Tiger Flail Mower Parts for the Division of Inventory & Stores

INQUIRIES. Pursuant to Article IX of New York State Finance Law 139-j, no Offeror shall engage in any impermissible contact with the governmental entity during the "restricted period" for this Formal Proposal. Contact shall include any oral, written or electronic communication with the governmental entity under circumstances where a reasonable person would infer that the communication was intended to influence the governmental entities conduct or decision regarding the governmental procurement. The "restricted period" shall mean the period of time commencing with the earliest written notice, advertisement or solicitation of a request for proposals, invitation for bids, or solicitation of proposals, or any other method for soliciting a response from Offeror intending to result in a procurement contract with the governmental entity and ending with the final contract award and approval by the governmental entity and, where applicable, the State Comptroller. Except as otherwise permitted under State Finance Law 139-j(3), any contact with the governmental entity, other than to discuss current business with the City of Buffalo, or during the question and answer period (via e-mail ONLY) with the person(s) identified below, may result in a Offeror's immediate disqualification. All inquiries during the question period only should be directed via e-mail only to: Brian Kinyoun, Division of Purchase: bkinyoun@buffalony.gov. CONTRACT AND BOND. (A) The successful bidder will be required to enter into a contract and furnish a bond guaranteeing the faithful performance of the contract in the penal amount of the contract price, such bond to be executed by the bidder as principal, and by a duly incorporated company authorized to guarantee the performance of the contract and to do business in the State of New York as surety. Said bond to be approved by the Corporation Counsel as to form and by the Comptroller of the City of Buffalo as to sufficiency of the bond. The amount of the performance bond shall be based on the total amount of the contract, arrived at by the additions of the totals for all groups or units listed thereon. (B) ALTERNATIVES TO PERFORMANCE BONDS. Where the cost for the purchase of materials, supplies or equipment does not exceed two hundred fifty thousand dollars ($250,000.00), the head of the City agency charged with the execution of the contract may, in his/her discretion, waive the requirement of a performance bond and authorize instead the submission of a certified check, bank draft or letter of credit in the amount of fifty percent (50%) of said cost. Where the cost of such purchase exceeds two hundred fifty thousand dollars ($250,000.00), the Common Council may, upon the recommendation of the head of the city agency charged with the execution of the contract, waive the requirement of a performance bond and authorize instead the submission of a bank draft, certified check or letter of credit in the amount of fifty percent (50%) of said cost. (C) EXCEPTIONS. Wherever the total of items awarded to any bidder is less than $20,000.00, purchase orders will be issued and no performance bond will be required. This exception does not apply where a trade-in is involved. In such cases the gross total quoted amount shall be the determining figure. A bond, or other security, shall be required when the amount is $20,000.00 and over. QUALIFICATIONS FOR BIDDER. Ordinarily, proposals are not considered from bidders on supplies, material or equipment, if the bidder or manufacturer of same is in bankruptcy, or in the hands of a receiver at the time of tendering a proposal or at the time of entering into a contract, but the Director of Purchase reserves the right to accept or reject such proposals in the best interest of the City. No bid shall be accepted from any person or corporation that is in arrears to the City upon any debt or contract. FOR THE PURPOSE OF THIS BID, A PERFORMANCE BOND WILL NOT BE REQUIRED WHEN ENTERING INTO A CONTRACT, HOWEVER, BID SURETY (BID BOND, CERTIFIED CHECK, BANK DRAFT OR IRREVOCABLE LETTER OF CREDIT) FOR 10% OF TOTAL AMOUNT IS REQUIRED WHEN SUBMITTING A BID All bidders must submit with their bid a statement indicating that they will work toward a minority workforce goal of 25%, and woman workforce goal of 5%. In addition, a statement must be submitted indicating that the bidder will work toward a business utilization goal for minority business enterprise of 25% and woman business enterprise of 5%. A bid bond, certified check, bank draft or letter of credit must accompany a bid under $250,000.00. If the total dollar amount of the bid exceeds $250,000.00, then only a bid bond is acceptable, otherwise, a certified check, bank draft or letter of credit shall be for ten percent (10%) of the amount bid. Bid bond running to the City of Buffalo to be executed by bidder as principal and by duly incorporated company authorized to guarantee performance of the contract, and to do business in the State of New York, as surety, in the penal amount of not less than ten percent (10%) of the bid, conditioned that if the bid accompanying the bond shall be accepted, the principal named in such bond will, whenever required, enter into a written contract for the performance of the contract in accordance with conditions as provided in the plans and specifications and will furnish the required security for the faithful performance of the contract as specified, and the penal sum of such bid bond, in the amount of one hundred percent (100%) shall be and become the minimum amount of the damages suffered by the City as liquidated damages, if the bidder whose bid is accepted shall fail to enter into a contract with the City and give security for the performance of the contract as required, upon notice to him as in said plans and specifications prescribed. The amount of the aforementioned bid bond, certified check, bank draft or letter of credit, shall be based on the total amount of the bid arrived at by the addition of the totals for all groups or units bid upon. Whenever bidder submits proposals for items aggregating less than $20,000.00, no security need accompany the proposal. The City of Buffalo reserves the option to purchase additional quantities of the above units at the bid prices, under the same terms and conditions from July 1, 2023 through June 30, 2024. If agreeable to the successful vendor and if necessary funds become available, may renew an additional four (4) one year periods with all terms the same and agreeable to both parties. Yearly renewal options will be concurrent with the City of Buffalo's fiscal year July 1st - June 30th. City of Buffalo reserves the right to reject any and all bids or parts of bids, to waive irregularities and technicalities and to request rebids. City of Buffalo also reserves the right to award the contract on such as the City deems will best serve its interests. City of Buffalo reserves the right to reject all bids and utilize pricing offered in current contracts with other governmental entities if determined advantageous and in the best interest of the City. Price quoted shall include delivery to the Division of Inventory & Stores, 197 Broadway, Buffalo, NY 14202, to the attention of John Fiegel. 48 hours notification of delivery shall be given to 716-851-5026. Bidders are requested to bid a percentage discount from the distributor industrial price list for the above requested items. All price lists must be included with your proposal and must be the latest current established list. Any changes in price list must be submitted to and approved by the Division of Purchase 30 days in advance of any such change. Bid bond or certified check submitted with bid shall be for $3,000 (10% of $30,000). For questions regarding these products or any other questions please contact Brian Kinyoun, Buyer, bkinyoun@city-buffalo.com. Brand names used in these specifications are not intended to imply or denote a particular vendor and are not to be construed as restrictive in any way. All proposals that meet or exceed specifications will be considered.

Division 01 -	General Requirements.
Division 10 -	Specialties.
Division 11 -	Equipment.