31. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.
32 .If the successful bidder fails to deliver as ordered, or within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when so requested immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered. The school district reserves the right to authorize immediate purchase from other sources against item rejections or not delivered on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.
33. A contract may be canceled at the successful bidder's expense upon nonperformance of contract.
34. Cancellation of contract for any reason may result in removal of the successful bidder's name from mailing list for future proposals for an indeterminate period.
35. When materials, equipment, or supplies are rejected, the successful bidder from the premises of the school district must remove them within ten (10) days of notification. Rejected items left longer than ten (10) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property.
36. No items are to be shipped or delivered until receipt of an official purchase order from the school district.
37. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation, without the previous written consent of the school district.
INSTALLATION OF EQUIPMENT
38. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order. Old materials are the property of the successful bidder unless otherwise specified.
39. Equipment, supplies, and materials shall be stored at the site, only on the approval of the school district and at the successful bidder's risk. In general, such on‑site storage should be avoided to prevent possible damage or loss of the material.
40. 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.
41. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.
42. Equipment for trade‑in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade‑in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade‑in. All equipment is represented simply "as is." Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.
GUARANTEES BY THE SUCCESSFUL BIDDER
43. The successful bidder guarantees:
- His 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.
- That the equipment delivered
is standard, new, latest model of 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. Every unit delivered must be guaranteed
against faulty material and workmanship for a period of at least
one-year from date of delivery. If during this period such
faults develop, the successful bidder agrees to replace the unit
or the part affected without cost to the school district.
Any merchandise provided under the contract, which is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the school district.
DELIVERY
44. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the school district as to reasonable compliance with delivery term shall be final.
45. The school district will not accept any deliveries on Saturday, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.
46 Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers and according to acceptable commercial practice, without extra charge for packing cases, baling or sacks.
47. The successful bidder shall be responsible for the delivery of items in good condition . 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.
48. 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. The successful bidder will be required to furnish proof of delivery in every instance.
49. Unloading and placing of the equipment and furniture is the responsibility of the successful bidder, and the school district accepts no responsibility for unloading and placing of 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.
50. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:
Contract Number and/or Purchase Order Number
Name of Article
Item Number (if applicable)
Quantity
Name of the Successful Bidder
Carton shall be labeled with purchase order or contract number, successful bidder's name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.
PAYMENTS
51. Payment for the used portion of an inferior delivery will be made by the school district on an adjusted price basis.
52. Payment will be made only after correct presentation of claim form or invoices as may be required.
53. Payments of any claim shall not preclude the school district from making claim for adjustment on any item found not to have been in accordance with the contract specifications.
SAVING CLAUSE
54. 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, fire, 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.
Date of Adoption by Board of Education__________________________________________________
NOTE: A noncollusive bidding certification must be submitted with each bid.