Specifications

Page 1 of 22
Revised 7/23/14
SUFFOLK COUNTY DEPARTMENT OF PUBLIC
WORKS YAPHANK, NEW YORK
EXHIBIT A - INSTRUCTION TO BIDDERS AND
GENERAL SPECIFICATIONS TO BE COMPLIED
WITH WHERE APPLICABLE
1. Elements of Interpretation
As used throughout the Contract:
A. Words of the masculine gender shall mean
and include correlative words of the
feminine and neuter genders and words
importing the singular number shall mean
and include the plural number and vice
versa. Words importing persons shall
include firms, associations, partnerships
(including limited partnerships), trusts,
corporations and other legal entities,
including public bodies, as well as natural
persons, and shall include successors and
assigns.
B. Capitalized terms used, but not otherwise
defined herein, shall have the meanings
assigned to them in the Contract.
2. Definitions
A. Bid. An offer or proposal submitted by a
Bidder to furnish a described Product or a
solution, perform services or means of
achieving a practical end, at a stated price
for the stated Contract term.
B. Bidder. Any individual or other legal entity
(including but not limited to sole proprietor,
partnership, limited liability company, firm
or corporation) which submits a Bid in
response to a Bid Solicitation. In case of
negotiated Contracts, “Bidder” shall refer
to the “Contractor.”
C. Bid Documents. Writings by the County
setting forth the scope, terms, conditions
and Technical Specifications for a
procurement of Product. Such writings
may typically include, but are not limited
to: Instruction to Bidders, Suffolk County
Legislative Requirements, Technical
Specifications, Bid Form, Listing of Names
and Addresses, addenda or amendments
thereto, Bid, and terms and conditions
which are incorporated by reference.
D. Bid Form. The approved form on which
the County requires formal bid to be
prepared and submitted for the Work.
E. Cash Discount. Incentive offered by a
seller to a buyer for settling the invoice
immediately on delivery or in a period
substantially shorter than the conventional
period in that industry or market.
F. Class Bid. Bids that encompass more
than one item that share common
attributes or traits.
G. Commissioner. Commissioner of the
Suffolk County Department of Public
Works, or his authorized representative.
H. Contract. The writing(s) which contain the
agreement of the Commissioner and the
Bidder/Contractor setting forth the legal
obligation between the parties as
determined by applicable rules of law.
I. Contractor. Any successful
Bidder(s) to
whom a Contract is awarded by the
Commissioner, its officers, officials,
employees, agents, servants, sub-
contractors and any successor or assign
of any one or more of the foregoing
performing the Services..
J. County. The County of Suffolk, its
departments, agents, servants, officials,
and employees.
K. Department. The Suffolk County
Department of Public Works.
L. Material Breach. Failure, without legal
excuse, to perform a duty or obligation
under the contract that is so substantial
that it defeats the purpose of the Contract.
M. Product. A deliverable under any bid or
Contract which may include commodities
and services.
N. Purchase Order. The form or format that
is used when making a purchase.
O. Responsible Bidder. A bidder that is
determined to have financial and
organizational capacity, legal authority,
satisfactory previous performance, skill
judgment and integrity, and that is found to
be competent, reliable and experienced,
as determined by the Commissioner.
P. Responsive Bidder. A Bidder meeting
the Technical Specifications or
requirements prescribed in the Bid
Documents or solicitation, as determined
by the Commissioner.