179-2324-242-CNS_MGMT_SOFTWARE-BID ADVERTISEMENT.pdf

Bidder: ______________________________________________________

Durham Public Schools

Durham Public Schools

RFP# 179-2324-242-CNS_MGMT_SOFTWARE

Attn: Tanita Nicholson 511 Cleveland Street Durham, NC 27701

REQUEST FOR PROPOSALS NO:

RFP# 179-2324-242-CNS_MGMT_SOFTWARE

Bid Opening DATE: 5/2/2024

Direct all inquiries concerning this RFP to:

Durham Public Schools

Attn: Tanita Nicholson

All questions must be submitted via email no later 2:00 pm on 4/9/2024

Contract Type: Open Market, Purchase using various funds; when using Federal Funds Durham Public Schools will follow all Federal guidelines.

Email: Dist.Purchasing@dpsnc.net Using Agency Name:

Durham Public Schools

Bids will be publicly opened on:

NOTE: Questions concerning the specifications in this Request for Proposals will be received until date and time listed above. ALL QUESTIONS MUST BE SUBMITTED IN WRITING, EITHER BY EMAIL or TO THE ADDRESS LISTED ABOVE. NO QUESTIONS will be received by telephone.

Questions received after the date and time listed above will not be considered. A summary of all questions and answers will be posted on the Interactive Purchasing System as an addendum, located under the RFP # being modified. It is the OFFEROR’S responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

NOTICE TO BIDDERS

Sealed Proposals subject to the conditions made a part hereof, will be received until 1:00 pm 5/2/2024 for furnishing and delivering the commodity/services described herein and then publicly opened.

Bids submitted via telegraph, facsimile (FAX) machine, telephone and electronic means, including but not limited to email, in response to this Request for Proposals will not be acceptable. Bids are subject to rejection unless submitted on this form.

Please submit three (3) hard copies and one (1) copy via flash drive of your proposal. One copy must be marked original.

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EXECUTION

In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Failure to execute/sign the proposal prior to submission shall render the proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted.

VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FEDERAL ID NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

Offer valid for at least 120 days from date of proposal opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If any or all parts of this proposal are accepted by Durham Public Schools, an authorized representative of Durham Public Schools shall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s).

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1.0 REQUEST FOR PROPOSAL DOCUMENT

The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

1.1 Proposal Questions

Written questions concerning this RFP will be received until 2:00 pm on 4/9/2024 Eastern Standard Time.

They must be sent via email to: Dist.Purchasing@dpsnc.net please insert “Questions for bid RFP# 179-2324-242-CNS_MGMT_SOFTWARE as the subject for the email.

Durham Public Schools will prepare responses to all written questions submitted, and post an addendum to the Interactive Purchasing System (IPS) https://www.ips.state.nc.us/ips/ oral answers are not binding on Durham Public Schools.

Questions received prior to the submission deadline date, Durham Public Schools response, and any additional terms deemed necessary by Durham Public Schools be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Durham Public Schools personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.

Vendor contact regarding this RFP with anyone other than DPS employee listed above may be grounds for rejection of said Vendor’s offer.

Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this RFP periodically check the State website for any and all Addenda that may be issued prior to the offer opening date.

1.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

2.0 PROPOSAL SUBMITTAL

Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein.

3 | Page https://www.ips.state.nc.us/ips/

Mailing address for delivery of proposal via US Postal Service

Office Address of delivery by any other method (special delivery, overnight, or any other carrier)

Durham Public Schools

RFP# 179-2324-242-CNS_MGMT_SOFTWARE

Purchasing Department Attn: Tanita Nicholson 511 Cleveland Street Durham, NC 27701

Durham Public Schools

RFP# 179-2324-242-CNS_MGMT_SOFTWARE

Purchasing Department Attn: Tanita Nicholson 511 Cleveland Street Durham, NC 27701

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein.

Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this RFP shall NOT be accepted.

a) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above.

If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package.

2.1 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order:

a) Cover Letter

b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

c) Completed and signed version of EXECUTION PAGES, along with the body of the RFP, and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned).

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2.2 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency.

b) BUYER: The employee of Durham Public Schools or Other Eligible Entity that places an order with the Vendor.

c) CONTRACT LEAD: Representative of Durham Public Schools who corresponds with potential

Vendors in order to identify and contract with that Vendor providing the greatest benefit to Durham Public Schools and who will administer this contract

d) E-PROCUREMENT SERVICES: The program, system, and associated services through which the State conducts electronic procurement.

e) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid.

f) LOT: A grouping of similar products within this RFP.

g) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required.

h) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor.

i) RFP: Request for Proposal

j) STATE: The State of North Carolina, including any of its sub-units recognized under North

Carolina law.

k) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institution.

l) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal.

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3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS PROPOSAL

REVIEW AND AWARD

It is the intent of Durham Public Schools to award this RFP to the responsible bidder(s) who best matches the needs of Durham Public Schools. Durham Public Schools reserves the right to reject any and all bids.

All qualified proposals will be evaluated and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation.

While it is the intent of Durham Public Schools to award this RFP to a single Vendor, Durham Public Schools reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to Durham Public Schools to do so.

The status of a Vendor’s E-Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an

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E-Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State’s discretion be disqualified from further evaluation or consideration.

Durham Public Schools reserves the right to waive any minor informality or technicality in proposals received.

3.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING

EVALUATION

During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor’s office), or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor’s proposal may be disqualified if its subcontractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision.

3.2 PROPOSAL EVALUATION PROCESS

Durham Public Schools shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP.

Durham Public Schools will conduct a One-Step evaluation of Proposals:

Proposals will be received from each responsive Vendor in a sealed envelope or package.

All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.

At that date and time, the package containing the proposals from each responding firm will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

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Durham Public Schools reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with Durham Public Schools, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory.

Upon completion of the evaluation process, Durham Public Schools will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to Durham Public Schools.

3.3 INTERPRETATION OF TERMS AND PHRASES

This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration.

However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for Durham Public Schools to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 1.1.

4.1 CONTRACT TERM

The Contract shall have an initial term of one year, beginning on the date of contract award (the “Effective Date”). The Vendor shall begin work under the Contract within thirty (30) business days of the Effective Date.

At the end of the Contract’s current term, Durham Public Schools shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of four additional one-year terms. Durham Public Schools will give the Vendor written notice of its intent whether to exercise each option no later than thirty (30) days before the end of the Contract’s then-current term. In addition, Durham Public Schools reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments.

4.2 PRICING

Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other

7 | Page similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT III: PRICING FORM and include in Proposal.

4.3 INVOICES

a) Invoices must be submitted to the Accounts Payable Office on the Vendor(s) official letterhead/stationery.

b) Invoices must bear the correct contract number/purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.

c) Invoices must include an accurate description of the work/items for which the invoice is being submitted, the invoice date, the period of time covered when applicable, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager.

4.4 PAYMENT TERMS

a) The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal.

b) The Vendor will be paid net thirty (30) calendar days after the Vendor’s invoice is approved by Durham Public Schools.

4.5 FINANCIAL STABILITY

Each Vendor shall certify it is financially stable by completing the ATTACHMENT IV: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify Durham Public Schools within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification.

4.6 VENDOR EXPERIENCE

When applicable in its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

4.7 REFERENCES

Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein. Durham Public Schools may contact these users to determine the services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal.

COMPANY NAME CONTACT NAME TELEPHONE NUMBER

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4.8 BACKGROUND CHECKS

Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background the details below must be provided to Durham Public Schools:

a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of Vendor, its officers or directors, or any of its employees or other personnel to provide services on this project, of which Vendor has knowledge or a statement that it is aware of none;

b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is aware of none;

c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings;

d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none.

e) Any civil litigation, arbitration, proceeding, or judgments pending against Vendor during the three (3) years preceding submission of its proposal herein or a statement that there are none.

Vendor’s responses to these requests shall be considered to be continuing representations and Vendor’s failure to notify Durham Public Schools within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform services under this contract.

Any personnel or agent of the Vendor performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by Durham Public Schools.

4.9 PERSONNEL

Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. Durham Public Schools will approve or disapprove the requested substitution in a timely manner. Durham Public Schools may, in its sole discretion, terminate the services of any person providing services under this Contract.

Upon such termination, Durham Public Schools may request acceptable substitute personnel or terminate the contract services provided by such personnel.

4.10 VENDOR’S REPRESENTATIONS

a) Vendor warrants that qualified personnel shall provide services under this Contract in a professional manner. “Professional manner” means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of Durham Public Schools under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all

9 | Page subcontractor(s) that may be approved by Durham Public Schools. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables.

c) Vendor warrants that it has the financial capacity to perform and to continue to perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

5.0 SCOPE OF WORK/ACCEPTANCE OF WORK

In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, Durham Public Schools shall have the obligation to notify Vendor, in writing ten

(10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by Durham Public Schools shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable.

Final acceptance is expressly conditioned upon completion of all applicable assessment procedures.

Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, Durham Public Schools may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina.

5.1 LIQUIDATED DAMAGES

The parties agree that calculation of actual damages resulting from failure to meet the following performance standards is extremely difficult, if not impossible, to calculate accurately, and the parties also agree that the compensation identified for such failures are a reasonable estimate of damages resulting from a failure to meet the performance standard described. Therefore, the parties agree that the Vendor shall be subject to amounts due as liquidated damages but not as a penalty, for each such failure, as follows:

Notwithstanding any other provision herein, liquidated damages shall not be subject to a limitation on damages or limit of liability for damages that otherwise may be applicable to recoverable damages.

5.2 DISPUTE RESOLUTION

The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to Durham Public Schools’ Contract Lead for resolution. A claim by Durham Public Schools shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within

10 | Page thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute.

5.3 CONTRACT CHANGES

Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by Durham Public Schools and Vendor.

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RFP begins on the next page

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6.0 PROPOSAL

Durham Public Schools School Nutrition Services

Request for Proposals - Front and Back of House Management Software

GENERAL FEATURES Response (Yes “Y” or No “N”) Option to purchase only the specific modules needed for each site Integrates with Sylogist Software Ability to have hierarchy user accounts (Administrator, Central Office, Manager, Cashier) Free Customer Service 1 Year or more no cost training for all staff;

includes start up (on-site and/or virtual) Has training or demo mode for staff to practice in All software is Single Sign-On (SSO) compatible with Office 365

POS HARDWARE Response (Yes “Y” or No “N”) Universal keypad acceptance of combo keypad/barcode scanner for entry of PIN, ID, or Barcode Support meal and a la carte sales Ability to use current site computers, laptops, tablets Supports dual sided PIN devices per POS

CENTRAL PURCHASING Response (Yes “Y” or No “N”) Ability to preselect specific site orders for automatic approval Automatically transform requisitions to purchase orders and supply orders based on supply chain hierarchy Summarize orders for multiple sites for drop ship by vendor Block items from appearing at specific sites Block sites from ordering specific items

POINT OF SALE Response (Yes “Y” or No “N”) Ability to take meal payments at the manager or cashier serving line Day end reports Reports to be included as part of the end of day can be determined by the user Allergen Reports Automatically detects second reimbursable meal and charges a la carte or second meal price Automatically detects ID entry from students from other schools and processes their eligibility according to their eligibility at the home school Log reimbursable sales to students not in the database Ability to track sales by item, including reimbursable meal components by item

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Is compatible with Community Eligibility Provision (CEP) accounting Allow cash, check, or student’s account for each transaction Display and prints a detailed report of student’s daily, weekly, monthly, and yearly activity Determine overage and shortage for each cashier Ability to track/print an individual cashier (user) overages and shortages for a period of time Support multiple POS terminals per school Support no ID cash sales Support dual serving lines per cashier register Support prepayment at POS Cashier can enter cash or check info without leaving sales screen Apply change to account without leaving the sales transaction Provide multiple methods for patron identification Charging only allowed for certain accounts Provide barcoded ID cards Allow cashier to enter ID Student information and sales screen includes picture, notes, Allergens, name, ID, and account balance and prevents student eligibility status identification.

Ability for sales screen to notify cashier of account alerts (allergy, low balance, customizable notes and student/adult is from another site) Support sales by class roster on screen Allow correction voiding and correction of sales transaction based on user defined criteria Provide for ability to limit or authorize voids and sales correction based on predefined hierarchy.

Support grade, student, adult, and employee sensitive pricing Emergency Roster Allow sites to print emergency roster by class or grade for manual sales entry, if needed Support electronic or manual cash drawers Support tiered meal pricing Automatically synchronize student eligibility and demographics POS redundancy Cashier may still process transitions even if connection with the network is lost Ability to scan student medical statements or documents to their record.

INVENTORY Response (Yes “Y” or No “N”) Easily set an order hierarchy for each inventory item Identify food and non-food items and their storage locations

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Identify purchased and commodity items Support multiple vendors and supply units per items, including commodity Multiple vendors and prices per item, multiple supply units and packs per item, easily set and change priority for primary supplier, easily set and change priority for commodity items, set minimum ship quantity or dollar limit per vendor with warning alert to user during creation of orders Deplete spoilage and loss with reasons Inventory adjustment which inventory is decreased or depleted requires a reason Support multiple cost basis Automated order feature at the site level Ability to create an order based on par, predefined shopping lists, menu forecast, stock level, District approved, and warehouse items Receiving screen match the original order or can be sorted by item, item code, or vendor code List orders by origin and delivery dates Ability to receive items manually or update receiving Allow items to be added while in the receiving screen or as separate item for shorted items received a different day Track variances between ordered and received counts and prices Allow sites the option to receive all items or to enter changes for items not received Physical inventory counts and value reporting Allow for entry of additional cost such as delivery fee, processing fee, broker’s fee, and pass through value (NOI-net off invoice) Allow users to sort the receiving ticket in various ways in order to easily read and enter data from supplier invoice or packing slip Allow partial receiving with option to back order User would be able to enter zero received for shorted/out of stock items and discrepancies with the option to back order the item Discrepancy report for variances between ordered and received items based on invoice Provides the ability to display/print report based on invoice number/vendor which provides a listing of variances in price and quantity between ordered and received Entry of counts in both usage units and purchase units Site user has the ability to setup and control physical inventory storage locations Physical inventory count sheets printable to match storage locations established by site user Count data entry screen match printed physical inventory count sheets

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Display/Print variance report showing discrepancies in perpetual versus actual inventory balances Inactive inventory items cannot be inventoried Save Only and Save & Update feature for physical inventory Purchase Order

MENU PLANNING AND NUTRIENT ANALYSIS Response (Yes “Y” or No “N”) USDA approved Nutrient Standard Menu Planning Food based component menu planning Inventory/Commodity/Ingredient Management Recipe Management/Finished Product Management HACCP, Allergens, and Target Temperature support Create, edit, and delete menu templates for each meal and age group View average nutrition of menu for 3-7 days with the ability to drill down to day, menu, pattern, recipe, and item Display costing per serving, cost per person, and food cost percentage Calendar menu can be printed and exported to other programs to allow for enhancement with graphic and additional notes Allow export of menu into web-display to allow for enhancement such as allergen codes & nutrition information Scale menu forecasts based on entering overall meal count forecast Editable Menu Item Cost Support editing of individual menu item counts for offer versus serve Distinguish between reimbursable meal forecast, adult, and a la carte forecast for nutrition analysis Analyze actual nutrition data after production record is complete Allow user to view actual nutrient analysis based on amounts entered from production records Support unlimited nutrition categories District can determine and set up categories based on needs-such as entrée, vegetable, fruit, etc.

Transform recipe into finished goods without linking inventory items Every recipe is automatically an item Each inventory offers the option to multiple unit definitions, food component, and links to nutrition data Recipes support multiple serving units Each recipe allows for multiple serving unit descriptions, food component definitions, and links

15 | Page to an ingredient and/or finished goods nutrition data Recipes are a finished product Every recipe is automatically a finished product upon production and can be ordered, received, counted, and wasted/spoiled Downloaded ingredients/recipes cannot be edited by the user/site Site users cannot change recipes and/or ingredients other than the portions needed for production Manual entry of nutrition data Allow district users to add nutrition received from manufacturer specifications and labels Ability to print (detailed) menu formatted reports showing each menu items nutrient continents, i.e carbohydrates, fat, calories, etc. not just total nutrients for the day (summary) Ability to scan and attach documents such as nutrition facts and photos to recipes.

FOOD PRODUCTION Response (Yes “Y” or No “N”) Production record approved by NC DPI Print production records based on local and state guidelines Display production record screen for data entry based on menu plan Hide or display ingredients of recipe Users may choose to display or hide ingredients on production records so that only the menu item displays Record target temperature, time of withdrawal of item from heating or cooling source, temperature at withdrawal, and holding temperature of serving line and leftover/discard temperature Automatically create finished goods for produced items Create pick list for ingredients based on recipes and automatically deplete stock based on recipes Allow users to set up various batch requirements based on portion sizes Automatically return finished goods to stock or spoil finished goods after posting usage Left-over management Allow site managers to add leftovers to the menu Allow adjustment of preparation requirements based on leftovers available Record leftovers by disposition Allow site managers to choose between waste, freeze (with use by date), refrigerate (with use by date) and use next day (with use by date)

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STUDENT ELIGIBILITY Response (Yes “Y” or No “N”) Complies with current USDA and state application regulations Direct certification via file import Complete verification module Integration with online web applications Automated year end rollover process Application program sharing (agree to share info) Notifies the user up to ten (10) days in advance when a “pending” application expires Software generates notification letters (increase or decrease in benefits) Allows for 30 operating day grace from previous school year eligibility status and ability to add students to a “temporary” class during the grace period Allows more than 1 expiration date for applications due to multiple calendars.

Second reviewer option on applications

ONLINE WEB PAYMENT PROCESSING Response (Yes “Y” or No “N”) Parent account management (ability for parents to set up email alerts on student’s balances, set up automatic scheduled payments, able to view purchase history, divide payments between students in family and at different building sites) Ability to send balance alert email or text, both low and negative balance Online payment via web or phone Ability for parents to use credit card, debit card, or e-check Provides detailed monthly banking and financial reports Ability to setup recurring payments Low convenience fee for parents Free customer support

ACCOUNTABILITY Response (Yes “Y” or No “N”) Complies with current USDA and state meal regulations Government reporting for claims Support North Carolina reporting Custom Report Generator User definable letters User defined day-end reports Interface for accounting Generate USDA Edit check report based on daily attendance Generate USDA approved reimbursement report Support Community Eligibility Allow the user to set up custom reports as needed without vendor tech support Export data in a variety of formats: Excel, Word, PDF, Text, and CSV formats/spreadsheets

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Meal eligibilities categories are defined by the District office (free/reduced/paid/adult/employee, etc) Variable report generating criteria The ability to generate reports based on all schools, groups of schools, or individual school The ability to generate reports from production records related to item utilization/uptake, waste, etc.

Report screen includes a preview option Allow the user to select correct reports before printing Reports can be set to automatically generate Reports are displayed on screen with the option to save, print, or export the report End of day reports can be set up to generate after site completed end of day routine Centralizing importing and exporting of student pictures Bank deposit reconciliation

FINANCIAL (if applicable) Response (Yes “Y” or No “N”) Mirror Sylogist Software Financial reports that include trial balance, income statement, balance sheet, place cost, indirect cost State FC1-A report view and print State FC1-A report set up Import to Sylogist from District Export to Sylogist from School Nutrition Statistical Report that include labor hours, supplemental sales, meal counts, plate cost

TECHNOLOGY Response (Yes “Y” or No “N”) Web-based Built in exports for Excel, CSV, Word, Text, and

PDF

Automated synchronization features for communication updates in near real-time between web payments, portal, central student database, and distributed databases by supporting redundancy for off-line operation at the cashier station and manager station, as well as student mobility between schools Fully integrated Back Office-Inventory, Order Entry/Purchasing, Menu Planning/Production, Nutrient Analysis, Student Eligibility, Accountability, Financial

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Notes:

Durham Public Schools SY24-25

● 56 schools total (Hospital School does not receive meal service)

● 50 production kitchens/on-site service

● 9 transported meals service locations

● 95 (terminals) Point of Service

● 50 Inventories (schools + central warehouse + catering kitchen)

● 17 types of Production Records (147 production records completed across the district each day)

USDA NON-DISCRIMINATION STATEMENT

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

This institution is an equal opportunity provider.

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SCHOOL DISTRICT SPECIAL CONDITIONS OF THE RFP/CONTRACT

Special Conditions are circumstances that are required of all bidders for the RFP.

The dates of delivery and the number of deliveries per school will be mutually agreed upon by the vendor and the Executive Director, School Nutrition Services (SNS) or Designee prior to the first delivery of the school year.

No deliveries will be allowed or accepted at Elementary schools prior to 6:00 am.

No deliveries will be allowed or accepted at Middle and High schools prior to 7:00 am.

All deliveries must be completed by 2:00 pm.

Vendor shall be solely responsible for removing all pallets and delivery materials promptly, the school district will not be held responsible for pallets or equipment.

All invoices must be signed by an authorized SNS employee. The school district will not pay for any invoice that is not signed or is signed by anyone other than an SNS employee.

SNS staff members are not authorized to be in the schools to accept deliveries on non-operational days. Managers are not allowed to make arrangements to meet the delivery driver during a weekend, student vacation day, intersession, or school break. SNS Director will not authorize payment for any product or invoice on a non-operational date.

SNS may require emergency deliveries based upon equipment failure, missing product, or changes in participation expectations. The vendor and SNS Director will make an agreement concerning emergency deliveries.

SNS does not accept any food items or ingredients that contain artificial colors/dyes, artificial flavors, EDTH, or TBHQ. SNS does not accept any food items or ingredients that contain trans fats, including hydrogenated fats listed as an ingredient but noted as “0 grams trans fats” on the nutrition label. SNS does not accept any food items or ingredients with high fructose corn syrup. SNS does not accept any food items or ingredients made with rGBH.

All Special Conditions can be negotiated with the Director in advance as issues arise.

District Profile SN Director: James Keaten Phone: 919-384-5920 Email: james_keaten@dpsnc.net Address: 1817 Hamlin Road, Durham NC 27704

Warehouse Manager: Paul Johnson Phone: 984-278-2786 Email: paul_johnson@dpsnc.net Address: 808 Bacon Street, Durham NC 27703

SNS Finance Technician: Sonya Daniels Phone: 919-560-2000 Ext. 26232 Email: sonya_daniels@dpsnc.net Address: 1817 Hamlin Road, Durham NC 27704

Emergency Contact: Linden Thayer Phone: 919-384-5917 Email: linden_thayer@dpsnc.net Address: 1817 Hamlin Road, Durham NC 27704

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Average Usage

Level School Address

SY23-24

Average Daily Membership

Average Daily Lunch Participation

Average Daily Breakfast

Participation

Average Daily Snack

Participation

Average Daily Summer

Participation

0 - PreK 289 Whitted Pre-K

1210 Sawyer St.

27707 (delivery to

LMMS)

118 65 66 0 variable

1 - Elementa ry

304 Bethesda 2009 S. Miami Blvd.

27703

571 364 242 23 variable

1 - Elementa ry

308 Burton 1500 Mathison St.

27701

288 186 168 23 variable

1 - Elementa ry

310 Eastway 610 Alston Ave. 27701

381 304 231 51…