179-2627-284-DIST_RIGHTSIZE - Bid Advertisement.pdf

Durham Public Schools – RFP# 179-2627-284-DIST_RIGHTSIZE

Bidder: ______________________________________________________

Durham Public Schools

RFP# 179-2627-284-DIST_RIGHTSIZE

Attn: Amy Morris 511 Cleveland Street Durham, NC 27701

REQUEST FOR PROPOSALS NO:

RFP# 179-2627-284-DIST_RIGHTSIZE

Proposals Due: August 25, 2026 1:00pm

Direct all inquiries concerning this RFP to:

Attn: Amy Morris

All questions must be submitted via email no later than August 6, 2026 at 2pm

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:

Bids will be publicly opened on: August 25, 2026 2:00 pm

NOTE: Questions concerning the specifications in this Request for Proposals will be received until date and time listed above. ALL QUESTIONS MUST BE SUMITTED 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 on August 25, 2026 for furnishing and delivering the commodities/services described herein and then publicly opened.

Bids submitted via telegraph, facsimile (FAX) machine, telephone and electronic means, including but not limited to e-mail, 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) copies and one (1) electronic copy of your proposal. One copy must be marked original.

FOR DURHAM PUBLIC SCHOOLS USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by

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 proposal prior to submittal shall render 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).

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 August 6, 2026 at 2:00pm Eastern Standard Time. They must be sent via e-mail to: Dist.Purchasing@dpsnc.net. Please insert “Questions for bid RFP# 179-2627-284-DIST_RIGHTSIZE as the subject for the email.

Durham Public Schools will prepare responses to all written questions submitted and post an addendum to our DPS website https://www.dpsnc.net/page/bidding-and-rfps 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 our DPS website, https://www.dpsnc.net/page/bidding-and-rfps, 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.

If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance within the instructions in Section

1.1 PROPOSAL QUESTIONS. If Durham Public Schools determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. Durham Public Schools may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period. Other than through this process, Durham Public Schools rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by Durham Public Schools. Identification of objections or exceptions to Durham Public Schools terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected.

Contact with anyone working for or with Durham Public Schools regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor’s offer, at the State’s election.

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.

Mailing address for delivery of proposal & Office address for hand-delivery Durham Public Schools

RFP# 179-2627-284-DIST_RIGHTSIZE

Purchasing Department Attn: Amy Morris 511 Cleveland Street Durham, NC 27701

IMPORTANT NOTE: All proposals shall be 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.

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 submits 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).

d) Completed and accurate MWBE/HUB Affidavits with supporting documentation showing good faith efforts, which may include copies of email and other outreach to MWBE/HUB contractors, unless you are self-performing the work.

e) Completed Attachment C: Pricing Form.

f) Bid bond of at least 5% of bid amount are required for construction or repair projects in excess of $500,000.

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 institutions.

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

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 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 sub-contractor 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.

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 that 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 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 similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP.

Complete ATTACHMENT C: PRICING FORM and include in Proposal.

4.2 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.

4.3 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.

4.4 FINANCIAL STABILITY

Each Vendor shall certify it is financially stable by completing the ATTACHMENT D: 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.

4.5 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.

4.6 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

4.7 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, proceedings, 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.

4.8 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.

4.9 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 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 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 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 is 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 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.

6.0. SCOPE OF SERVICES

DISTRICTWIDE RIGHTSIZING & CONSOLIDATION FEASIBILITY STUDY

Introduction

Durham Public Schools is a public school district serving Durham County, North Carolina, and is one of the ten largest school districts in the state. The district serves approximately 30,000 students across 56 schools, including elementary, middle, high, specialty, and alternative schools, and employs approximately 5,000 teachers, administrators, and support staff.

Founded in 1992 through the merger of the Durham City and Durham County school systems, DPS is recognized for its diverse student population, commitment to equity, and wide range of academic offerings, including magnet programs, career and technical education, International Baccalaureate (IB), Advanced Placement (AP), and early college high schools.

The district is currently soliciting proposals from qualified consulting firms to conduct a comprehensive districtwide rightsizing and consolidation study. The selected firm will evaluate all district schools relative to enrollment projections, facility capacity utilization, attendance boundary optimization, operational efficiencies, and financial considerations. The selected firm will deliver a school consolidation feasibility study with actionable recommendations to optimize the District's footprint. The goal is to ensure equitable access to high-quality learning environments while maximizing operational efficiency in a rapidly growing urban/suburban landscape.

The District seeks an experienced partner capable of leading a transparent, data-driven, and community-engaged process that results in implementable recommendations for consideration by the Board of Education.

I. Project Description

The selected firm will be expected to deliver on four primary pillars:

A. Demographic & Enrollment Analysis: Assess and provide analysis of 10-year enrollment projections by grade level and geographic planning area.

Complete a district grade 10-year forecast using cohort survival method or other similar method. This forecast will incorporate an analysis of birth rates and external school choice options including charter, private, and home-school. Analysis will include housing trends (including multi-family developments in downtown Durham), and “capture rates” relative to private and charter school competition.

Complete small area (school, school boundary, and region) 10-year forecasts incorporating both cohort survival methods as well as housing trend analysis.

B. Capacity & Utilization Review: Audit the functional capacity of all existing K-12 facilities.

Create tables and maps that match enrollment forecasts with capacity in order to identify “hot spots”

(overcrowding) and “cold spots” (under-utilization).

C. Boundary Optimization: Develop redistricting scenarios that balance school populations.

Organizational models will include multiple options that prioritize minimizing travel time, maintaining neighborhood patterns, and prioritizing socioeconomic diversity.

D. Consolidation & Feasibility Study: Identify facilities where the cost of repair/operation exceeds the value of continued use.

• Provide a cost-benefit analysis for consolidating smaller or aging schools into modernized, larger hubs.

E. School Choice Analysis: Analyze factors related to internal school choice within DPS and student opt-out from DPS in order to inform student assignment strategies that can increase district enrollment while balancing demographics over the medium term.

Create a model that measures the propensity of different students to select a neighborhood DPS school, choice

DPS program, or external choice program.

Based on this model, analyze the likely impacts on enrollment and diversity of different student assignment strategies, including changing school boundaries, restricting choice seats, or opening up new choice seats in the district.

II. Consultant Team

RFP responses will include a comprehensive listing of team members needed to address the specific components of this project. Prospective team and individuals identified are expected to demonstrate experience as follows:

Experience conducting school district rightsizing, consolidation, and long-term facilities planning studies Experience in educational facility planning Experience with demographic forecasting GIS and spatial analysis capabilities Financial and operational analysis capabilities Public engagement and facilitation expertise Successful completion of comparable projects for K12 public school districts (NC public school experience preferred)

III. Deliverables A. Baseline Report: Current state of all DPS facilities and 10-year growth forecasts, including:

Enrollment and demographic analysis Facility utilization report Facility conditions findings Current financial and operational analysis

B. Scenario Models: Provide a minimum of three (3) distinct boundary/consolidation models with pros/cons for each.

C. Financial Impact Statement: Estimate savings from consolidations vs. capital costs for new builds or expansions.

D. Community Engagement: Develop and implement a comprehensive engagement plan that promotes transparency and meaningful participation, including town halls and stakeholder surveys to gather feedback on proposed changes.

E. Rightsizing & Consolidation Plan: Prepare a final set of recommendations that includes:

Preferred rightsizing strategy Recommended consolidation plan Attendance boundary recommendations Implementation schedule Estimated capital costs Estimated operational savings Change management considerations Short-, medium-, and long-term implementation priorities

Provide recommendations that are financially feasible and meet the instructional goals of DPS.

F. Documentation: Digital copies of all reports, maps, GIS files, spreadsheets, and supporting data.

IV. Proposal Requirements Interested firms shall include the following in their submission:

• Firm Qualifications: Firm experience with K12 rightsizing and consolidation studies. Evidence of similar projects for large, diverse urban districts (NC experience preferred). Provide years in business, organizational structure, and key personnel. Include team members’ experience with similar projects.

• Methodology: Describe methodology, data analysis process (including a detailed explanation of the software and data sets used for modeling), community engagement approach, and scenario development process.

• Project Timeline: Provide a detailed timeline and delivery schedule.

• Relevant Experience: Provide at least 3 comparable K12 projects, including district name, project description, outcomes achieved, and contact information.

• Fee Proposal: Provide a clear and transparent fee structure that includes a ‘not-to-exceed’ amount.

V. Evaluation Criteria

Each team responding to this RFP will be evaluated based on the qualifications and experience of the proposed team and perceived demonstrated ability to meet the expectations of the project. After evaluating the responses to this RFP, a Selection Committee will determine a shortlist that it considers to be the most qualified. Selection will be based on the proposals presented and based on the evaluation criteria listed below.

Criteria Weight Technical Approach & Methodology 30% Experience with Similar K12 Districts, Key Team Member 20% Stakeholder Engagement & Communication 25% Timeline 15% Cost Proposal 10%

VI. Submission Instructions

Submissions are limited to twenty-five (25) pages in total, including all content on front and back sides.

One (1) bound 8.5”x11” hardcopy and one (1) electronic of this RFP submittal shall be sent to:

Devan Mitchell Senior Executive Director – Building Services Durham Public Schools 1817 Hamlin Road Durham, NC 27704 devan_mitchell@dpsnc.net

RE: Proposal – District Rightsizing & Consolidation Study

The electronic submission should consist of a single optimized PDF file, delivered on a flash drive. File size must not exceed 25 MB. Communications with the District about this RFP must be directed exclusively to the primary point of contact listed above.

Submissions are due August 25, 2026 by 1:00 p.m. EDT

VII. Project Schedule The selection schedule shown below represents DPS’s best estimate of time required to solicit and award. DPS reserves the right to make adjustments to the schedule as required. Notice of any change in schedule will be communicated via addendum.

Date

Issue RFP July 20, 2026

Deadline for Questions August 6, 2026 @ 2:00 pm

Response to Questions August 12, 2026

Consultant Bid Proposals Due August 25, 2026 @ 1:00 pm

Bid Opening August 25. 2026 @ 2:00 pm

Shortlist Notification August 31, 2026

Presentations / Interviews September 3-4, 2026

Board Approval September 24, 2026

Contract Preparation / Notice to Proceed October 14, 2026

VIII. Questions and Requests for Clarification It is the responsibility of each respondent to examine the entire document, seek clarification in writing, and review the submittal for accuracy before submitting the document. Once the submittal deadline has passed, all submissions will be final. Questions around any aspect of the RFP, or the project, shall be submitted in writing (via email) to the DPS primary point of contact as noted above.

The deadline for submission of questions related to the RFP is August 6 at 2:00 p.m. EDT. All relevant questions and requests for clarification received by the District in writing prior to the deadline will be compiled, and answers will be distributed as an addendum to the original solicitation for services. Any proposal exceptions to the RFP requirements or requests for proposal deadline extensions must include the reason(s) for such a request. DPS reserves the right to approve or reject such requests as it deems necessary.

IX. District Rights

The District reserves the right to:

Reject any or all proposals Waive informalities or irregularities Negotiate scope and fees Cancel the solicitation at any time

ATTACHMENT A: INSTRUCTIONS TO VENDORS

1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document.

2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor’s sole responsibility to ensure delivery at the designated office by the designated time.

3. ACCEPTANCE AND REJECTION: Durham Public Schools reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, Durham Public Schools reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to Durham Public Schools, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of Durham Public Schools.

5. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected.

6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications in Sections 4 and 5 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT A: INSTRUCTIONS TO VENDORS; and (5) Vendor’s Proposal.

7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered.

Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision.

Proposals that do not comply with these requirements shall be subject to rejection without further consideration.

8. SUSTAINABILITY: To support the sustainability efforts of Durham Public Schools of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following:

Four copies of the proposal are to be submitted and printed double-sided.

All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30%.

Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable.

Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility.

9. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), Durham Public Schools invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

10. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. The “Principal Place of Business” is defined as that principal place from which the trade or business of the Vendor is directed or managed.

11. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible.

12. PROTEST PROCEDURES: When a Vendor wishes to protest a Contract resulting from this solicitation that is awarded by the Division of Purchase and Contract or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the Durham Public Schools, Office of Public Affairs, P. O. Box 30002, Durham, NC 27702. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party’s claims. Note:

Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.dpsnc.net/page/bidding-and-rfps. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519.

13. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns and the singular of any word or phrase shall be read to include the plural and vice versa.

14. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP.