Page: 1 BID No. 200-RECON-09142026-CR BIDDER:

Johnston County Public Schools

REQUEST FOR PROPOSALS NO.

200-RECON-09142026-CR

Purchasing Department

Award Notice will be given at the next scheduled board meeting in October

Contract Type: Leave Blank

Refer ALL Inquiries to:

Purchasing Department

Telephone No: (919) 934-6032 Ext. 8065

Commodity: Leave Blank

E-Mail: purchasing@johnston.k12.nc.us

Using Agency Name:

Johnston County Public Schools

(Bids must be submitted via email.)

BACKGROUND

Johnston County Public Schools (JCPS) is seeking proposals for Football Helmet Reconditioning by a NOCSAE approved vendor for a 3-year service agreement. The district estimates 1,000-1,750 helmets annually reconditioned and 3,000-5,000 over the 3 reconditioning cycles.

NOTICE TO BIDDERS

All bids are required to be sent via email received by Johnston County Public Schools Purchasing Department, purchasing@johnston.k12.nc.us, subject line must reference: PROPOSAL RFP No. 200-RECON-09142026-CR, submit bids no later than Monday September 14, 2026 at 12:00PM (local time).

Bids must be submitted via email in response to this Request for Proposals. The subject line must reference RFP No.

200-RECON-09142026-CR and bid must be in PDF Format sent via email. RFP No. 200-RECON-09142026-CR should be indicated on proposals sent in via email to purchasing@johnston.k12.nc.us

Bidder Questions

All questions concerning this RFP, or any request for additional data or information must be submitted in writing via email to the purchasing department by emailing purchasing@johnston.k12.nc.us, subject line must reference QUESTIONS RFP No. 200-RECON-09142026-CR. Responses to these questions will be answered within 24 hours and provided via this

LINK.

mailto:purchasing@johnston.k12.nc.us mailto:purchasing@johnston.k12.nc.us https://docs.google.com/document/d/1zgePbet74QOqcoh7Jlox8dIiJmNQ2Xl1sj7Bkot2EBo/edit?usp=sharing

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ANTICIPATED TIMETABLE

Event Responsibility Date & Time

Post RFP JCPS September 8, 2026

Submit Written Questions to the Purchasing Department, purchasing@johnston.k12.nc.us

Vendor Questions may be submitted up until the bid deadline

Provide Responses to Questions at this Link

JCPS Questions will be answered within 24 hours of being received

Submit Bids Vendor 12pm on September 14, 2026

Award Notice JCPS Board Meeting on October 13, 2026

BIDDER’S LIST

Johnston County Public Schools desires to provide opportunities to responsible suppliers to do business with the school system. This list is used to develop a mailing list for distribution of specifications, invitations to bid, and notice of other competitive purchasing processes. If you wish to be added to JCPS Bidder’s list please fill out the form linked here and submit it via email to purchasing@johnston.k12.nc.us.

https://docs.google.com/document/d/1zgePbet74QOqcoh7Jlox8dIiJmNQ2Xl1sj7Bkot2EBo/edit?usp=sharing https://docs.google.com/document/d/157VRcVkXI23mSuuQ19AO0XfDKn0Tmi5E3d34SkSyT24/copy?usp=sharing

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EXECUTION

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned 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 bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54), that none of our 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 we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

This submission is an attestation that the entity providing this response is in compliance with state and federal conflicts of interest laws, including N.C.G.S. 14-234. Specifically, the entity attests that it is not owned by a Johnston County Board of Education member or the spouse of a JCBOE Board member with more than a 10% ownership interest or other interest in the entity such that, if selected, the entity would be a party to the contract, derive any income or commission directly from the contract, or acquire property under the contract.

Failure to execute/sign bid prior to submission shall render bid invalid. Late bids are not acceptable

BIDDER: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

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

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

HAS YOUR COMPANY BEEN DEBARRED, SUSPENDED EXCLUDED OR INELIGIBLE FROM DOING BUSINESS WITH EITHER THE STATE OR

FEDERAL GOVERNMENT? YES________ NO_________

TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

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RECONDITIONING QUOTE REQUEST & SPEC’S

Johnston County Public Schools 3-Year service agreement starting with 2026-2027 school year

These prices are agreed upon for the 2026-2027 fiscal year of Johnston County Public Schools through the 2028-2029 fiscal year encompassing reconditioning and details within this document post the fall 2026 through fall 2028 football seasons at the middle and high school level.

Expected helmets needed to be reconditioned will be between 1200-1750 helmets per year varying in initial manufacture date, brand, and type over three years with a total estimated number of 3,600-5,250 helmets.

Each reconditioner:

1. Must have “per occurrence based” product liability insurance of at least $10,000,000 and provide the school/district with a CURRENT copy of their insurance certificate and be able to list the school district as additionally insured on the certificate. A copy of the per occurrence based liability policy must be submitted with the bid. Any bids received without the policy attached will not be considered.

2. Must provide proof as a reconditioning company in good standing with NOCSAE and have the ability to properly recondition and mark helmets per NOCSAE standards

3. Must show proof that $100,000 or more in Riddell and Schutt helmet parts have been ordered for a period of one year or vendor must provide proof of authorized dealer/servicer status in good standing with Riddell, Schutt, Vicis, and Xenith, with uninterrupted access to parts.

4. Must have completed reconditioning for at least two school districts with 10 or more schools in the past year in the United States. Include a list showing at least 2.

5. Provide 2 school district references

Inflation/Escalation Consideration for Years 2 and 3: The vendor may adjust up to a maximum of 2.5% annually for years 2 and 3. This would be subject to documentation of manufacturer price increases and approval by the District Athletic Director prior to September of that year’s cycle.

Turnaround: Helmets should be scheduled for pick-up within three weeks of the school’s last contest. Helmets should return reconditioned by March 15th. Exception would be any high school that finishes in the 2nd round or later of the state playoffs and these schools would be due no later than April 1st that year.

HELMETS:

BASE PRICE / FLAT RATE OF $ __________ per helmet. The base price does INCLUDE all of the following:

- Disassemble and inspect

- Cleaning and sanitizing all helmets and parts

- Removing decals, awards, stripes, tape, adhesive residue and sand blast for proper finishing

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- Removing and reinstalling each face mask with stainless steel hardware, new cage straps and all new chin strap snaps and stud hardware

- Remove and replace all snap studs and hardware

- If not being painted, Buff, shine and wax the complete shell

- Buff and remove old paint and prime if helmets are to be painted

- Repainting, Wax and buff (Includes standard paint color. Other colors or schemes may be included at an additional fee - see additional paint section within document).

- Replace chin strap with hard cup manufactured recommendation per model

- Base price must include all interior part replacements necessary for recertification with no additional line-item charges for interior components

- Replace all worn out and/or damage liners as needed

- Replace jaw pads and other cushioning/shock absorbing substances as needed

- Replace any sizers, air liners, s-pads, z-pads, valves, sweatbands, etc. needed for the interior of the helmet to become recertified as needed

- The parts that are no longer usable are taken out of the helmet and will be replaced with new original manufacturer parts

- All helmets to be sized

- All helmets must be returned with a “born on date” or “initial manufacturer’s date” label on the back of the exterior of the shell.

- NOCSAE recertify all helmets, include appropriate stamp/sticker on each helmet signaling completion

- Warning labels affixed to interior and exterior of shell Exterior size sticker affixed to shell

- All shipping, transportation, and freight occurred during the reconditioning process including rejected helmets and parts

- Will come to each school and work with on-site staff to package and start the reconditioning process. This includes your staff complying with state laws and background check requirements of any individuals entering school campuses in North Carolina.

- The awardee is entirely responsible for the inventorying, packaging, and loading of all equipment. On-site JCPS staff will only be responsible for providing physical access to the equipment storage locations.

If non-standard painting is needed and agreed upon prior to reconditioning for that school year by the school, reconditioning representative and district athletic director, the following are paint options that can be chosen by the school at the agreed upon additional price below:

- Basic high gloss paint price $________

- High gloss paint with metal flake $ ________

- Michigan Wings or Ram horns painted $ ________

- Fade paint $ _________

- Flat paint $ _________

- Other paints including Anodized $_____________

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New chin straps attached - Chin strap charges:

d. List any premium chin strap options not covered under the base contract rate (Standard Hard Cups are included in the base price at $0.00)

a. ______________________________ $________

b. ______________________________ $________

c. ______________________________ $________

Face mask charges:

*** When replacing any face masks, NO re-dipped face masks are to be used. Only new manufactured face masks can be used. If new cage straps are needed, they will be included in the price.

a. Riddell Speed face masks – regular $ __________

b. Riddell Speed face masks – special $ _________

c. Riddell Speed Flex face masks – regular $ __________

d. Riddell Speed Flex face masks – special $ _________

e. Schutt F7 face masks – regular $ _________

f. Schutt F7 face masks – special $ __________

g. Schutt XP face masks $ __________

h. Xenith face masks $ __________

i. Vicis face masks $ ________

j. Light face masks $_______

**** If helmets have Riddell Quick Release hardware or QT Quarter turn hardware already on their helmets, they are to be included and re-installed at N/C when the face mask is re-attached to each helmet.

ALL REJECTED HELMETS, FACE MASKS AND INTERIOR PARTS TO BE RETURNED AND PLACED IN A SEPARATE BOX MARKED ACCORDINGLY to a centralized JCPS athletic location designated by the District Athletic Director.

FINAL INVOICING TO BE DONE WITHIN 15 DAYS OF WHEN EQUIPMENT HAS BEEN

DELIVERED.

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JCPS School List Attached:

1. Archer Lodge Middle

2. Benson Middle

3. Clayton High

4. Clayton Middle

5. Cleveland High

6. Cleveland Middle

7. Corinth Holders High

8. Four Oaks Middle

9. McGee's Crossroads Middle

10. Meadow

11. North Johnston High

12. North Johnston Middle

13. Princeton Middle-High

14. Riverwood Middle

15. Selma Middle

16. Smithfield Middle

17. Smithfield-Selma High

18. South Johnston High

19. Swift Creek Middle

20. West Johnston High

21. Wilson’s Mills High

Services, billing, and processes agreed upon further include:

The Awardee will not undertake to change or modify the design, construction, material, or fitness of the equipment.

Prices listed in this bid are to include transportation (both ways). Price is also to include insuring said equipment against loss or damage occurring in transit or while in Awardee(s) possession to the extent of the actual cash value of the same at the time of the loss or damage.

Company must be certified to recondition all major brands of football helmets. The awardee is responsible to inform JCPS if losing any credentials or equipment that would not allow them to fulfill this agreement within 30 days of occurring over the life of this three year term.

All protective football equipment shall be cleaned and sanitized in accordance with the original manufacturer's policies and procedures. Where the original manufacturer's procedures exceed the standards of the National Athletic Equipment Reconditioners Association, the original manufacturer's procedures will take precedence.

All providers agree that all work and parts are fully guaranteed and will not alter the warranty of the helmet in any way.

Any equipment unsafe for continued use and/or beyond economical repair shall be marked "Reject-unsafe for use" at the time of inspection.

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All equipment will be returned with packing labels indicating contents.

JCPS will not consider any reconditioner of helmets from any work who does not have, fully operational in their facility, helmet testing equipment approved by the NOCSAE.

NO SUB-CONTRACTING OF ANY PORTION OF THIS CONTRACT WILL BE ALLOWED.

All NOCSAE approved helmets are to have recertification labels indicating the date and vendor name affixed to the helmet shell interior. Further, all helmets shall have the "WARNING" label (approved by the NFSHSA, NCAA, and MANUFACTURERS) affixed to the helmet shell exterior.

All procedures, processes, repairs, and replacement parts shall be with the original manufacturer's parts and recommended procedures.

All face protectors will be removed, inspected and tested. All face protectors must meet current NFHS and NOCSAE safety standards, with zero exposed rusted metal or compromised protective coating.

All face protectors will be returned NOCSAE approved:

- No helmet will be reconditioned unless it is also recertified

- All companies shall include in the base price, the NOCSAE surcharge per helmet

- The vendor shall identify any rejected helmets currently covered under a manufacturer’s warranty, separate them, and assist JCPS staff in filing the warranty claim with the original manufacturer for replacement.

Any other repair or part replacement, which can be reasonably construed as a normal procedure associated with helmet reconditioning, must also be included in the flat rate. This includes repair or replacement of worn or defective parts, and replacement of missing parts, including but not limited to liners and jaw pads.

JOHNSTON COUNTY PUBLIC SCHOOLS WILL NOT BE RESPONSIBLE FOR ADDITIONAL

CHARGES NOT STATED IN QUOTE PROVIDED IN RESPONSE TO THIS REQUEST FOR

PROPOSALS.

Johnston County Public Schools is NOT Sales Tax Exempt please include sales tax in your bid.

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AWARD CRITERIA: As provided by statute, award will be based on the lowest and best bid most advantages to Johnston County Public Schools as determined by consideration of:

1. Prices offered.

2. Quality of assessments offered.

3. General reputation and performance capabilities of the bidder.

4. Conformity with specifications herein.

5. Suitability for Intended Use.

Johnston County Public Schools reserves the right to reject any and all proposals and discontinue the RFP process without obligation or liability to any potential vendor.

Johnston County Public Schools reserves the right to select the proposal(s) which in its sole judgment best meet the news, services and cost of JCPS.

Johnston County Public Schools reserves the right to accept or reject any one or more items of the proposal and/or waive any irregularities or informalities in any proposal or in the proposal process.

Johnston County Public Schools reserves the right to award more than one contract to one or more bidders if it is in the best interest of Johnston County Public Schools.

JCPS will make decisions regarding evaluation of the proposal. JCPS also reserves the right to judge and determine whether a request is compliant and has satisfactorily met the requirements of the RFP.

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TERMS AND CONDITIONS

6. READ, REVIEW AND COMPLY: It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.

NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Request for Proposal, the specifications. Johnston County Public Schools (“JCPS”) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

DEFINITIONS:

∙ BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to a Request for Proposal.

∙ TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only.

∙ OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

EXECUTION: Failure to sign under EXECUTION section will render bid invalid.

ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.

TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each bidder must submit with their bid descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

RECYCLING AND SOURCE REDUCTION: It is the policy of JCPS to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.

We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of JCPS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.

CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be made only by written addendum from JCPS Purchasing Department. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

ACCEPTANCE AND REJECTION: JCPS reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

REFERENCES: JCPS reserves the right to require a list of users of the exact item offered. JCPS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to JCPS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services

Page: 11 needed; the date or dates of delivery and performance; and such other factors deemed by JCPS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by JCPS or the bidder, JCPS reserves the right to accept any item or group of items on a multi-item bid. JCPS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, JCPS reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by JCPS to be pertinent or peculiar to the purchase in question.

CONFIDENTIAL INFORMATION: As provided by statute and rule, JCPS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become JCPS property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

AWARD PROCEDURES: Contract award notice shall be posted on JCPS website. Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation.

ANTI-NEPOTISM: The Bidder warrants that, to the best of its knowledge and in the exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees who will directly provide services under this Contract are immediate family members of any member of the Johnston County Public Schools Board of Education or of any principal or central office staff administrator employed by the Owner. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should the Bidder become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, the Bidder shall immediately disclose the family relationship in writing to JCPS. Unless formally waived by JCPS, the existence of a family relationship covered by this Contract is grounds for immediate termination by JCPS without further financial liability to the Bidder.

DEFAULT AND PERFORMANCE BOND: In case of default by the Bidder, JCPS may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. JCPS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to JCPS.

GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Bidder to notify in writing JCPS, indicating the specific regulation which required such alterations. JCPS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

TAXES: Any applicable taxes shall be included. G.S. 143-59.1 bars the JCPS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.

SITUS: The place of this contract, its situs and forum, shall be Johnston County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.

GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

INSPECTION AT BIDDER’S SITE: JCPS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a Bidder prior to contract award, and during the contract term as necessary for JCPS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Payment may be made by procurement card and it shall be accepted by the Bidder for payment if the Bidder accepts that card (Visa, Mastercard, etc.) or check from other customers.

CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

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STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

PATENT: The Bidder shall hold and save JCPS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by JCPS or disclosure of any information pursuant to the NC Public Records Act.

ASSIGNMENT: No assignment of the Bidder’s obligations nor the Bidder’s right to receive payment hereunder shall be permitted.

However, upon written request approved by the purchasing department and solely as a convenience to the Bidder, JCPS may:

a. Forward the Bidder’s payment check directly to any person or entity designated by the Bidder, and

b. Include any person or entity designated by Bidder as a joint payee on the Bidder’s payment check.

In no event shall such approval and action obligate JCPS to anyone other than the Bidder and the Bidder shall remain responsible for fulfillment of all contract obligations.

INSURANCE:

k. Worker's Compensation including Occupational Disease and Employer's Liability Insurance. Statutory - Amount and coverage as required by State of North Carolina Workers Compensation laws. Employer's Liability - At least

Part A Bodily Injury Statutory Limits Part B By Accident $500,000 each accident By Disease $500,000 policy limit $500,000 each employee

l. Public liability and Property Damage Insurance - The Bidder shall procure insurance coverage for direct operations, contractual liability and completed operations with limits not less than those stated below:

Occurrence:

General Aggregate $2,000,000 Premises Operations $1,000,000 Personal & Advertising Injury $1,000,000

c. Comprehensive Automobile Liability Insurance, including coverage for owned, hired and non-owned vehicles: A

Combined Single Limit for bodily injury and property damage limit of not less than $1,000,000; and $2,000 medical payments.

e. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.

These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the Owner, and that the Johnston County Public Schools Board of Education is listed as additional insured on general liability.

The successful bidder agrees to hold harmless and indemnify the JCPS Board of Education for any liability that may arise from the negligent or illegal acts of the bidder’s employees or agents.

GENERAL INDEMNITY: The Bidder shall hold and save JCPS, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Bidder in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Bidder. The Bidder represents and warrants that it shall make no claim of any kind or nature against JCPS agents who are involved in the delivery or processing of Bidder goods to JCPS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.

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QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases there under.

PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the Bidder to other customers.

a. Notification: Must be given to JCPS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by a copy of the manufacturer's official notice or other acceptable evidence that the change is general in nature.

b. Decreases: JCPS shall receive full proportionate benefit immediately at any time during the contract period.

c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with JCPS reserving the right to accept or reject the increase, or cancel the contract.

Such action by JCPS shall occur not later than 15 days after the receipt by JCPS of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

INVOICES: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Bidder shall conduct at its own expense sexual offender registry checks on each of its employees, agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Bidder’s convenience only, all of the required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Bidder shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods. The Bidder shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Contract shall not satisfy this contractual obligation). In addition, Bidder agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Contract. Bidder further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. Bidder shall not assign any individual to deliver goods or provide services pursuant to this Contract if said individual appears on any of the listed registries. Bidder agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Bidder specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Contract. In addition, the school system may conduct additional criminal records checks at Bidder’s expense. If the school system exercises this right to conduct additional criminal records checks, Bidder agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Contract. Bidder further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Contract. JCPS reserves the right to prohibit any contractual personnel of Bidder from delivering goods or providing services under this Contract if JCPS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others.

ACCESS TO PERSONS AND RECORDS: JCPS auditors shall have access to any records as a result of this bid or the Contract.

JCPS may audit the records of the Bidder during the term of the Contract to verify accounts and data affecting fees or performance.

COMPLIANCE WITH E-VERIFY: Bidder shall comply with all applicable laws and regulations in providing services under this Contract. In particular, Bidder shall not employ any individuals to provide services to the School System who are not authorized by federal law to work in the United States. Bidder represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Contract. Bidder shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Contract.

COMPLIANCE WITH AFFORDABLE CARE ACT: Bidder is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

RESTRICTED COMPANIES LIST: Bidder certifies that as of the date of this Contract, Bidder is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Bidder also represents

Page: 14 that as of the date of this Contract, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.

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JCPS Purchasing Department Ethics Policy and Standards of Conduct

All purchasing department employees conducting business transactions on the behalf of the Johnston County Public Schools hold positions of public trust which dictates that their actions be governed by the highest standards of personal and business conduct. Each employee must exhibit the highest standards of honesty, integrity, and fairness when engaging in any activity concerning the school system, particularly in relationships with vendors, suppliers, the public and other employees.

Employees shall perform their jobs in a competent and ethical manner without violating the public trust or applicable law, policies, and regulations.

Conflict of Interest:

The following acts are deemed by state law and/or the Board of Education to be in conflict with the interests of the Johnston County Public Schools.

1. An employee shall not, for personal financial gain, solicit or sell or have any pecuniary (financial) interest in the supplying of any goods, wares, merchandise materials, supplies, services, or equipment to the Johnston County Public Schools System. Approved extended employment shall not be a violation of this.

2. An employee shall not, for personal financial gain, solicit or sell or have any pecuniary (financial) interest in the sale of any goods, wares, merchandise, materials, supplies, equipment, or services to students or employees of this school system at school, on school premises, or any Johnston County Public Schools facility.

3. An employee shall not act as an agent for any manufacturer, merchant, dealer, publisher, or author seeking to sell any goods, wares, merchandise, materials, supplies, services, or equipment to the Johnston County Public Schools.

4. An employee shall not receive or accept any gift, reward, gratuity, or other compensation from any manufacturer, merchant, dealer, publisher, or author for influencing or recommending to the school system or any school that it use a seller’s goods, wares, merchandise, materials, supplies, services, or equipment.

An employee shall not use for personal financial gain, any school facilities, supplies, equipment, or student labor (student labor during regular school hours), in the manufacture, creation, or repair of any goods, wares, or merchandise for sale, or for the providing of services to the general public. However, this provision shall not prohibit the renting of school facilities to school employees in accordance with Community Schools’ policies and regulations. 6. Except as allowed by state law (N.C.G.S. §§14-234, 143-58.1), no employee shall use the powers, policies, and procedures of the State’s Division of Purchase and Contract or the school system’s Purchasing Division to purchase or procure any property or service for private use or benefit.

Nepotism:

No employee shall approve any contract with or purchase any goods or services from any immediate family member without disclosure to and approval of the Chief Business Officer. In addition, no employee shall recommend the employment of or directly supervise or evaluate any immediate family member without disclosure to and approval of the Assistant Superintendent of Human Resources. Immediate family includes employee’s spouse, parents, children, stepchildren, brothers, sisters, mother-in-law, father-in-law, sons-in-law, daughters- in-law, brothers-in-law, and sisters-in-law. In addition, for the purpose of this regulation, anyone living in the same household with the employee is considered a member of the immediate family. , internal auditors, external audit firm (contracted to perform the annual audit), or any persons authorized by the Superintendent or the Finance Officer to receive it.

Gifts to Employees:

School system employees shall not accept any gifts except token gifts of insubstantial value. School system employees shall not accept any gift, reward, gratuity, or other compensation from any manufacturer, merchant, dealer, publisher, or author for the purpose of influencing or recommending to the school system or any school the use of a seller’s goods, wares, merchandise, materials, supplies, services, or equipment. Refer to Policy: 3243/4243

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JOHNSTON COUNTY PUBLIC SCHOOLS BID PROTEST PROCEDURE

Regulation Code: 6420-R2 Johnston County Public Schools Bid Protest Procedure

Purpose

To ensure fairness and to promote open competition, Johnston County Public Schools shall be consistent in responding to an offeror’s protest over contract awards.

Procedure

Any party which is a prospective bidder, offeror, or contractor that may be aggrieved by the award of a contract, must submit a written request for a protest meeting within thirty (30) calendar days after award of contract. Request for Bid, Request for Proposals in accordance with 01 NCAC 05B .1519 Protest Procedures.

The protest must be addressed to the Director of Purchasing and must include all the following information:

1. Name, address, telephone number, facsimile number and e-mail of the protester.

2. Signature of the protester or authorized agent.

3. The bid name and number.

4. A detailed statement of the legal and factual grounds of protest including copies of relevant documents.

5. Any supporting exhibits, evidence, or documents to substantiate any claims.

6. All information establishing that the protester is an interested party for the purpose of filing a protest.

7. The form of relief requested

After careful consideration of all relevant information the Director of Purchasing shall make a written decision within 10 calendar days of receipt of the request or schedule a meeting within 30 calendar days of the contract award.

Any and all costs incurred by a protesting party in connection with a protest shall be the sole responsibility of the protesting party.

http://reports.oah.state.nc.us/ncac/title%2001%20-%20administration/chapter%2005%20-%20purchase%20and%20contract/subchapter%20b/01%20ncac%2005b%20.1519.html

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JOHNSTON COUNTY BOARD OF EDUCATION

STANDARD CONTRACT TERMS AND CONDITIONS

Last Updated: March 31, 2023

1. Acceptance. Contractor's acknowledgment of the terms of this Contract or of any applicable Purchase Order, or Contractor’s shipment or performance of any part of a Purchase Order, constitutes an agreement to comply with all terms and conditions set forth or referenced (i) in the Vendor Contract for Goods and/or Services, (ii) in the Standard Contract Terms and Conditions herein, (iii) on any attachments thereto, (iv) in any applicable solicitation documentation related to this Contract (including without limitation any request for proposals or invitation for bids or Contractor's response thereto) that deal with the same subject matter as this Contract, and (v) in any other terms and conditions of a written agreement signed by Contractor and the Johnston County Board of Education (“JCBOE”) that deals with the same subject matter as this Contract (collectively, the "Contract Documents"). The terms and provisions set forth in the Contract Documents shall constitute the entire agreement between Contractor and JCBOE with respect to the purchase by JCBOE of the (i) goods ("Goods") and/or (ii) services provided or work performed ("Services") as described in the Contract Documents. The agreements set forth in the Contract Documents are sometimes referred to herein as the "Contract." In the event of any conflict between any terms and conditions of the Contract Documents, the terms and conditions most favorable to JCBOE shall control. No additional or supplemental provision or provisions in variance herewith that may appear in Contractor's quotation, acknowledgment, invoice or in any other communication from Contractor to JCBOE shall be deemed accepted by or binding on JCBOE. JCBOE hereby expressly rejects all such provisions which supplement, modify or otherwise vary from the terms of the Contract Documents, and such provisions are superseded by the terms and conditions stated in the Contract Documents, unless and until JCBOE's authorized representatives expressly assent, in writing, to such provisions. Stenographic and clerical errors and omissions by JCBOE are subject to correction.

2. Quantities. Shipments must equal exact amounts ordered unless otherwise agreed in writing by JCBOE. The award of a term contract neither implies nor guarantees any minimum or maximum purchases.

3. Prices. If Contractor's price or the regular market price of any of the Goods or Services covered hereunder is lower than the price stated in the Contract Documents on the date of shipment of such Goods or Services, Contractor agrees to give JCBOE the benefit of such lower price on any such Goods or Services. In no event shall Contractor's price be higher than the price last quoted or last charged to JCBOE unless otherwise agreed in writing. No charges for transportation, boxing, crating, etc. are allowable unless such charges are included in the Contract Documents. Should the Contract Documents include any provision allowing an increase in the contract price due to external conditions, Contractor shall inform JCBOE of such change and JCBOE shall have the right to terminate the Contract if desired.

4. Price Adjustments (term contracts only). Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the Contractor to other customers. a. Notification: Must be given to JCBOE in writing concerning any proposed price adjustments. Such notification shall be

Page: 18 accompanied by a copy of manufacturer's official notice or other acceptable evidence that the change is general in nature. b. Decreases: JCBOE shall receive full proportionate benefit immediately at any time during the contract period. c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the Contract. After this period, a request for increase may be submitted with JCBOE reserving the right to accept or reject the increase, or cancel the Contract. Such action by JCBOE shall occur not later than 15 days after the receipt by JCBOE of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

5. Invoices. It is understood and agreed that orders will be shipped at the established Contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the Contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item. Invoices shalt be sent to JCBOE's accounts payable department with a copy to the JCBOE Project Coordinator.

6. Freight on Board. All shipments of Goods are freight on board destination unless otherwise stated in the Contract Documents.

7. Taxes.