RFB-13-051 - Capital Region BOCES

BOARD OF COOPERATIVE EDUCATIONAL SERVICES 

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES 

900 WATERVLIET SHAKER ROAD 

ALBANY, NY 12205 

Bid No. RFB-13-051 Cooperative Bid for the purchase of 

"MILK AND MILK PRODUCTS” 

Contract Term: August 1, 2013 – June 30, 2014 

BID DUE DATE: June 20, 2013 @ 2:00 P.M. (Prevailing Time) 

900 Watervliet Shaker Rd. Suite 102 

Albany, New York 12205 

NOTICE OF REQUEST FOR BID 

The CAPITAL REGION BOARD OF COOPERATIVE EDUCATIONAL SERVICES 

(“BOCES”) is seeking bids from qualified firms to provide the above referenced product(s) to 

Capital Region BOCES and the following Capital Region School Districts: 

BERNE-KNOX-WESTERLO 

BETHLEHEM 

COBLESKILL-RICHMONDVILLE 

DUANESBURG 

MENANDS 

MIDDLEBURGH 

SCHALMONT 

SCHOHARIE 

SHARON SPRINGS 

VOORHEESVILLE 

The BOCES seeks to procure bids for excellent affordable quality products. A formal Request 

for Bids (“RFB”) will be available May 30, 2013 for printing on the Empire State Purchasing 

Group’s website http://www.empirestatebidsystem.com/. 

Evaluation: Award shall be based on the following: 

1) Cost to BOCES/component school districts on a school by school basis: 

• Albany BOCES will calculate the overall total prices for all milk products for all vendors 

considered for award. 

• The vendor offering the overall low price for milk products for each school district will 

be awarded all products for that school district. 

• Should the low two or more vendors overall milk price totals be within 5% of each other, 

Albany BOCES will take all non-milk products, total them as a group and apply that 

total to the milk totals to determine the overall low vendor for each school district. 

• It is the intent of this bid to make a single award for each school district for all products 

indicated. Multiple awards will not be considered. 

2) Bidder’s ability to comply with the delivery schedule 

3) Bidder’s ability to comply with the specifications herein 

RFB-13-051 Milk and Milk Products 

1 

5/30/2013

The response to this Request for Bid must be received no later than 2:00 P.M., June 20, 2013 

in the BOCES Purchasing Office, 900 Watervliet Shaker Rd., Suite 102, Albany, NY 12205. 

Sealed bids will be publicly opened and read. Bids must be in a sealed envelope, plainly marked 

on the outside stating the bid proposal name and bid number RFB-13-051. 

The BOCES reserves the right to amend these dates. The BOCES reserves the right to reject any 

and all bids and re-advertise. 

If any prospective bidder needs clarification or interpretation of this RFB, a written request shall 

be submitted by mail, or fax (518) 862-4906 or e-mail anne.mccoy@neric.org on or before 

June 13, 2012. Questions will be answered by addendum and posted to the Empire State 

Purchasing Group’s website, http://www.empirestatebidsystem.com/, and will become a part of 

this bid. 

BOCES reserves the right to award the bid in total or by lots/locations, as it is deemed to be in 

the best interest of BOCES and the component school districts. Bidders may bid on any or all 

lots/locations. However, quotes must include prices for all items with quantities for that 

particular location to be considered for award. 

This document consists of fifteen (15) pages. The undersigned bidder certifies to having read 

every page and offers to furnish the items specified. 

Can bidder meet or exceed the required delivery schedule? 

Yes 

No 

Can bidder meet or exceed the required specifications? 

Yes 

No 

Can bidder furnish coolers as requested? 

Yes 

No 

Name of Bidder________________________________________________________________ 

Bidder Address ________________________________________________________________ 

________________________________________________________________ 

Phone No ____________________________ Fax _____________________________________ 

E-mail _______________________________________________________________________ 

Authorized Signature ____________________________________________________________ 

Title _________________________________________________________________________ 


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SPECIFICATIONS: 

DATED: May 30, 2013 

MILK AND MILK PRODUCTS 

DUE: June 20, 2013 2:00 pm 

MILK AND MILK PRODUCTS 

INSTRUCTIONS TO BIDDERS 

1. These instructions shall form a part of the specifications. 

2. All items of milk, cream and milk products furnished shall comply in all respects to the 

standards/laws and regulations established by the New York State Department of 

Agriculture and the Federal Pure Food, Drug and Cosmetic Act and subsequent decisions 

of the United States Department of Agriculture and all local laws and ordinances 

pertaining thereto. 

3. MONTHLY REPORT 

A monthly report on the butter fat content of the milk must be submitted to BOCES/each 

component school district to be submitted to the Board of Education as required by the 

State Education Department. The minimum butter fat content of whole milk shall be that 

of the latest state or federal standard whichever is higher. This report is due on the first of 

each month. 

4. PERMIT AND LICENSE 

All milk and cream must be from sources approved by the Health Officers of the counties 

of the component school districts or other appropriate agent and the bidder must, at the 

time of bidding, hold a regular permit from such Health Officer or other appropriate 

agent covering the grade of milk and cream to be supplied. The bidder must also, at the 

time of bidding, hold a license as required by the State Department of Agriculture and 

Markets. Permits and license shall be effective at all times during the period of the 

contract. 

New York State Dept. of Agriculture and Markets 

License # ______________________ Date of Expiration ________________________ 

5. INSPECTION 

Public health officers or any properly authorized representative of the school district 

shall have the right to inspect the premises, facilities and methods on or by which milk 

is prepared and may make or cause to be made, standard tests of any milk delivered for 

the purpose of determining whether or not the contract is being properly performed. 

The bidder agrees, after the contract has been awarded to him, that the BOCES/ 

component school districts shall be the sole judge of all material, both as to quality and 

quantity, and their judgment shall be final. 

6. COOLERS 

The successful bidder will be asked to supply cooler equipment at some schools (see 

Page 10). This provision is essential and the low bidder may be rejected if sufficient 

cooler space cannot be provided. The bidder is responsible for maintaining all coolers 

provided in good working order and shall arrange for timely repairs, maintenance and/ 


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or replacement as needed. Coolers must be clean, free of mold, rust or debris. Coolers 

must be in place prior to the first day of within seven (7) days of bid award. 

7. CONTAINERS 

Various. ½ pint containers are paper cartons unless otherwise noted. Other than plastic 

bottles shall be delivered in clean, plastic coated sanitary (Pure Pak type) paper cartons. 

All empty crates must be picked up at the time of delivery. 

8. CREDITS 

If and when it becomes necessary to return unsold containers of milk, the supplier shall 

make pick ups on call from the Food Service Manager, and shall allow full credit for the 

amount returned. This condition will also apply to various times during the year when 

there are long weekends or vacation periods of more than three days. Pickups must be 

before 3 P.M. 

9. DELIVERIES 

Milk shall be delivered in refrigerated trucks and placed in the school coolers or 

refrigerators by vendors as directed by the Food Service Manager. Milk shall not be left 

unrefrigerated or outside of any school building. All milk delivered shall have a 

minimum of 10 days shelf life from date of delivery. If any milk shortage develops 

during the day, supplemental deliveries will be made by the vendor, pursuant to the terms 

of this bid. The contractor agrees to give thirty (30) days notice to the 

BOCES/representative of any component school district in the event of inability to 

continue service because of conditions beyond his control. The BOCES/component 

school district(s) reserves the right, through its representative to reject any deliveries not 

conforming to the requirements of this proposal, and the supplier agrees to promptly 

make a new delivery acceptable to the Food Service Manager or his representative. 

Deliveries are to be made strictly in accordance with the times designated by the food 

service manager of each school location. Milk will be ordered by districts no more than 

two (2) days prior to delivery. There will be no deliveries during normal school vacations 

and only limited deliveries during the summer months. See attached School Delivery 

Schedule. 

10. QUANTITIES 

It is understood that the quantities listed hereafter are estimates only and that all 

quantities, whether increased or decreased, are to be furnished at the contract price. The 

successful bidder must present daily delivery slips for all delivery locations to the Food 

Service Manager or his representative. 

11. PRICING 

All prices bid for all products will be net, per container, F.O.B. the delivery point 

specified by the school districts (see delivery schedule). The prices will be per unit 

specified and reflect the content of the product (e.g. whole milk, 2 percent milk, 1 percent 

milk, fat free milk). 

12. PRICE ADJUSTMENT CLAUSE 

Class I-A price of $_______per hundred weight must be entered by the vendor: 

It is hereby understood the prices quoted in this bid are based upon the Class I-A 

Price of $________per hundred-weight established for the month of May 2013 under 

the Terms of the Federal Marketing Order #1 for the Northeast Marketing area, Albany/ 


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Binghamton Zone. If the Class I-A price is thereafter increased or decreased, the 

amount of the increase shall be added and/or the amount of the decrease deducted from 

the rate of payment under this contract. Such increases or decreases shall be effective for 

the same periods of time as those Established by Federal Order #1. The above conditions 

may also affect Class II and Class III. 

13. TAX EXEMPT 

Purchases made by the BOCES/school districts are not subject to any Sales or Federal 

Excise Tax. Exemption certificates will be furnished upon request. 

14. CONTRACT TERM 

August 1, 2013 – June 30, 2014 w/ options to renew for 2 (two) subsequent year August- 

June extensions. The typical school year is 35 weeks. 

QUOTATION: OTHER TERMS AND CONDITIONS 

A. CONTRACT/AGREEMENT: 

The successful vendor(s) submittal, when properly accepted by the BOCES/component 

school district, either by formal letter of acceptance or purchase order, shall legally 

constitute acceptance and therefore, be subject to all the terms and conditions of the quote 

documents. Any and all ambiguities in bid documents, bid awards, contracts or related 

documents, including tariffs, shall be construed in the favor of BOCES /component 

school districts. No contractor, to whom all or any part of this contract shall be awarded, 

shall assign, transfer, convey, sublet or otherwise dispose of the same or of this right, title 

or interest therein, or his power to execute such contract to any other person or 

corporation without the prior written consent of the BOCES/component school districts 

Boards of Education. 

B. DELIVERY TERMS AND CONDITIONS: 

Title and risk of loss shall not pass to the BOCES/component school districts until the 

school districts actually receive and take possession of the goods at the place of delivery 

C. SILENCE of REQUIREMENTS: 

The apparent silence of these terms and conditions as to any detail or to the apparent 

omission from it of the description concerning any point, shall be regarded as meaning 

that only the best business practices are to prevail. All interpretations of these 

requirements shall be made on the basis of this statement. 

D. ADVERTISING: 

The successful vendor(s) shall not advertise or publish, without the BOCES prior written 

approval, the fact that the BOCES/component school districts have entered into a 

contract, except to the extent necessary to comply with proper requests for information 

from an authorized representative of the federal, state or local government. 

E. TERMINATION FOR DEFAULT/NON-PERFORMANCE: 

The BOCES may terminate the contract immediately in the event the successful vendor 

fails to meet delivery or completion schedules or otherwise perform in accordance with 

these specifications. Breach of contract or default authorizes the BOCES to award to the 

next lowest responsible vendor, or purchase elsewhere and charge the full increase in cost 

and handling to the defaulting vendor. 


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F. INDEMNIFICATION: 

The successful bidder shall indemnify and save the BOCES and all BOCES 

employees/representatives harmless from and against all claims, demands, losses, costs, 

damages, suits, actions and proceedings by whomsoever made, brought or prosecuted and 

in any manner based upon arising out or, related to, occasioned by or attributable to the 

infringement or contribution to the infringement of any intellectual or industrial property 

right by the articles, methods, processes or act employed by, or plans, drawings, 

specifications another written data provided by, the successful bidder or its employees in 

concern with providing product(s) hereunder (including, without limitations, legal 

expenses on a solicitor and client basis). The successful bidder shall have the right, in 

order to avoid such claims demands, losses, costs, damages, suits, action or proceedings, 

at its expense, to substitute, non infringing product(s), materials and processes, or to 

modify such infringing product(s), so they become non infringing product(s). The 

successful bidder may wish to obtain the necessary licenses to use the infringing 

product(s), material and processes, if such substituted or modified product(s), and 

materials and processes shall meet all the requirements and be subject to all the 

provisions of the agreement. The provisions of this section shall survive the expiration or 

sooner termination of this agreement. 

G. RIGHT TO PURCHASE: 

The BOCES reserves the right to reject this quote in part or in its entirety and purchase 

from state or county contracts should it be deemed in the best interest of the 

BOCES/component school districts. 


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MILK DELIVERY SCHEDULE 

Capital Region BOCES 

Career and Technical School-CTE Schoharie 

Route 30A 

Schoharie, NY 12157 

Nancy Iannacone 295-3036 

Maywood School-Special Education 

1979 Central Avenue 

Albany, NY 12205 

Teresa Jones-Strock 464-6363 

Tuesday and Friday 

8:00am – 1:00pm 

M-Thur. before 8 a.m. 

School Districts 

Delivery Address 

Berne-Knox-Westerlo 

Berne-Knox-Westerlo Elementary School 

1738 Helderberg Trail 1738 Helderberg Trail 

Berne, NY 12023 Berne, NY 12023 Tuesday & Thursday 

Deborah Rosko 

6:30a.m. - 7:30 a.m. 

872-2030 ext. #5131 or 8:30 a.m.-10 a.m. 

Berne-Knox-Westerlo MS/High School 

1738 Helderberg Trail Tuesday & Thursday 

Berne, NY 12023 

6:30 a.m.-7:30 a.m. 

or 8:30 a.m.-10 a.m. 

Bethlehem CSD 

Bethlehem High School 

90 Adams Place 700 Delaware Ave. 

Delmar, NY 12054 Delmar, NY 12054 M-W-F 

Paul Franchini 439-4921 6 a.m.-10:30 a.m. 

439-8885 

Bethlehem Middle School 

332 Kenwood Ave. 

Delmar, NY 12054 

M-W-F 7 a.m.-9 a.m. 

439-7460 

Eagle Elementary 

27 VanDyke Rd. 


694-8825 

Elsmere Elementary 

247 Delaware Ave. 


439-4996 

M-W-F 8a.m. -10a.m. 

M-W-F 8 a.m.-10a.m. 

Glenmont Elementary 

P.O. Box 994 

328 Route 9W 

Glenmont, NY 12077 

463-1154 

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M-W-F 8a.m.-10a.m. 

RFB-13-051 Milk and Milk Products 5/30/2013

Hamagrael Elementary 

1 McGruffey La. 


439-4905 

Slingerlands Elementary 

25 Union Ave. 


439-7681 

M-W-F 8a.m.-10a.m. 

M-W-F 8a.m.-10a.m. 

Delivery required 2 – 3 times per week 

before 9 a.m. to these schools below: 

Cobleskill-Richmondville CSD Joseph B. Radez School 

155 Washington Ave. 319 Main Street 

Cobleskill, NY 12043 Richmondville, NY 12149 

Amy Stuart 234-3565 #1052 

George D. Ryder Elementary School 

143 Golding Drive 

Cobleskill, NY 12043 

William H. Golding Middle School 

193 Golding Drive 

Cobleskill, NY 12043 

Cobleskill-Richmondville High School 

1353 State Route 7 

Richmondville, NY 12149 

Duanesburg CSD Duanesburg Elementary School T-Th by 9 a.m. 

133 School Dr. 165 Chadwick Rd. 

Delanson, NY 12053 Delanson, NY 12053 

Mary Jewell 

895-5350 ext. #228 

Duanesburg Jr. Sr. High School 

163 School Dr. 

Delanson, NY 12053 

T-Th by 9 a.m. 

Menands CSD 

Menands CSD 

19 Wards Lane 19 Wards Lane M-Th 7 a.m.-7:45 a.m 

Menands, NY 12204 Menands, NY 12204 or 9 a.m.-10 a.m. 

Cheryl Coons 

465-4561 


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Middleburgh CSD Middleburgh Elementary School M-W-F before lunch 

168 Main St. 245 Main St. 

Middleburgh, NY 12122 Middleburgh, NY 12122 

Barbara Cootware 

827-3750 

Middleburgh Middle/High School M-W-F before lunch 

291 Main St. 

Middleburgh, NY 12122 

Schalmont CSD Jefferson Elementary School M - F between 

401 Duanesburg Rd. 100 Princetown Rd. 7:30 a.m. – 1:30 p.m. 

Schenectady, NY 12306 Schenectady, NY 12306 

Marcy VonMaucher 

355-1342 ext. #5069 Schalmont High School M- F between 

1 Sabre Dr. 7:00 a.m. –12:30 p.m. 

Schenectady, NY 12306 

Schalmont Middle School M- F between 

2 Sabre Dr. 7:00 a.m. – 8:15 a.m. 


9:30 a.m. – 1:00 p.m. 

Rotterdam Academy I 

1292 Main Street 

Rotterdam Junction, NY 12150 

Rotterdam Academy II 

99 Schermerhorn Road 


Schoharie Central Schoharie Central School Tuesday & Thursday 

Schoharie, NY 12157 Main Street 7 a.m. – 1:30 p.m. 

Barbara Cootware Schoharie, NY 12157 

295-6618 

Sharon Springs CSD Sharon Springs CSD Two days a week 

PO Box 218 State Route 20 Before 10 a.m. 

Melissa Simpson Sharon Springs, NY 13459 

284-2266 ext. 123 

Voorheesville CSD Voorheesville Elementary School Tuesday & Thursday 

432 New Salem Rd. 129 Maple Ave. before 10:00 a.m. 

Voorheesville, NY 12186 Voorheesville, NY 12186 

Tim Mulligan 

765-3314 ext. #120 

Clayton A. Bouton High School Tuesday & Thursday 

Vooorheesville Middle School before 10:00 a.m. 

432 New Salem Rd. 

Voorheesville, NY 12186 


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COOLERS REQUESTED 

SCHALMONT CSD 

Requirements: 16 case capacity, cabinet style with lock 

Three (3) coolers to be placed at the following locations: 

Schalmont Middle School (1) 

Rotterdam Academy I (1) 

Rotterdam Academy II (1) 

Vendor this is not a new requirement. 

Coolers must be in good working order and acceptable to the school district. 

SCHOHARIE CSD 

Requirements: Needs to Hold 8 Cases of 50 milks each 

One (1) cooler to be placed at the following location: 

Schoharie Central School 

VOORHEESVILLE CSD 

Requirements: 16 case capacity 

Two (2) to be placed at the following location: 

Voorheesville Elementary School 

Vendor this is not a new requirement. If your coolers are in place at this school district and 

you are awarded the bid, additional coolers may not be needed). 


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BOARD OF COOPERATIVE EDUCATIONAL SERVICES 

ALBANY-SCHOHARIE-SCHENECTADY-SARATOGA COUNTIES 

CAPITAL REGION BOCES COOPERATIVE PURCHASING GROUP 

COOPERATIVE BIDDING - Special Instructions 

1. Bidders must comply with all items listed in Notice of Request for Bids. The bids submitted shall 

apply to each participating school in the purchasing group. 

2. Bidders are to return complete set of bid documents, Bid Sheets, and this signed Special Instructions 

page (pages 2-4 and 11-15). 

3. The attached Bid Proposal Certificates (Non-Collusion Statement and Iran Divestment Act of 2012 

Certification) must be signed and returned with the bid or the bid will be rejected. 

4. All bid prices should be rounded to four (4) decimals. 

5. Please indicate if the packaging or unit being quoted is different than requested. 

6. All prices quoted shall be net, including transportation and delivery charges (no gas surcharges) fully 

prepaid to delivery points and exclusive of all federal, state, municipal sales and excise taxes. 

7. A bid will be rejected if the vendor requires a minimum dollar order. 

8. All quantities listed are for bid purposes, and are estimates only. Quantities noted are for the period 

of the contract. 

9. All notations other than prices and variances should be written in memo or letter form and appear as 

first page in your packet. 

10. BOCES reserves the right to award the bid in total or by lot, as it is deemed to be in the best interest 

of the BOCES/component school districts. Vendors may bid on any or all lots. 

12. When the bidder is unable to supply an item for which he is awarded the bid, the school may 

purchase the item elsewhere and deduct the difference in price, if any, from the next invoice payable 

to the bidder. 

13. Orders will be placed by each of the participating schools and bills are to be directed to the ordering 

schools. Deliveries to the participating school districts are to be made according to the enclosed 

Delivery Schedule, except holidays. 

14. Invoices are to be issued at the time of shipment; any back ordered items are to be invoiced at the 

time of their shipment. Any invoice issued for items not shipped will be returned, unpaid, to the 

vendor. 

Please sign below indicating that you have read and understand these Specifications. 

________________________________ 

Signature 

____________________ 

Date 


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RESOLUTION – for Corporate Bidders Only 

RESOLVED THAT ________________________________________________________be 

(Individual) 

authorized to sign and submit the bid or proposal of this corporation for the following: 

_________________________________ Milk and Milk Products_______________________________ 

(Description of Item/Project) 

and to include in such a bid or proposal the certificate as to noncollusion required by Section 

103-d of the General Municipal Law s the act and deed of such corporation and for any 

inaccuracies or misstatements in such certificate this corporate bidder shall be liable under 

penalties of perjury. 

The foregoing is a true and correct copy of the resolution adopted by ____________________ 

____________________________________________________________________________ 

corporation at a meeting of its board of directors held on the _________day of _____, 20 _____ 

and is still in full force and effect on the ___________day of ________________, 20 ________. 

(SEAL OF THIS CORPORATION) 


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THE BIDDER CERTIFIES THAT: 

NON-COLLUSION STATEMENT 

(To be returned with proposal) 

A. This bid has been independently arrived at without collusion with any other bidder 

or with any competitor or potential competitor; 

B. This bid has not been knowingly disclosed and will not knowingly be disclosed, prior to the 

opening of bids for this project; to any other bidder, competitor or potential competitor; 

C. No attempt has been or will be made to induce any other person, partnership or corporation 

to submit or not submit a bid; 

D. The person signing this bid certifies that he or she has fully informed him/herself regarding 

the accuracy of the statements contained in this certification, and under the penalties of 

perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to 

the person signing on its behalf; 

E. The attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the 

executive of this certificate by the signator of this bid on behalf of the corporate bidder. 

______________________________ 

SIGNATURE 

_______________________________ 

TITLE 

_______________________________ 

DATE 


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IRAN DIVESTMENT ACT OF 2012 CERTIFICATION 

(To be returned with proposal) 

The Iran Divestment Act of 2012 (Act), is codified in State Finance Law (section 165-a) and 

General Municipal Law (section 103-g). The Act prohibits political subdivisions, including 

school districts and BOCES, from considering any person or entity engaging in investment 

activities in the energy sector in Iran as a responsible bidder or proposer. Attached is the link to 

the Prohibited Entities list on the OGS website: http://www.ogs.ny.gov/about/regs/docs/Listof 

Entities.pdf. 

A bid or proposal shall not be considered for award nor shall any award be made where the 

bidder or proposer fails to submit a signed and verified bidder’s certification. 

Each bidder or proposer must certify that it is not on the list of entities engaged in investment 

activities in Iran created pursuant to State Finance Law (section 165-a). In any case where the 

bidder or proposer cannot certify that they are not on such list, the bidder or proposer shall so 

state and shall furnish with the bid or proposal a signed statement which sets forth in detail the 

reasons why such statement cannot be made. 

The Board of Education may, but is not required to, award to a bidder or proposer who cannot 

make the certification if: 

a. The investment activities in Iran predate the effective date of this law (April 12, 2012), 

have not been expended or renewed since, and the bidder or proposer has adopted, 

publicized, and is implementing a formal plan to cease such activities and refrain from 

any new investments in Iran. 

b. The Board of Education determines that the goods or services provided by the bidder or 

proposer are necessary to its functions, and without an exemption it would be unable to 

obtain the goods or services. 

By submission of this bid or proposal, the bidder or proposer and each person signing on behalf 

of any bidder or proposer certifies, under penalty of perjury, that to the best of its knowledge and 

belief, that the bidder or proposer is not on the list created pursuant to State Finance Law. 

Company Name of Respondent: ________________________________________ 

Address: 

________________________________________ 

________________________________________ 

City/State/Zip Code: 

Telephone Number: 

Fax Number: 

________________________________________ 

________________________________________ 

________________________________________ 


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E-Mail: 

________________________________________ 

Authorized Agent: 

Name: _______________________________ 

(Printed) 

Title: ________________________________ 

(Printed) 

By: _________________________________ 

Signature 

SUBSCRIBED AND SWORN to before me by the above name on this 

Day of _________________, 20___. 

______________________________________ 

Notary Public in and for the 

State of _______________________________ 


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RFB-13-051 - Capital Region BOCES

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