1. METHOD OF TENDERING PROPOSALS.
(A) ALL BIDDERS MUST TENDER THEIR PROPOSAL ON THE FORM FURNISHED WITH
THESE SPECIFICATIONS and shall execute the form in ink or typewriter, without alteration or additions
of any kind. Except for catalogs or other descriptive literature specified or requested, ANY LETTERS OR
OTHER PAPERS ATTACHED TO PROPOSALS OR SUBMITTED UNDER SEPARATE COVER
CONTAINING CONTINGENT CLAUSES OR MODIFICATIONS TO THESE SPECIFICATIONS
WILL NOT BE ACCEPTED. Any deviation or minor points of variance shall be specifically shown and
stated in the space provided on the bid sheet or on a separate sheet of paper, and only those deviations or
minor variations contemplated or permitted thereby will be considered.
(B) No person, co-partnership, or corporation, shall submit more than one proposal, either directly or
by agent. Each bidder shall sign said proposal with his/her full name, in his/her own handwriting, and, if a
partnership, each partner must sign; if a corporation, the corporate name shall be signed, and signed and
acknowledged by a duly authorized officer thereof.
(C) 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.
(D) "Energy Star
For all applicable products bidders must submit with their bid a statement indicating that all products
purchased will bear the "Energy Star" label as awarded by the U. S. Environmental Protection Agency and
U. S. Department of Energy.
(E) If bidder finds it necessary to purchase a product that does not bear the "Energy Star" label the
bidder or the respective Department or Agency must include a written statement indicating the reason
"Energy Star" products cannot be used, and a comparison of the initial and operating cost differential during
the useful life of the "Energy Star" rated product and the non-rated product.
(F) 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%. 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.
Please note the City of Buffalo may waive its requirement of the above performance bond, at the
discretion of the Director of Purchase. If approval is granted and your company is not required to
submit a performance bond please list the credit price that would be deducted from your proposal. All inquiries during the question period only should be directed via e-mail only to: Brian Kinyoun, Division
of Purchase: bkinyoun@buffalony.gov.
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