251-26-139 (Driver Education Behind-the-Wheel Training).pdf

1 | P a g e

Memorandum from Purchasing Department

Letter of Instruction for RFP #251-26-139

To: Prospective Parties

Thank you for your interest in the Wake County Public School System. Please review the following instructions prior to submitting your proposal.

• Prior to submitting and executing the proposal, please make sure you read and understand the terms and conditions referenced. All proposals are subject to the terms and conditions outlined herein. All responses will be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror’s response will be waived and have no effect either on this Request For Proposals or on any contract that may be awarded resulting from this solicitation. The attachment of any other terms and conditions by the Offeror may be grounds for rejection of that proposal. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.

• Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED

COMMUNICATIONS DURING THE RFP PROCESS. All questions should be directed to bids-pgooding@wcpss.net.

• Offerors are cautioned that this is a request for offers, not a request to contract, and

WCPSS reserves the unqualified right to reject any and all offers when such rejection is deemed to be in the best interest of WCPSS.

• In submitting a proposal, the Offeror agrees not to use the results there from as part of any news release or commercial advertising.

• Submit one (1) signed, original executed proposal response and one (1) electronic copy on a flash drive (emails not accepted) of your proposal simultaneously in the same envelope to the address identified below.

• Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table below. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

mailto:bids-pgooding@wcpss.net http://www2.wcpss.net/

2 | P a g e

Request for Proposal #251-26-139

1551 Rock Quarry Rd – Bldg. F DRIVER EDUCATION BEHIND-THE-WHEEL TRAINING

Raleigh, NC 27610 Contract Type: Agency Specific Term Contract

Refer ALL Inquiries to: Petra Gooding Telephone No: 919-588-3456 DUE DATE: May 13, 2025 @ 2:00 pm

E-Mail: bids-pgooding@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM

NOTICE TO VENDORS

Sealed proposals, subject to the conditions made a part hereof, will be received at this office (1551 Rock Quarry Road, Building F, Raleigh, NC) until 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Refer to page 2 for proper mailing instructions.

Proposals submitted via facsimile (FAX) machine or email in response to this Request for Proposal will not be acceptable.

Proposals are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are proposed, at the prices set opposite each item within the time specified herein. By executing this proposal, I certify that this proposal is submitted competitively and without collusion.

Failure to execute/sign this page prior to submittal shall render bid invalid. Late proposals are not acceptable.

VENDOR: 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

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

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for 60 days from date of proposal opening unless otherwise stated here: ____ days Prompt Payment Discount:

_______ % __________________ days.

Submit one (1) signed, original executed proposal response, and one (1) electronic copy on a flash drive (emails will not be accepted) of your proposal simultaneously to the address identified below.

Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

http://www2.wcpss.net/

3 | P a g e

MAILING INSTRUCTIONS: Mail only one fully executed proposal with flash drive, unless otherwise instructed, per envelope. Address envelope and include proposal number as shown below. It is the responsibility of the Vendor to have the proposal in this office by the specified time and date of opening.

DELIVER TO:

PROPOSAL NO. RFP 251-26-139

Wake County Public School System

Purchasing Department, Building F

1551 Rock Quarry Road

Raleigh NC 27610-4145

RFP SCHEDULE

The table below shows the intended schedule for this RFP. WCPSS will make every effort to adhere to this schedule.

Event Responsibility Date and Time

Issue RFP WCPSS 4-30-25

Submit written questions to:

bids-pgooding@wcpss.net

(Reference RFP # in the subject line)

Vendor 5-5-25 by 2:00 pm ET

Provide Responses to Questions WCPSS 5-6-25 by end-of-business

Submit Proposals Vendor 5-13-25 @ 2:00 PM ET

PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions, in written form by the above due date. WCPSS will not respond to questions via telephone or telephone message(s). Written questions must be emailed to bids-pgooding@wcpss.net by the date and time specified above. Vendors should enter “RFP #251-26-139 Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, WCPSS’ response, and any additional terms deemed necessary by WCPSS will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us and WCPSS Purchasing website http://www.wcpss.net/domain/101, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any

WCPSS personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.

http://www.ips.state.nc.us/ http://www.wcpss.net/domain/101

4 | P a g e

PROPOSAL EVALUATION

All proposals will be evaluated by representatives of WCPSS. WCPSS may, at its sole discretion, ask for additional information and/or elect to conduct interviews with finalists to clarify information provided in the proposals.

The services that are the subject of this RFQ/P are not required to be bid under North Carolina law, and none of the statutory requirements regarding public bidding apply to this RFQ/P. This document, and not those statutes, will govern the selection process.

WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS have any obligation to explain its decision to recommend or not to recommend any particular vendor or to invite or exclude any particular vendor from consideration at any stage of the process. Instead of recommending that contracts be awarded to one or more vendors who presented proposals, WCPSS may, at its sole discretion, reject the proposals and repeat the process, enter into direct contract negotiations with one or more vendors (possibly including vendors who have not previously submitted proposals) or take any other action WCPSS deems advisable under all the circumstances.

WCPSS is expected to make any final selection(s) based upon any factors or considerations WCPSS deems relevant. Factors often considered include qualifications, relevant experience, fee, and ability to perform work in a timely manner. WCPSS retains sole discretion to award the contract to the vendor(s) it believes will best serve the interests of WCPSS and may consider any factors, documents, or information it deems relevant in making that determination. WCPSS shall not have any obligation to explain its decision to select or not select any individual vendors or to invite or exclude any individual vendors from consideration at any stage of the process. The decision of WCPSS to accept or reject any proposals and to award contract(s) to any one or more vendor(s) shall be final and not subject to further review.

Vendors are subject to immediate disqualification at any stage of the selection process for any of the following:

• The submission of false or misleading information in the vendor’s proposal.

• Any efforts to dissuade or discourage other vendors from submitting proposals.

• Any efforts to influence, dictate, or change the terms of another vendor’s proposal.

• Any form of bid collusion or bid rigging.

METHOD OF AWARD

All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation which is best for WCPSS. Vendors SHALL not be considered who are not approved or authorized by The State of North Carolina to do business with The

State of North Carolina. WCPSS reserves the right to waive any minor informality or technicality in proposals received.

IMPORTANT: CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside of WCPSS regarding this solicitation. All communication should be directed in written form to the WCPSS contact indicated on pages 1, 2, and 3.

5 | P a g e

BACKGROUND AND PROJECT OBJECTIVES

The Wake County Public School System (WCPSS) seeks a provider(s) to address student “Behind the Wheel” (BTW) backlog for Driver Education, mostly on the Western side of the county. WCPSS is seeking a provider(s) to perform “Behind The Wheel” instruction, in accordance with North Carolina, Article 14, General Statutes 20 – 320 through 20 – 339, and is subject to all rules and regulations of the N.C. Division of Motor Vehicles and approved by the N.C. Department of Public Instruction. The current backlog is 1,700 students. WCPSS prefers providers that can serve a minimum of 12 students per month per driving instructor to aid in the reduction of the backlog. Provider must provide their own vehicles and fuel. This solicitation is in addition to current contracts in place for Driver Education services with WCPSS. The sole intent of this RFP is to address the current backlog of BTW students.

For background purposes, The Wake County Public School System (WCPSS) is currently the largest school district in North Carolina and the 15th largest in the United States. There are currently 203 schools serving a student population of approximately 162,000, with approximately 20,000 staff. Wake County covers 854 square miles. Additional information about the school system can be accessed via the internet site (www.wcpss.net).

SCOPE OF WORK

CONTRACTOR REQUIREMENTS

• The North Carolina Division of Motor Vehicles (hereafter “DMV”) must license the Contractor as a commercial driving school pursuant to G.S.20-320.et seq.

• Vendor must have three years’ experience as a Driver Education Contractor (large school system experience preferred).

ORAL PRESENTATIONS

A vendor who submits a proposal in response to the RFP may be required to give an oral presentation and/or clarification of his/her proposal to WCPSS. This will provide an opportunity for the vendor to clarify or elaborate on his/her proposal but will in no way change the vendor’s original proposal. The cost of preparing for and attending the meeting will be at the vendor’s expense. WCPSS will schedule the time and location of each such presentation if WCPSS determines that an oral presentation is necessary.

SPECIFICATIONS

Under WCPSS supervision, the Contractor shall administer a program of driver education that complies in every respect with the provisions of the Motor Vehicle Laws of North Carolina, Article 14, General Statutes 20 – 320 through 20 – 339, and is subject to all rules and regulations of the N.C. Division of Motor Vehicles and approved by the N.C. Department of Public Instruction. In accordance with such law, the Contractor agrees to administer a program, which meets the following standards and requirements. Contractors shall initial understanding and acceptance of each of the following specifications.

1. Driver Training Program

In accordance with criteria and standards approved by the N.C. State Board of Education (SBE), the Contractor shall provide Behind the Wheel training for WCPSS for physically and mentally qualified persons http://www.wcpss.net/

6 | P a g e who (a) are older than fourteen (14) years and six (6) months, (b) are approved by the principal of the school, pursuant to the rules adopted by SBE, (c) are enrolled in a public or private high school of Wake County, and (d) have not previously enrolled in the program. The vast majority of these students are based at the high schools, which are located throughout Wake County.

Vendor acknowledgement __________

2. Office Space

The Contractor shall provide an office in Wake County or surrounding counties sufficient for conducting business related to this contract including, but not limited to:

• Local manager and support staff available for serving and responding to the needs of our clients for eight hours on normal business days between 9:00 AM and 5:00 PM ET. A local telephone answering system shall be available for all other times.

• A facility for conducting personnel interviews.

• Storage of all records required for the operation of this contract.

• Maintain office equipment that will network with school and teacher equipment.

• Vendor shall provide local office address for verification by WCPSS.

Vendor acknowledgement __________

3. Instruction

The Contractor shall employ driver education instructors who are certified by SBE in driver education or who meet the requirements established by the SBE and North Carolina Division of Motor Vehicles (DMV) for noncertified status and who, to the satisfaction of WCPSS and the Contractor are competent to train WCPSS students. Prefer SBE certified teachers with experience as a driver education instructor. The Contractor shall state the number of instructors to be provided and average experience level as a certified driver education instructor. Awarded contractors must provide the list of instructors to be used for the WCPSS Driver Education Program Services and provide their certification and experience along with this

RFP.

Vendor acknowledgement __________

4. Instructor Observation

The Contractor shall allow an authorized representative of the DMV and/or WCPSS to monitor instruction for behind-the-wheel. The frequency and duration of such observations will be at the discretion of WCPSS.

Vendor acknowledgement __________

5. Monitoring and Auditing

The Contractor shall cooperate with WCPSS, or with any other person or agency as directed by WCPSS, in monitoring, auditing, or investigating activities related to this Contract. The Contractor shall permit WCPSS to evaluate all activities conducted under this contract as dictated by WCPSS. The Contractor shall provide auditors retained by WCPSS with access to any records and files related to the provision of services under this Contract. WCPSS agrees that its auditors will maintain the confidentiality of any trade secrets of Contractor accessed during an audit conducted under this Contract.

Vendor acknowledgement __________

7 | P a g e

6. Records and Confidentiality of Student Information

The Contractor agrees that all student records obtained in the course of providing services to WCPSS under this contract shall be subject to the confidentiality and disclosure provisions of applicable federal and state statutes and regulations, and WCPSS’s policies. All student records shall be kept in a secure location preventing access by unauthorized individuals. Contractor will maintain an access log delineating date, time, agency, and identity of individual accessing student records who is not in the direct employ of the Contractor. Contractor shall not forward to any person other than parent or District any student record, including, but not limited to, the student’s identity, without the written consent of the parent and District.

Upon termination of this Agreement, Contractor shall turn over to District all student records of District’s eligible students to whom Contractor has provided services under this agreement.

Vendor acknowledgement __________

7. Relationship of Parties

The Contractor shall be an Independent Contractor of WCPSS, and nothing herein shall be construed as creating a partnership or joint venture; nor shall any employee of the Contractor be construed as an employee, agent, or principal of WCPSS.

Vendor acknowledgement __________

8. Compliance with Applicable Laws

Contractor shall comply with all applicable laws and regulations in providing services under this Contract.

Contractor represents that it is aware of and in compliance with the Immigration Reform and Control Act, and that it will collect properly verified I-9 forms from each employee providing services under this Contract. Contractor shall not employ any individuals to provide services to WCPSS who are not authorized by federal law to work in the United States.

Vendor acknowledgement __________

9. Applicable WCPSS Policies

Provider acknowledges that the Wake County Board of Education has adopted policies governing its relationship with vendors and conduct on School System property and agrees to abide by any and all relevant WCPSS policies during the term of the contract and while on School System property. WCPSS’s Provider related polices can be viewed at https://www.wcpss.net/Page/45862 and are incorporated into this Contract by reference.

Vendor acknowledgement __________

10. Assignment

The Contractor shall not assign, subcontract, or otherwise transfer any interest in this contract without the prior written approval of WCPSS.

https://www.wcpss.net/Page/45862

8 | P a g e

11. Contract Modifications

This contract may be amended only by written amendments duly executed by and between WCPSS and the Contractor.

Vendor acknowledgement __________

12. North Carolina Law

North Carolina law will govern the interpretation and construction of the Contract.

Vendor acknowledgement __________

13. Compliance with Other Requirements

The Contractor shall comply with, and continue to comply with, all DMV and NCDPI requirements pertaining to the driver education program.

Vendor acknowledgement __________

14. Program Planning

The Contractor shall be responsible for student registration, schedules, parental involvement, records, reports, issuing of certificates and program coordination with WCPSS personnel. Contractor must provide methodology used to accomplish described tasks.

Vendor acknowledgement __________

15. Types of Programs

The Contractor and WCPSS shall make driver education available to all eligible students in three distinct programs, (a) after school, (b) Saturdays, and (c) summer. The Contractor and WCPSS will agree upon starting and ending times for BTW instruction. The behind-the-wheel training times may include, but are not limited to, after school until 8:00 PM ET, Saturdays from 7:00 AM to 8:00 PM ET, before the regular school day and any other times agreeable to the Contractor, WCPSS and student. Ending time for the summer program only may be 8:30 PM ET. NOTE: Simulators may not be used for classroom or behind-the-wheel instruction.

Vendor acknowledgement __________

16. Student Instruction

The Contractor shall schedule two students per vehicle for behind-the-wheel instruction unless a different number is otherwise agreed upon by both WCPSS and contractor in very certain circumstances. Maximum time Behind the Wheel is two hours per day. Contractor shall provide details on their instruction, including the following:

• How many vehicles the contractor will have available.

• How many students per month the contractor is able provide training for

9 | P a g e

17. Administrative Code

The Contractor and WCPSS shall implement any changes made in North Carolina Administrative Code as required.

Vendor acknowledgement __________

18. Workers’ Compensation

The Contractor shall maintain such insurance as will protect them from claims under Worker’s Compensation Insurance Acts which may arise from activities under this Agreement as noted in Section 23 of the attached Terms & Conditions. WCPSS shall be furnished with a certificate of workers’ compensation insurance with agreement to provide WCPSS with a minimum of thirty (30) days’ notice prior to any termination or modification of coverage.

Vendor acknowledgement __________

19. Accident Reports

In the event of an accident involving a student enrolled in this program, or a car operated by the Contractor while performing the obligations under this agreement, the Contractor shall report said accident immediately to the school principal and Senior Administrator for Driver Education. A written report shall be filed with WCPSS within three (3) school days of the accident. The Contractor and its employee will cooperate fully with WCPSS and officials and WCPSS insurance company’s representative in the accident investigation. There will be no additional cost for providing the required assistance.

Vendor acknowledgement __________

20. Solicitation of Additional Behind-The-Wheel Driver Education

The Contractor agrees to refrain from solicitation of students and/or relatives of students to enroll in or purchase behind-the-wheel driver education services or any service products other than those provided by the agreement.

Vendor acknowledgement __________

21. Paperwork

The contractor agrees to complete and turn in all paperwork required by WCPSS and/or state authorities in a timely manner.

Vendor acknowledgement __________

22. Vehicles

All vehicles used in this program will be provided by the Contractor and will meet all requirements of DMV.

Each vehicle shall be equipped with an automatic transmission and dual-controlled brakes. The WCPSS may periodically inspect driver education vehicles to ensure that standards for safe operations are not compromised.

10 | P a g e

The Contractor shall be responsible for all vehicle operating costs, to include:

• Providing gasoline

• Maintaining a clean vehicle interior and exterior at all times.

• Servicing cars at regular intervals

• Performing an operational inspection prior to each day’s use and resolving any issued prior to student use.

• Completing the WCPSS Vehicle Inspection Checklist monthly.

Vendor acknowledgement __________

23. Students Failing Driver Education

Contract shall contact the WCPSS Driver Education Coordinator in the event a student needs to be released from Behind the Wheel training.

Vendor acknowledgement __________

24. Independent Contractor

The Contractor, in the performance of this agreement, shall be and act as an independent contractor and its officers, employees and agent shall not be considered officers, and employees or agent of WCPSS, and nothing herein shall be construed as creating a partnership or joint venture. As such, the Contractor agrees to provide all manpower necessary to fully perform all aspects of the driver education program. This shall include, but not be limited to, management, clerical assistance, instructors, and coordinators.

Vendor acknowledgement __________

25. Payment Procedure for Eligible Students

The WCPSS shall pay the contractor as full compensation for any and all services rendered by the Contractor pursuant to the terms and conditions of this agreement.

The billing procedure to the WCPSS will be determined before the program begins. The Contractor shall provide the WCPSS an itemized invoice for services rendered on a monthly basis. WCPSS will render payment within twenty (20) days of receipt of billing invoice. No prepayment will be made. Other necessary specifics regarding the billing process will be agreed upon between the contractor and WCPSS.

Vendor acknowledgement __________

26. Term of Agreement

This agreement shall be in full force and effect for the period commencing with the award of this agreement through September 30, 2024, or when the backlog of students has been resolved. WCPSS reserves the right to renew or extend this agreement if it is deemed to be in the best interest of the district.

COST OF SERVICES

Cost per student for Behind-the-Wheel training

11 | P a g e

CONTRACTOR INFORMATION SHEET

Federal I.D. No. or Social Security No. _____________________________________________

Contractor’s Telephone No. _____________________________________________

Date Firm Established _____________________________________________

Service Experience (Years) _____________________________________________

Name of individual authorized to answer questions concerning the information contained herein:

Name _____________________________________________

Telephone No. _____________________________________________

Facsimile No. _____________________________________________

Name of Designated Management Person to Contact after Award of Contract:

1. Name the three (3) largest school systems serviced by your firm:

District: ___________________________________ Numbers Serviced:__________BTW Yrs. Exp:________

2. Number of driver education students trained annually.

a. 2021

b. 2022

c. 2023

d. 2024

3. Number of a) DPI certified instructors; b) DPI certified with DMV endorsement; or c) DMV certified instructors (No DPI certification) employed:

a. Currently a.__________ b.__________ c.__________

b. Number available to assign to WCPSS at this time a.__________ b.__________ c.__________

c. Date by which necessary number of certified instructors would be available to instruct number of students on which you bid if not now available:__________

4. Is your driving school currently licensed with DMV? YES__________ NO__________

12 | P a g e

5. Do you have insurance in the type and amounts required by the bid? YES__________ NO__________

6. If awarded the bid, how long will it take your firm to organize and be prepared to begin Driver Education

Instruction to WCPSS? __________Weeks

For the following questions, please submit response in essay form. If this was included in contractor’s bid, please reference the appropriate page numbers, or otherwise identify the bid pages where the information can be found on the lines below:

7. How does your firm plan to provide and manage the required classroom and behind-the-wheel instruction for the Driver Education Program? If this was included in your bid, you may reference the appropriate page numbers or otherwise identify the bid pages. Submit response in essay form and attach to your bid.

Information located on _______________________________________

8. Describe your office operations and office staffing to maintain a quality Driver Education Program in the

Wake County Public School System.

9. What innovative instructional programs and techniques have you incorporated into your course of study in the schools currently under contract?

10. Explain the staff development plan for your instructional staff.

11. List ways you presently communicate with the schools and communities where you currently hold contracts.

13 | P a g e

DRIVER EDUCATION INSTRUCTORS

Fill out this form listing all driver education instructors currently employed by your driving school with their certification and experience. Duplicate this form as needed.

NAME CERTIFICATION EXPERIENCE

14 | P a g e

ADDITIONAL QUALIFICATIONS

• VENDOR shall be licensed (when applicable) and approved to do business in the State of North

Carolina.

• Insurance requirements referenced within as well as any Federal, State and Local requirements shall be required and maintained.

• Vendor will be disqualified for consideration if they are listed on either the State of North Carolina debarred vendor registry, or the Federal Government debarred vendor registry.

(Federal Government) https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf

(State of North Carolina) https://ncadmin.nc.gov/documents/nc-debarred-vendors

REFERENCES

Vendors shall provide at least three references, for similar size and scope projects, for which comparable services and supplies have been provided. The Wake County Public School System shall not be one of the three references required.

Name of Organization Contact Person

Name

Annual Contract Value Contact Person Title

Contract Start Date Contact Person

Telephone Number

Contract End Date Contact Person Email

Address https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf https://ncadmin.nc.gov/documents/nc-debarred-vendors

15 | P a g e

REQUIRED SUBMITTALS & SUBMISSION GUIDELINES

• A complete copy of the RFP, including a signed, original execution page (page 2) and initials on vendor acknowledgement lines (pages 5-10)

• Completed attachments A, B & C

• Contractor Information sheet and responses to questions

• List of Driver Education Instructors

• Copy of Certificate of Insurance

• Customer References

• Cost proposal

16 | P a g e

TERMS AND CONDITIONS

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 special terms and conditions specific to this Invitation for Bids, the specifications. Wake County Public School System (WCPSS) 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.

• 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 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, and (3) Instructions to Bidders.

6. 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.

7. 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.

8. 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.

9. RECYCLING AND SOURCE REDUCTION: It is the policy of WCPSS 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 WCPSS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.

10. 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 WCPSS 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.

11. ACCEPTANCE AND REJECTION: WCPSS 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.

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

13. 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 WCPSS 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 WCPSS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or group of items on a multi-item bid. WCPSS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, WCPSS 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 WCPSS to be pertinent or peculiar to the purchase in question.

14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS 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 | P a g e

15. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS 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.

16. 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 WCPSS 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.

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

18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident bidders. The “Principal Place of Business” is defined as the principal place from which the trade or business of the bidder is directed or managed.

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

20. 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 WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

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

G.S. 143-59.1 bars the WCPSS 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.

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

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

24. INSPECTION AT CONTRACTOR’S SITE: WCPSS 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 WCPSS 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.

25. 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 contractor for payment if the contractor accepts that card (Visa, MasterCard, etc.) from other customers.

26. 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.

27. 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.

28. PATENT: The contractor shall hold and save WCPSS, 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 WCPSS or disclosure of any information pursuant to the NC Public Records Act.

29. 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 purchasing department and solely as a convenience to the contractor, WCPSS 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 contractor as a joint payee on the contractor’s payment check.

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

18 | P a g e

30. INSURANCE:

Certificates of Insurance acceptable to WCPSS shall be filed with WCPSS 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 WCPSS, and that the Wake County Board of Education is listed as additional insured on general liability and automobile liability. Provider agrees to maintain the appropriate insurance outlined in Exhibit B.

Other types of appropriate insurance may be required depending upon scope of services provided. Examples are aviation liability, pollution liability, crime, employee dishonesty/directors and officers.

The successful vendor agrees to hold harmless and indemnify the Wake County Board of Education (WCBOE) for any liability that may arise from the negligent or illegal acts of the vendor’s employees or agents.

31. GENERAL INDEMNITY: The provider shall hold and save WCPSS, 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 provider in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the provider. The provider represents and warrants that it shall make no claim of any kind or nature against WCPSS agents who are involved in the delivery or processing of contractor goods to WCPSS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

32. 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.

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

34. 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 WCPSS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature.

b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period. 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 WCPSS reserving the right to accept or reject the increase or cancel the contract. Such action by WCPSS shall occur not later than 15 days after the receipt by WCPSS 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.

35. 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.

36. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Provider 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 check 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 Provider’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 Provider 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 Agreement prior to the commencement of such services or the delivery of such goods. The Provider shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Provider 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 Agreement. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Provider shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Provider 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. Provider 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 Agreement. In addition, the school system may conduct additional criminal records checks at Provider’s expense. If the school system exercises this right to conduct additional criminal records checks, Provider 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 Agreement. Provider 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 Agreement.