251-27-148 (Reading Intervention Solutions for MLL).pdf

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Invitation for Bid # 251-27-148

1551 Rock Quarry Rd – Bldg. F Proposals will be publicly opened: September 8, 2026 @ 2:00 PM

Raleigh, NC 27610 Contract Type: Agency Specific Term Contract

Refer ALL Inquiries to: Petra Gooding Telephone No: 919-588-3456

Commodity: MULTILINGUAL STUDENT LITERACY AND

READING INTERVENTION SOLUTONS

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

NOTICE TO BIDDERS

Bids are subject to rejection unless submitted on this form. Failure to submit a bid in accordance with the instructions throughout this document shall constitute just cause to reject bid. See below for bid/proposal submitting instructions. Bids submitted via facsimile (FAX) machine or email in response to this Invitation for Bids will not be acceptable.

EXECUTION

In compliance with this Invitation for Bid, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are quoted, at the prices set opposite each item within the time specified herein. 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.

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

BIDDER: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

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

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

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

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for 45 days from date of bid opening unless otherwise stated here: ____ days Prompt Payment Discount:

_______ % __________________ days.

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IFB SCHEDULE

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

Event Responsibility Date and Time (ET.)

Issue IFB WCPSS 8-25-26

Submit Written Questions Vendor 8-28-26 by 12:00 pm

Provide Response to Questions WCPSS 8-31-26 by End of Business

Submit Proposals Vendor 9-8-26 by 2:00 pm

Public Live Bid Opening

(vendor attendance is not required)

WCPSS 9-8-26 at 2:00 pm

Microsoft Teams meeting Join: Join:

https://teams.microsoft.com/meet/2111746709 38884?p=LzsiH043jjSaH8kxK8 Meeting ID: 211 174 670 938 884 Passcode: J6HM32qu

PROPOSAL QUESTIONS

Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date.

Written questions shall be emailed to bids-pgooding@wcpss.net by the date and time specified above. Vendors should enter “IFB 251-27-148 Questions” as the subject for the email. Question’s submittals should include a reference to the applicable IFB section and be submitted in a format shown below:

Reference Vendor Question

IFB 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 and shall become an Addendum to this IFB. 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 IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this IFB. Addendums associated with the Invitation for Bid will be posted to the following links and it will be the vendor’s responsibility to adhere to and check these addendums prior to bid submittal:

(http://wcpss.net/domain/101)

(http://www.evp.nc.gov/solicitations)

PROPOSAL SUBMITTAL

Submit one (1) signed, original executed proposal response via eVP (emails not accepted).

Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendors’ sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor's proposal(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendors’ proposals for this procurement must be submitted through electronic Vendor Portal (eVP). For training on how to use eVP to view solicitations, submit questions, develop responses, upload documents, and submit offers to the district, https://teams.microsoft.com/meet/211174670938884?p=LzsiH043jjSaH8kxK8 https://teams.microsoft.com/meet/211174670938884?p=LzsiH043jjSaH8kxK8 mailto:bids-pgooding@wcpss.net http://wcpss.net/domain/101 http://www.evp.nc.gov/solicitations

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Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training.

PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit bids from qualified vendors to provide an age-appropriate reading intervention library designed for multilingual students in upper elementary and secondary grades who are still mastering foundational reading skills.

WCPSS has diverse student needs, and this initiative aims to equip both classroom educators and central service support teams with high-leverage tools to maximize student outcomes. Vendors may submit proposals for Component 1, Component 2, Component 3, or all three Components.

The Wake County Public School System (WCPSS) is requesting pricing proposals for Age- and Level-Appropriate Reading Intervention Materials and Strategies including: 1) a phonics-based solution for multilingual (ML) students in upper-elementary and secondary grades; and 2) a supplemental literacy solution for both secondary educators and secondary multilingual (ML) students; and 3) a program that covers relevant information for primary (K-2) ML Newcomer students living in a new country.

BACKGROUND

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 in the district, including 123 elementary schools, 38 middle schools, 32 high schools, and 10 special schools, serving a student population of approximately 161,000, 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

Vendor must be able to meet requirements for one or all three components of the RFP – 1) a phonics-based solution for multilingual (ML) students in upper-elementary and secondary grades; and 2) a supplemental literacy solution for both secondary educators and secondary multilingual (ML) students; and 3) a program that covers relevant information for primary (K-2) ML Newcomer students living in a new country.

Component 1: Phonics-based Solution for Upper-Elementary and Secondary Students

The selected vendor(s) will deliver professional materials focused on evidence-based, high-impact instructional strategies that increase student decoding and language skills, ensuring that struggling readers, like English language learners, can practice basic phonics and build confidence without feeling embarrassed by materials intended for younger children. The selected vendor will offer engaging, age respectful content for upper-elementary and secondary students at accessible reading levels in a variety of styles; ensuring that no matter what level the reader is, there will be a book for them, offering a variety of formats—graphic novels, pure text, full-color, books in verse, and plays.

Builds All 5 Foundational Reading Elements: Phonemic Awareness, Phonics, Comprehension, Vocabulary, and

Fluency

Materials Exhibit Phonics Skills:

● CVC words and progressing through long vowels

● Consonant digraphs

● Vowel diphthongs

● Multisyllabic words

Gives Instructors the Supports and Strategies to be Successful:

https://eprocurement.nc.gov/training/vendor-training http://www.wcpss.net/

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● Progress Monitoring – Summative Assessments for every book

● Lesson Plans

● Vocabulary-building Activities

● Strategic Reading Questions

● Reproducible Activities with phonics and comprehension skills

Component 2: Supplemental Literacy Solution for both Secondary Educators and Secondary

Multilingual students.

The selected vendor(s) will provide a variety of instructional materials meant to support core curriculum and help educators build foundational reading skills, reading comprehension, and other key literacy skills designed for small group instruction and learning stations. The vendor(s) will also provide an online portal for learners to complete digital assignments and engage in independent practice through at-home access.

Supplemental Resources and Materials Must:

● Align with researched-based best practices

● Foster SEL, Social Emotional Learning

● Correlate to Core Literacy Programs

Provides Flexibility and Accommodation for Multilingual Learners:

● A complete research-based approach to developing English language proficiency

● Resources for students on every level of English language proficiency

● Ease of instructional planning for educators

● Equity of instruction for multilingual learning students

Component 3: A Program that Covers Relevant Information for Primary (K-2) ML Newcomer

Students Living in a New Country

The selected vendor(s) will provide a variety of instructional materials meant to support multilingual students who have recently immigrated in adapting to living in a new country, both academically and socially. The materials will provide information at an accessible reading level and be supported by visuals; and they will place a focus on vocabulary building and acquisition for students learning English.

Resources and Materials Must:

● Align with researched findings of best practices

● Feature content and settings that will appeal to students

● Contain appropriate and accessible content for target demographic

Provides Flexibility and Accommodation for Multilingual Learners:

● A complete research-based approach to developing English language proficiency

● Equity of instruction for multilingual learning students

● Progress monitoring in the form of summative assessments for every topic and a program checklist

● Extensive teaching support for every book

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● Focus on vocabulary acquisition

VENDOR QUALIFICATIONS

Responding vendors must demonstrate:

● A proven track record (minimum of 10 years) of delivering a significant number of large-scale professional learning to K-12 school districts of Wake’s size (providing documentation to show this)

● Deep expertise in adult learning theories and job-embedded instructional coaching models

● Demonstrated experience working with diverse student populations, including English Learners, Title I school communities, and Advanced Learners

● Capacity to provide both in-person and virtual delivery models as needed.

PROPOSAL SUBMISSION REQUIREMENTS

To be considered for evaluation, vendors must submit a proposal organized into the following sections:

Section A: Signed Execution Page (page 1)

Section B: Executive Summary & Company Profile

● For Each Component: Brief overview of the organization, its mission, experience in K-12 education, data illustrating positive impact on student data outcomes with at least 3 K-12 school districts of Wake’s size; citing any of this data being with Wake itself

● Clear statement indicating whether the proposal covers Component 1, Component 2, or Component 3, or all

Components.

Section C: Technical Approach & Methodology

● For Each Component: Describe the specific frameworks, research basis, and delivery method.

● For Each Component: Include a sample project timeline, progress-monitoring tools, and evidence of success.

Section D: Past Performance & References

● Provide three (3) references from K-12 school districts of similar size/demographics served within the last three years. Include contact names, phone numbers, and emails.

Section E: Cost Proposal

• Vendors must submit a transparent, itemized budget.

● If bidding on more than one component, pricing must be clearly separated by Component 1 and Component

2, etc.

CONTRACT TERM

● The contract shall be awarded for up to a one-year term. WCPSS reserves the right to renew for two additional one-year terms at its discretion.

● It shall be mandatory that the selected vendor enforce the following employee requirements:

○ All employees are subject to the required background checks as described in the terms and conditions section of the solicitation. Any employee of the awarded vendor that does not meet the requirements are subject to dismissal.

● Multiple vendors may be awarded one or more components of this RFP

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TECHNICAL SPECIFICATIONS

If any portion of the vendors proposal will be online, the platform/solution must meet the Technical Specifications below/

Please indicate how your proposal will address the following specifications in each area. In terms of rostering and user authentication, our acceptable methods are listed below. Bids must identify which methods are available.

User Account Provisioning

The system must allow for the use of the state’s unique student ID number to identify students as a master key with their email address being the login ID.

Users must have individual and unique login credentials.

Accepted SCIM 2.0

Accepted Entra Identity

Accepted Rapid Identity

Accepted Clever

Accepted Google Workspace

Accepted Just-in-time provisioning via Google, EntraID, or Clever

Accepted SFTP (Secure File Transfer Protocol) using public/private keys in lieu of static passwords

Class Rostering

Accepted Rapid Identity Studio (OneRoster API)

Accepted Clever

Accepted IMS Global Learning Tool Interoperability (LTI) 1.3 or greater

Accepted SFTP (Secure File Transfer Protocol) using public/private keys in lieu of static passwords

User Authentication

User sessions must timeout (i.e. require logging in again) after a specified length of inactivity (Down to 30 minutes).

The system must store any local authentication credentials in a salted, encrypted format.

Accepted Security Assertion Markup Language (SAML) 2.0 as a Service Provider (SP)

Accepted OIDC via Google or Entra Identity

Accepted Sign in with Clever

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Accessibility

Must comply with the Americans with Disabilities Act (ADA) section 508 compliance found at:

http://www.dol.gov/dol/topic/disability/ada.htm

User Roles

At a minimum, software must provide the user roles listed below (or equivalent). The ability to create custom user roles is preferred.

Super Administrator Full administrative control over all settings to include data integration settings, manage user roles/permissions, etc.

District Administrator Able to view all users and all data, system-wide reporting, but CANNOT access/change any technical settings.

School/Department Administrator

Able to view all users and user data within a specific school or department.

Teacher/Staff Able to view all students and associated data for students in their class or staff in their department.

Student/standard user Able to view their content only.

Reporting

Where applicable, the system must allow for reporting of student progress at various levels (ie. classroom teachers can run class level reports, principal or district admin can run school level or district level reports).

Data Portability

The system shall allow for the export of data to be used with other data systems such as Student Information Systems

(SIS), Instructional Management Systems (IMS), and Learning Management Systems (LMS) (or in case of staff systems, Oracle or other data systems). Data will be provided in a spreadsheet or database format. Describe how the solution provides for the export or transfer of data, including all formats and methods supported.

Data Retention and Deletion

● User data will be deleted no longer than six months after a user has been removed from the provisioning view.

● While under contract, the system must maintain student data records for a minimum of five (5) years and make these records available to the district.

Browsers

Must provide support for the most recently released versions of Google Chrome Browser.

Additional Software

If the solution requires the use of additional software components, such as plugins or proprietary packages, please provide details. List if they are required, or if this would give an enhanced experience.

● Software install (Is this required, optional for enhanced experience, or not needed?)

http://www.dol.gov/dol/topic/disability/ada.htm

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● Browser plugin required

● Browser extension required

● Application required

Supported Devices

List any limitations

● Windows 11

● Apple MacOS

● Chromebook (the three most recent versions of ChromeOS)

● iPhone

● iPad

Customer Support

● Customer support must be available to district and school administrative users by phone and email during regular business hours (M-F, 8-5 Eastern Standard Time).

● Identify any additional support avenues that may be available such as online chat.

Technical Support

Technical support, licensing fees, upgrades and patches must be included in the annual solution fee.

Server Uptime

Describe your uptime Service Level Agreement. The system is expected to be utilized 24 hours a day.

References

Provide at least two reference accounts where:

● Solution is deployed in a production environment

● For a duration of one (1) year

● For at least 40,000 students

OTHER VENDOR QUALIFICATIONS

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

• Provider will work with the WCPSS Human Resources department to complete criminal background checks on all employees providing tutoring.

• The Provider/Company must complete and submit the Application Supplement Waiver and General Release form for each employee providing services to the contract administrator for WCPSS prior to beginning work, in addition to those completed by the provider.

• 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.

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

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COST

• Vendor shall provide their cost proposal on their own form.

• Vendor’s proposal should be inclusive of all costs, including travel, training, or implementation.

• Vendors may bid any any or all of the 3 components

• Pricing must clearly state which component is being proposed. If bidding on more than one component, pricing must be clearly separated by Component 1, Component 2, etc.

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. An evaluation team will review the proposals using the criteria below and make a recommendation. The criteria listed will be used to evaluate the proposals for the purpose of ranking them in relative position based on how fully each proposal meets the requirements of this IFB.

AWARD CRITERIA

1. Pricing.

2. Quality of Service: Includes answers and methodology where applicable.

3. Experience and References: WCPSS requests minimum of three reference accounts be provided. Each reference should demonstrate a record of quality work spanning at least three years. If any vendor submitting a proposal is limited in the number of reference accounts available, vendor should submit a list of all accounts of record within the last three years. Vendors shall not use WCPSS as a past reference.

4. Conformity with specifications herein.

CUSTOMER REFERENCES

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

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SOURCE SELECTION

WCPSS will review all information submitted in order for WCPSS to award the contract to the bidder providing the most responsive/responsible low bid.

i. The evaluation committee may request clarifications, an interview with or presentation from any or all bidders.

However, the WCPSS may refuse to accept, in full or partially, the response to a clarification request given by any bidder. Bidders are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms.

ii. Evaluation Process Explanation. WCPSS employees will evaluate all proposals. All proposals will be initially classified as being responsive or non-responsive. If a proposal is found non-responsive, it will not be considered further. All responsive proposals will be evaluated based on stated evaluation criteria, as provided with this IFB. Any references in an answer to another location in the IFB materials or Proposal shall have specific page numbers and sections stated in the reference.

iii. To be eligible for consideration, a bidder must meet the intent of all requirements. Compliance with the intent of all requirements will be determined by WCPSS. Responses that do not meet the full intent of all requirements listed in this IFB may be subject to point reductions during the evaluation process or may be deemed non-responsive. Further, a serious deficiency in the response to any one factor may be grounds for rejection.

iv. Bidders are advised that WCPSS is not obligated to ask for or accept after the closing date Bidder may be disqualified from any evaluation or award if bidder or any key personnel proposed, has previously failed to perform satisfactorily during the performance of any contract with WCPSS, or violated rules or statutes applicable to public bidding in the State of North Carolina, as documented. Vendors must not be debarred from doing business with the State of North Carolina or Federal Government.

CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date bids are opened through the date the contract is awarded—each Vendor submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside of WCPSS, other government agency office, WCPSS body or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the contents of another Vendor’s bid, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in WCPSS’ discretion that the communication was harmless, that it was made without intent to influence and that the best interest of WCPSS would not be served by the disqualification. A Vendor’s bid may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Please contact bids-gooding@wcpss.net .

VENDORS ARE CAUTIONED THAT ALL RESPONSES MUST BE ORGANIZED, IDENTIFIABLE AND READILY

ACCESSIBLE. A TEMPLATE IS PROVIDED FOR USE BUT ANY ADDITIONAL INFORMATION SHOULD

REFLECT IDENTIFIABLE LANGUAGE AND BE ACCESSIBLE AND ORGANIZED.

mailto:bids-gooding@wcpss.net mailto:bids-gooding@wcpss.net

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NON-PREFERENCE

It is the intent of WCPSS to procure products in the stated quantity, quality, and size as described in this request while adhering to general statutes specific to public schools and WCPSS Board of Education policy. The manufacturer, brand name and model numbers are used to provide respondents specific information on the quality and usefulness of the product that is being requested. These references are not intended to restrict comparable products. Other manufacturers and brands will be considered if they meet or exceed the minimum standards of the product referenced. See below for accompanying literature that is required when submitting your bid.

DESCRIPTIVE LITERATURE/CERTIFICATION

Each bid shall be accompanied by complete descriptive literature, specifications, and all other pertinent data necessary for thorough evaluation of the item(s) bid and sufficient to determine compliance of the item(s) with the specifications.

DEVIATIONS

Any deviations from specifications and requirements herein by bidder may subject proposal to disqualification.

FIRM BID

Prices and any other entry made hereon by the bidder shall be considered firm and not subject to change or withdrawal.

TAXES

Wake County Public School System 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.

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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;

13 | Page 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. 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.

15. SAMPLES: Sample 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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 refuses 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.

21. 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.

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

23. 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.

24. PAYMENT TERMS: Payment terms are Net no 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.

25. 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.

26. 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.

27. 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.

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28. 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.

29. 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.

30. 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.

31. 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.

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

33. 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.

34. 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.

35. 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

15 | Page 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. WCPSS reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Agreement if WCPSS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others.

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

37. COMPLIANCE WITH E-VERIFY: Provider shall comply with all applicable laws and regulations in providing services under this

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

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

39. RESTRICTED COMPANIES LIST: Bidder represents that as of the date of this bid, Bidder is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Bidder also represents that as of the date of this bid, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.

40. BUSINESS AUTHORIZATION: Bidder is duly qualified to do business in North Carolina. If Bidder is a business entity that is not registered in North Carolina, prior to providing any products or beginning any services described by this bid, Bidder shall either (i) obtain a certificate of authority from the Secretary of State for North Carolina, pursuant to N. C. Gen. Stat. § 55-15-03, or (ii) provide a letter from an attorney indicating that the attorney has reviewed N. C. Gen. Stat. § 55-15-01 and determined that Bidder is not required to obtain a certificate of authority pursuant to N. C. Gen. Stat. § 55-15-01(b).

41. GIFT PROHIBITION. Provider acknowledges that it is subject to N.C.G.S. §§ 14-234 and 133-32, which prohibit contractors from providing items of value to school system officials and employees under various circumstances. N.C.G.S. § 14-234, in pertinent part, prohibits contractors from providing to specific school system officers/employees a gift, favor, reward, service, or promise of reward in exchange for recommending influencing or attempting to influence the award of a contract. N.C.G.S. § 133-32, in pertinent part, bars provision of gifts or favors to specific school system officers/employees by a contractor who has a contract, has performed under a contract in the last year, or anticipates bidding on a contract in the future. Provider covenants that no director, employee or agent of Provider, or any other person connected with Provider, has made, offered or given, either directly or indirectly, to any School System Board member, employee, or agent, or to any person connected with the School System, any gift, favor, or item of value in violation of either N.C.G.S. §§ 14-234 or 133-32. Provider agrees that a breach of this provision as identified by the school system may result in the School System’s termination of this Contract without liability and/or at the School System’s discretion, the recovery of any and all funds paid to Provider pursuant to this Contract. Provider further agrees that to the extent there exists any doubt as to whether its actions have violated, or could violate, this provision, Provider will promptly notify the school system so it can make a determination as to the propriety of the Provider’s past or proposed future conduct.

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Exhibit A: ETHICS AND THE PURCHASING FUNCTION Policy Code: 6401/9100

The Wake…