2024-RFP for ELA 6-12 (3).docx

HERTFORD COUNTY PUBLIC SCHOOLS

Request for Proposals RFP# HCPS_ELA_32824

ENGLISH LANGUAGE ARTS CURRICULUM 6-12

NOTICE TO BIDDERS

Bids, subject to the conditions made a part hereof, will be received by hard copy until 2:00 PM EST on the day of April 15, 2024, for furnishing and delivering the commodity as described herein. Bids submitted via facsimile (FAX) machine in response to this Invitation for Bid will not be accepted.

EXECUTION

In compliance with this Request for Proposals (RFP), 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 bid, the undersigned Vendor certifies that this bid 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 bid, 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.

Failure to execute/sign bid prior to submission shall render bid invalid and it WILL BE REJECTED. Late bids will not be accepted.

Please complete and submit with your proposal. Offer valid for 60 days from date of bid opening, unless otherwise stated. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

1.0 PURPOSE AND BACKGROUND

Hertford County Public Schools (HCPS) is seeking proposals from qualified vendors to provide NC Standards Aligned English Language Arts Curriculum for grades 6-12. Curriculum must include free standing teacher-led lessons and must also demonstrate outcomes related to the district’s prioritization of SEL as a lever for equity (as evidenced by outcomes around student and/or adult growth, climate and culture priorities, equity growth, etc.). The anticipated start date is July 1, 2024.

2.0 GENERAL INFORMATION

This RFP consists of the base bid document, any attachments, hard copy of all material, 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. Bids shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

TAXES

Hertford County Public Schools is NOT tax-exempt. Unless otherwise indicated, tax must be computed and added to your bid. Any itemized shipping charges are also subject to tax. When invoiced, tax should be invoiced as a separate line item.

MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE (MWBE)

The Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, 168A-3. HCPS Board of Education promotes full and equal access to business opportunities with Hertford County Public Schools. Minority businesses are encouraged to submit bids for this project. All vendors shall have a fair and reasonable opportunity to participate in HCPS business opportunities.

INSURANCE

Certificate does not need to be included with proposal, but upon award must be submitted.

Certificate of Insurance Each vendor shall furnish HCPS a certificate of insurance showing that the required workmen's compensation and public liability insurance are carried by the Contractor. The certificate of insurance should show that it is issued to or at the request of the Hertford County Board of Education, Winton, North Carolina. All insurance carriers shall be licensed to do business in North Carolina or approved to issue insurance coverage by the Commission of Insurance of North Carolina.

The certificate of insurance shall include substantially the following provision: The insurance policies to which this certificate refers shall not be altered or canceled until after ten (10) days' written notice of such cancellation or alteration has been sent by certified mail to the Hertford County Board of Education, Winton, North Carolina.

Public Liability Insurance The vendor shall maintain public liability insurance covering his liability for bodily injury and property damage which may arise from his operations, contractual obligations, products and completed operations, as well as operations performed by independent contractors, in not less than the following amounts:

1.A combined single limit (CSL) of $1,000,000 each occurrence, or 2.A $1,000,000 limit for Bodily Injury Liability, and $1,000,000 limit for Property Damage Liability.

An occurrence form of policy will be required, and the certificate of insurance submitted by the Contractor must be personally signed by a resident licensed agent of each of the companies listed on that form.

Worker's Compensation Insurance The Contractor shall maintain during the life of his contract all such workmen's compensation insurance as is or may be required by the laws of North Carolina.

Terms and Conditions It shall be the vendor’s responsibility to read the instructions, 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 relating to this RFP.

All bidders are hereby notified that they must have the proper license as required under the North Carolina laws. The award of a contract under this solicitation may be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of the funding award. All prospective contractors shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. In addition, contractors providing submittals shall be responsible for complying with state law and local ordinances.

3.0 SPECIFIC INFORMATION

PRE-BID CONFERENCE.

There will not be a pre-bid conference for this project

BID QUESTIONS

Upon review of the RFP documents, vendors may have questions to clarify or interpret the RFP to submit the best bid possible. To accommodate the bid questions process, vendors shall submit any such questions byApril 08, 2024, 2PM EST. Answers in the form of an Addendum will be posted no later than April 10, 2024, by 2:00PM per information below:

Instructions:

Written questions shall be emailed to Brenda Pate, bpate@hertford.k12.nc.us by the date and time specified above. Vendors will enter “RFP #HCPS_ELA_32824 Questions” as the subject for the email. Question submittals will include a reference to the applicable RFP section and be submitted in a format shown below:

Questions received prior to the submission deadline date, HCPS’ response, and any additional terms deemed necessary by HCPS will be posted in the form of an addendum. No information, instruction or advice provided orally or informally by any HCPS personnel, whether made in response to a question or otherwise regarding this RFP, shall be considered authoritative or binding. Vendors shall be entitled to rely only on written material contained in an addendum to this RFP. Addendums are posted at https://www.hertford.k12.nc.us/

BID SUBMITTAL

One electronic copy of your Proposal shall be emailed to bpate@hertford.k12.nc.us, subject to the conditions made a part hereof and the receipt requirements described below, One hard copy shall be received at the address indicated below, as described herein. One (1) Original and three additional copies should be addressed in an envelope with the RFP number as shown below: It is the responsibility of the bidder to have the bid in the Hertford County Public Schools Purchasing office.

Bids shall be marked on the outside of the sealed envelope with the Vendor’s name, bid number and date and time of opening. If the Vendor is submitting more than one bid, each bid shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed bids from a single Vendor may be included in the same outer package. Must include printed textbook materials.

Attempts to submit a bid via facsimile (FAX) machine or telephone, in response to this Request for Proposals will not be accepted. Bids are subject to rejection unless submitted with the information above included on the outside of the sealed bid package.

MAILING INSTRUCTIONS

DELIVERED BY US POSTAL SERVICE OR ANY OTHER MEANS:

RFP No. HCPS_ELA_32824 Attn: Brenda Pate 701 N. Martin Street Winton, NC 27986

BRAND NAME

Unless otherwise indicated, manufacturer names and model numbers specified are used for purposes of identifying and establishing general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. The specifications following are the minimum acceptable by Hertford County Public Schools. Any deviations from the specifications shall be so stated in writing in the bidder’s response. Please include in your response manufacturers’ model numbers along with prices of items offered. Submit complete descriptive literature and specifications on all items offered. Bids which fail to comply may be subject to rejection.

REFERENCES

Hertford County Public Schools reserves the right to require upon request a list of references from other school districts or similar service agencies for which the company has provided the services or goods solicited in this RFP. HCPS may contact these users to determine quality level. Such information may be considered in the evaluation of the bid.

WARRANTY

The vendor warrants to the owner that all equipment furnished under these specifications will be new, of good material and workmanship, and agrees to replace promptly any part or parts which by reason of defective material or workmanship shall fail under normal use, free of negligence or accident, for a minimum period of 12 months from date put in operation. Such replacement shall include all parts, labor, and transportation cost to the location where equipment is down, free of any charge to the owner or his representative.

If applicable, please be sure to describe your best warranty offering, any special training or special benefits at no charge that may be available, and any unique benefits you may offer. Award may be determined by best value analysis—not necessarily the lowest price received.

TRANSPORTATION CHARGES

Free on board (FOB) to designated sites in Hertford County, NC, with all transportation charges prepaid and included in the bid price.

4.0 AWARD AND BID EVALUATION

REVIEW AND AWARD

It is the intent of Hertford County Public Schools (HCPS) to award this Request for Proposals to the responsible bidder(s) who best matches the needs of Hertford County Public Schools. Hertford County Public Schools reserves the right to reject any or all bids presented and to waive any informalities and irregularities. Award of this bid may be in whole or in part as deemed to be in the best interest of HCPS. All projects are awarded contingent upon funding. No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 120 days.

REQUEST FOR PROPOSAL STATEMENT

Through this Request for Proposal, Hertford County Public Schools (HCPS) is seeking high-quality, standards-aligned instructional materials to support the HCPS core curriculum for the following grade levels and content areas:

Grades 6-12 English Language Arts More specifically, Hertford County Public Schools is seeking high quality, standards-aligned core curriculum materials that develop students' literacy and understanding of English language arts for grades six through twelve.

SPECIFICATIONS

Vendor shall review the Specifications included in Section SPECIFICATIONS and may utilize ATTACHMENT D: Vendor Response Template (Rating sheet) to describe their proposed approach or ability to meet or exceed each specification or requirement. Vendor’s responses shall be complete and comprehensive with a corresponding emphasis on being concise and clear. Vendor may include additional materials in a separate appendix in their offer and reference these additional materials in the applicable response below. Vendor shall not add or delete rows in the ATTACHMENT D: Vendor Response Template, or change the order of the rows in the table.

Vendors are cautioned that all responses must be organized, identifiable and readily accessible. A template is provided for use in ATTACHMENT D but any additional information should reflect identifiable language and be accessible and organized.

ENGLISH LANGUAGE ARTS NON-NEGOTIABLES

ATTACHMENT D

PLEASE RETURN THIS PAGE WITH YOUR RESPONSE:

Middle (6-8)

Texts, tasks, assessments, and supporting materials

· support realistic life applications of literacy skills encompassed in the NCSCOS for Literacy/ELA

· provide opportunities for deep academic discourse about texts

· foster writing to deepen understanding and demonstrate mastery of the NCSCOS

· guide students to reading, writing, thinking, speaking, and listening skills that are Career and College Ready

Fiction and nonfiction texts acknowledge and affirm diverse identities, cultures, ethnicities, and religions represented in HCPS with

· meaningful context

· contemporary perspectives

· representative voices

· conceptual connections across multiple texts

Selection of texts offers a wide range of enduring fiction, informational texts and literary nonfiction beyond the literary canon and white colonial primary sources

At least 75% of all texts and curricular supporting materials are available digitally to students, teachers, administrators, and parents

High (9-12)

Texts, tasks, assessments, and supporting materials

· support realistic life applications of literacy skills encompassed in the NCSCOS for Literacy/ELA

· provide opportunities for deep academic discourse about texts

· foster writing to deepen understanding and demonstrate mastery of the NCSCOS

· guide students to reading, writing, thinking, speaking, and listening skills that are Career and College Ready

Fiction and nonfiction texts acknowledge and affirm diverse identities, cultures, ethnicities, and religions represented in HCPS with

· meaningful context

· contemporary perspectives

· representative voices

· conceptual connections across multiple texts

Selection of texts offers a wide range of enduring fiction, informational texts and literary nonfiction beyond the literary canon and white colonial primary sources

At least 75% of all texts and curricular supporting materials are available digitally to students, teachers, administrators, and parents

ENGLISH LANGUAGE ARTS ALIGNMENT

Middle (6-8)

Texts, tasks, assessments, and supporting materials

· are appropriately complex for each respective grade level

· include questions and tasks which require students to cite textual evidence

· offer developmentally appropriate global connections

· Provide opportunities for students to read deeply to build knowledge about core content, current issues, and engaging topics

Texts and instructional materials demonstrate clear vertical alignment with a range of texts for each appropriate grade band, student centered instructional strategies, and tasks which address the integration of skills and standards necessary for Career and College Ready Literacy outcomes

Texts offer a wide range of stimulus and mentor texts to support aligned instruction of all reading, writing, listening, speaking, and language standards in the NCSCOS

Shorter texts,poems, longer texts, and full length books contain excerpts worthy of rereading and close examination are included in the range of texts available for classroom selection and student self-selected reading

Informational texts, literary nonfiction, and primary sources are included to offer connections to contemporary issues, provide meaningful context for analysis, and explore concepts across disciplines

The range and variety of texts offers connections across multiple texts with transversal concepts and engaging issues to support concept based planning in classrooms and across grade/course PLCs.

Materials focus on forming arguments as well as informative writing which is responsive to the needs of the audience and the particulars of the text in question

Materials provide instructional guidance for writing workshop to include-

· Mini-lessons

· sentence writing & combining

· paragraph writing

· the writing process

· interactive writing

· shared writing

· individual writing

· language and conventions instruction

Students are given extensive practice with short, focused research/inquiry tasks

Supporting curriculum materials must provide evidence based teaching and learning supports for ELL and EC learners to access grade level appropriate texts and tasks

Materials use multimedia and technology to deepen attention to evidence and texts and engage students as 21st century learners.

Supporting curriculum materials must provide evidence based teaching and learning for gifted, advanced, on level, and struggling learners

Text selections include extensive opportunities for students to encounter grade-level text to increase academic vocabulary, support complex tasks, and foster rich discourse

Texts, tasks, assessments, and supporting materials

· are appropriately complex for each respective grade level

· include questions and tasks which require students to cite textual evidence

· offer developmentally appropriate global connections

· provide opportunities for students to read deeply to build knowledge about core content, current issues, and engaging topics

Texts and instructional materials demonstrate clear vertical alignment with a range of texts for each appropriate grade band, student centered instructional strategies, and tasks which address the integration of skills and standards necessary for Career and College Ready Literacy outcomes

Texts offer a wide range of stimulus and mentor texts to support aligned instruction of all reading, writing, listening, speaking, and language standards in the NCSCOS

Shorter texts,poems, longer texts, and full length books which contain excerpts worthy of rereading and close examination are included in the range of texts available for classroom selection and student self-selected reading

Informational texts, literary nonfiction, and primary sources are included to offer connections to contemporary issues, provide meaningful context for analysis, and explore concepts across disciplines

The range and variety of texts offers connections across multiple texts with transversal concepts and engaging issues to support concept based planning in classrooms and across grade/course PLCs.

Materials focus on forming arguments as well as informative writing which is responsive to the needs of the audience and the particulars of the text in question

Materials provide instructional guidance for writing workshop to include-

· Mini-lessons

· sentence combining

· Paragraph writing

· the writing process

· interactive writing

· shared writing

· individual writing

· language and conventions instruction

Students are given extensive practice with short, focused research/inquiry tasks

Supporting curriculum materials must provide evidence based teaching and learning supports for ELL and EC learners to access grade level appropriate texts and tasks

Materials use multimedia and technology to deepen attention to evidence and texts and engage students as 21st century learners.

Supporting curriculum materials must provide evidence based teaching and learning for gifted, advanced, on level, and struggling learners

Text selections include extensive opportunities for students to encounter grade-level text to increase academic vocabulary, support complex tasks, and foster rich discourse

ENGLISH LANGUAGE ARTS INDICATORS OF QUALITY

Middle (6-8)

Fiction and nonfiction texts acknowledge and affirm diverse identities from the cultures, ethnicities, and religions represented in HCPS with

· authentic history

· recognition of unique experiences and perspectives from all groups

Offers clearly outlined instructional strategies to scaffold and differentiate student access to appropriately complex texts and support student success on tasks and assessments

Text dependent questions are provided for texts and sections of texts which are worthy of close reading examination

Student tasks are clearly connected to concepts, current issues, and topics which engage students in inquiry, academic discourse, the writing process, and self-selected reading

Tasks and assessments contain aligned rubrics, scoring guidelines, exemplar responses, and answer keys that provide sufficient guidance for interpreting student progress toward and performance on the NCSCOS

Scaffolding supports empower students to experience complex texts to build knowledge, insight, and self-efficacy

Provides explicit guidance for planning and classroom instruction to serve whole class, small group, and individual instruction

Texts and tasks are not cluttered or diminished by surrounding materials to ensure the instructional focus is on students working with the text

Materials help teachers plan routine academic discourse and substantive academic discussions.

Questions and tasks support and require thorough comprehension of texts to foster evaluation and interpretation

Vocabulary materials and focus on academic vocabulary that appears in or is necessary/useful to read, discuss, and analyze the included texts and text collections

Vocabulary instructional resources feature vocabulary acquisition through morphological awareness, Within the collection of text selections provided, there are multiple possibilities for related and extended reading, writing, thinking, speaking, and listening on both teacher and student selected engaging concepts & topics across genres

Instructional supports are evidence based and proven and are explicitly linked to a sound research base

Materials support teaching the most significant grammar and language conventions throughout the course within meaningful reading instruction

Professional learning, research connections, and professional readings are included which support building teacher capacity for high quality instruction of

· Reading

· Writing

· Speaking

· Listening

· Language & conventions development

· Digital literacy skills

Fiction and nonfiction texts acknowledge and affirm diverse identities from the cultures, ethnicities, and religions represented in HCPS with

· authentic history

· recognition of unique experiences and perspectives from all groups

Offers clearly outlined instructional strategies to scaffold and differentiate student access to texts and support student success on tasks and assessments

Text dependent questions are provided for texts and sections of texts which are worthy of close reading examination

Student tasks are clearly connected to concepts, current issues, and topics which engage students in inquiry, academic discourse, the writing process, and self-selected reading

Tasks and assessments contain aligned rubrics, scoring guidelines, exemplar responses, and answer keys that provide sufficient guidance for interpreting student progress toward and performance on the NCSCOS

Scaffolding supports empower students to experience complex texts to build knowledge, insight, and self-efficacy

Provides explicit guidance for planning and classroom instruction to serve whole class, small group, and individual instruction

Texts and tasks are not cluttered or diminished by surrounding materials to ensure the instructional focus is on students working with the text

Materials help teachers plan routine academic discourse and substantive academic discussions.

Questions and tasks support and require thorough comprehension of texts to foster evaluation and interpretation

Vocabulary materials and instructional resources focus on academic vocabulary that appears in or is necessary/useful to read, discuss, and analyze the included texts and text collections

Within the collection of text selections provided, there are multiple possibilities for related and extended reading, writing, thinking, speaking, and listening on both teacher and student selected engaging concepts & topics across genres

Instructional supports are evidence based and proven and are explicitly linked to a sound research base

Materials support teaching the most significant grammar and language conventions throughout the course within meaningful ELA instruction

Professional learning, research connections, and professional readings are included which support building teacher capacity for high quality instruction of

· Reading

· Writing

· Speaking

· Listening

· Language & conventions development

· Digital literacy skills

ADDITIONAL CRITERIA

Middle (6-8)

Teachers are provided support and professional development to deepen the understanding of the NCSCOS standards and the rigor demanded within these standards .

Teachers are provided support and professional development to support highly effective blended learning opportunities for all students

Teachers are provided information about likely student solutions, questions to support students as they work on tasks and debriefing discussions, and suggestions about ways to structure summary discussions.

Cross-curricular connections are made within the resource.

Research is included that demonstrates the effectiveness of the resource.

Supports student driven learning (ie. Voice and choice in their learning, encourages students to know how they learn best, partners in the learning with the teacher, student sets personal goals).

Resource provides flexible use of tools in how students access, engage, and express their learning.

Resource engages students and teachers in collaboration, critical thinking, creativity and communication around the standards.

Resource includes connections to families and community agencies supporting the students outside the school day.

Teachers are provided support and professional development to deepen the understanding of the NCSCOS standards and the rigor demanded within these standards .

Teachers are provided support and professional development to support highly effective blended learning opportunities for all students

Teachers are provided information about likely student solutions, questions to support students as they work on tasks and debriefing discussions, and suggestions about ways to structure summary discussions.

Cross-curricular connections are made within the resource.

Research is included that demonstrates the effectiveness of the resource.

Supports student driven learning (ie. Voice and choice in their learning, encourages students to know how they learn best, partners in the learning with the teacher, student sets personal goals).

Resource provides flexible use of tools in how students access, engage, and express their learning.

Resource engages students and teachers in collaboration, critical thinking, creativity and communication around the standards.

Resource includes connections to families and community agencies supporting the students outside the school day.

ADDITIONAL CRITERIA

Indicator

Materials contain a tool that indicates the alignment between the NCSCOS standards and the standards, objectives, or learning targets utilized in the curriculum which includes the connection to the Science of Reading.

Materials provide instructional support, such as anticipated student pathways, questions to support student thinking or discussion, and/or summarizing strategies.

Materials make cross-curricular connections.

Materials support student-driven learning (opportunities for choice, metacognitive strategies, goal setting, etc.).

Materials include a multi-language glossary for teacher use.

Print materials are also available digitally.

Digital tools for interactive learning are available to teachers and students:

· Include a diagnostic assessment.

· Support a blended learning environment by aligning to print materials.

· Monitor student progress through data reporting (by standard, by assessment, etc.).

Research is included that demonstrates the effectiveness of the resource.

Each criterion will be scored on a scale of 1-5 with 5 being the highest possible score. Additional scores may be added by meeting the “Additional Criteria”.

Ver: 03/16/21 Page PAGE 10 of 15

5.0 Request for Proposal Document

Through this Request for Proposal, Hertford County Public Schools (HCPS) is seeking high-quality, standards-aligned, Science of Reading research based instructional materials to support the HCPS core curriculum for the following grade levels and content areas:

Grades 6-12 English Language Arts More specifically, Hertford County Public Schools (HCPS) is seeking high quality, standards-aligned core curriculum materials that develop students' literacy skills in English Language Arts for grades 6 through 12.

ATTACHMENT I: SUPPLEMENTAL VENDOR INFORMATION

HISTORICALLY UNDERUTILIZED BUSINESSES

Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.

Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, THE STATE invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and nonprofit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807-2330. The Vendor shall respond to question #1 and #2 below.

a) Is Vendor a Historically Underutilized Business? ☐ Yes ☐ No

b) Is Vendor Certified with North Carolina as a Historically Underutilized Business?

☐ Yes ☐ No If so, state HUB classification:

INSTRUCTIONS TO BIDDERS

1. 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.

2. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions.

The Hertford County Public Schools (HCPS) 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.

3. DEFINITIONS:

· BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids.

· 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.

· STATEWIDE TERM CONTRACT: A term Contract for all agencies, unless exempted by statute, rule, or special term and condition specific to this bid.

· AGENCY SPECIFIC TERM CONTRACT: A Term Contract for a specific agency.

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

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

5. 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, (3) North Carolina General Contract Terms and Conditions, and (4) Instructions to Bidders.

6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, the 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.

7. PROMPT PAYMENT DISCOUNTS: Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

8. 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 the 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.

9. 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 sketches, 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.

10. RECYCLING AND SOURCE REDUCTION: It is the policy of this State 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 the purchasers in the Division of Purchase and Contract those products or packaging they offer which have recycled content and that are recyclable.

11. 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 user directly. Any and all revisions to this document shall be made only by written addendum from the Division of Purchase and Contract. 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.

12. ACCEPTANCE AND REJECTION: HCPS 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.

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

14. TAXES:

· FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the contractor will be executed and returned by the using agency.

· OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue.

· Any applicable taxes shall be invoiced as a separate item.

15. 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 HCPS 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 needed; the date or dates of delivery and performance; and such other factors deemed by HCPS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by HCPS or the bidder, HCPS reserves the right to accept any item or group of items on a multi-item bid.

In addition, on TERM CONTRACTS, HCPS 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 HCPS to be pertinent or peculiar to the purchase in question.

All contracts are awarded contingent upon the availability of funds.

16. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, HCPS 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.

17. CONFIDENTIAL INFORMATION: As provided by statute and rule, the HCPS 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.

18. 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. Requests for the return of samples must be made within 10 days following the date of bid opening. Otherwise the samples will become HCPS 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.

19. PROTEST PROCEDURES: When an offeror wants to protest a contract awarded pursuant to this solicitation, that is over $10,000, they must submit a written request to the HCPS Purchasing Officer at the address given in the solicitation document entitled “Mailing Instructions”. This request must be received in the Purchasing Department within (5) consecutive business days of the email notification to the offeror of HCPS’ intent to maintain the original award. The offeror must submit a written protest letter to the HCPS Purchasing Officer. This letter must contain specific reasons and any supporting documentation for the protest.

20. 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.

21. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, Hertford County Public Schools (HCPS) may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. HCPS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to HCPS.

22. SPECIAL REQUIREMENTS REGARDING CRIMINAL BACKGROUND

1. Criminal Background Investigations of individuals working on school property (sites occupied with students and sites not occupied with students).

At a minimum, the contractor shall obtain a complete North Carolina statewide criminal background investigation for all employees and subcontractors who will work on this project, covering a period for the last seven (7) years. If the contractor or subcontractor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agencies as qualified to do so. All costs associated with these criminal background checks are the responsibility of the contractor.

Each prime contractor will be responsible for all their employees and all of their subcontractors working under them.

On sites that are occupied with students and staff, a daily sign-in sheet will be presented by each prime contractor to the principal and SRO – Student Resource Officer by 9:00 a.m. each morning. If there is no SRO – provide to the Principal. This list will contain the name of each person on site and the company they work for.

Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property.

1. Child Molestation or Abuse or indecent liberties with a child;

2. Rape;

3. Any Sexually Oriented Crime;

4. Drugs: Felony use, possession or distribution;

5. Murder, manslaughter or other death related charge; or

6. Assault with a deadly weapon or assault with intent to kill.

Any individual with a prior conviction or pending charges contained in the aforementioned list, shall be banned (not allowed) from any school project or property.

Each person on site must wear a plastic laminated identification badge that identifies the name of the company and the person’s name. These badges are to be computer produced at a font large enough to be clearly visible. All costs associated with these criminal background checks are the responsibility of the contractor. The ID badge template will be made available to the successful prime contractors at the Pre-Construction Meeting. Hertford County Public Schools, may, at any time, request verification of criminal background investigation for any employee or subcontractor on school property.

GENERAL CONTRACT TERMS AND CONDITIONS

1. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, Hertford County Public Schools (HCPS) may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. HCPS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to HCPS.

2. 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 contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. HCPS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

3. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. No goods or services should be shipped or provided prior to issuance of a Purchase Order to the vendor/contractor by Hertford County Public Schools.

4. TAXES: Any applicable taxes shall be invoiced as a separate item.

G.S. 143-59.1 bars the Secretary of Administration 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.

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

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

7. INSPECTION AT CONTRACTOR’S SITE: HCPS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for HCPS 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.

8. PAYMENT TERMS: Payment terms are Net 30 days after receipt of correct invoice or acceptance of goods. The using agency is responsible for all payments to the contractor under the contract. Payment by some agencies may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor.

9. AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

10. 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.

11. 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.

12. PATENT: The contractor shall hold and save HCPS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.

13. ADVERTISING: Contractor agrees not to use the existence of this contract or the name of the State of North Carolina as part of any commercial advertising.

14. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

15. ASSIGNMENT: No assignment of the contractor’s obligations nor the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, may:

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

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

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

16. INSURANCE COVERAGE: - During the…