251-27-161 (WCPSS Brand Standards & Visual Identity System).pdf

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Memorandum from Purchasing Department

Letter of Instruction for RFP #251-27-161

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 only 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.

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 above.

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

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Request for Proposal #251-27-161

1551 Rock Quarry Rd – Bldg. F DISTRICT BRAND STANDARDS & VISUAL IDENTITY SYSTEM

Raleigh, NC 27610 Contract Type: Open Market

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

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

NOTICE TO VENDORS

Proposals, subject to the conditions made a part hereof, will be received via email to bids-pgooding@wcpss.net until 12:00 p.m. on September 30, 2026. Proposals are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Invitation for Proposals, 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 proposal 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 shall be valid for 120 days from date of proposal opening unless otherwise stated here: _______ days

Prompt Payment Discount: _______ % __________________ days.

DELIVER BID TO: Petra Gooding bids-pgooding@wcpss.net

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 9-22-26

Submit Proposals Vendor 9-30-26 @ 12:00 PM ET mailto:bids-pgooding@wcpss.net mailto:bids-pgooding@wcpss.net http://www2.wcpss.net/

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PROJECT OVERVIEW

The Wake County Public School System (WCPSS) seeks a qualified branding, marketing or communications agency to assess, modernize and strengthen the district's brand system.

WCPSS serves a large and diverse community through hundreds of schools, departments, programs and initiatives. The district's current brand standards were developed decades ago. While the core WCPSS identity remains well established, the communications environment in which the brand is used has changed substantially.

Today, WCPSS branding appears across websites, mobile devices, social media, short-form video, presentations, printed materials, apparel, promotional products, school communications, advertising and emerging AI-assisted design platforms. Over time, decentralized creation of materials and inconsistent interpretation of existing standards have resulted in significant variation in how the WCPSS brand is represented.

WCPSS is not seeking a wholesale rebranding of the school system or a significant redesign of the existing

WCPSS logo. Rather, the district seeks a partner to evaluate the existing visual identity, recommend appropriate refinements, and create a modern and comprehensive brand system that can be consistently implemented across a large and decentralized organization.

The resulting system should provide clear parameters that protect and strengthen the WCPSS identity while making it easier for employees, professional designers and vendors to create consistent, high-quality materials.

PROJECT GOALS

The selected agency will help WCPSS:

1. Establish a clear and cohesive districtwide visual identity system.

2. Modernize standards that were developed before many of today's primary communications platforms existed.

3. Reduce inconsistent interpretation of the WCPSS brand among employees, designers, vendors, schools and departments.

4. Create clear standards governing the relationship between the WCPSS master brand and departments, programs, initiatives and campaigns.

5. Establish when unique logos, marks, identities or campaign branding are appropriate and when they are not.

6. Reduce the proliferation of department, office, program and initiative logos through a clear and intentional brand architecture.

7. Create standards for promotional products, apparel, signage, event materials and other physical applications of the brand.

8. Establish contemporary standards for social media, digital content, motion graphics and video.

9. Develop standards for the responsible use of generative AI and AI-assisted design while preserving the integrity of the WCPSS brand.

10. Make it significantly easier for employees to create materials that are professional and on-brand without requiring professional design expertise.

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BACKGROUND

For background purposes, The Wake County Public School System (WCPSS) is currently the largest school district in North Carolina and the 14th largest in the United States. There are currently 204 schools serving a student population of approximately 160,000, 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

The scope should include, but is not necessarily limited to, the following areas.

A. Brand Audit and Discovery

Conduct an assessment of the current WCPSS brand and its implementation across the organization.

The audit should include representative examples of:

● District communications

● Email signatures

● Department and program materials

● Social media

● Video

● Presentations

● Signage

● Advertising

● Recruitment materials

● Apparel and promotional products

● Reports and publications

● Event materials (Table top stand, step and repeat, handout)

● Existing department, initiative and program logos

● Vendor-produced materials

The agency should identify inconsistencies, gaps, unnecessary complexity, outdated practices and opportunities to strengthen the overall system.

The audit should specifically identify areas in which existing standards are unclear, incomplete or subject to inconsistent interpretation.

B. Brand Strategy and Architecture

Recommend a clear brand architecture defining the relationship among:

● Wake County Public School System

● Departments and offices

● Programs and initiatives

● Campaigns

● Events

The architecture should establish clear rules for when a separate identity, logo, sub-brand, campaign mark or other visual identity may be created.

http://www.wcpss.net/

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WCPSS is particularly interested in reducing unnecessary proliferation of department, office, program and initiative logos and creating a recognizable connection between district-supported activities and the

WCPSS master brand.

The agency should recommend a process for requesting, approving and retiring secondary identities.

C. Core Visual Identity

Evaluate the existing WCPSS visual identity and recommend refinements necessary to create a contemporary, flexible and durable system.

WCPSS is not seeking significant modification of the existing WCPSS logo.

Standards should address at minimum:

● Primary and secondary logos

● Logo variations

● Clear space

● Minimum sizes

● Incorrect logo usage

● Color palette

● Secondary and accent colors

● Typography

● Photography

● Illustration

● Iconography

● Graphic elements

● Patterns

● Layout and composition

● Accessibility and readability

The resulting standards should reduce subjective interpretation and provide sufficient specificity for different professional designers and vendors to produce visually consistent work.

D. Department, Program and Initiative Branding

Develop clear standards for departments, offices, programs and initiatives.

The system should answer practical questions such as:

● Does this initiative need a logo?

● When should the WCPSS logo be used instead?

● Can a department have its own color palette?

● Can a program establish its own visual identity?

● Can a program create its own social media identity?

● How should temporary campaigns be branded?

● How should internal initiatives be branded?

● When should an existing logo or visual identity be retired?

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The agency should recommend a systematic method for bringing existing identities into compliance with the new standards.

E. Digital and Social Media Standards

Develop standards specifically designed for contemporary digital communications, including:

● Facebook

● Instagram

● LinkedIn

● YouTube

● Short-form vertical video

● Stories and reels

● Social media graphics

● Profile images

● Account naming

● Thumbnails

● Email graphics

● Web graphics

● Email signature

Standards should accommodate both professionally produced materials and content created quickly by district and school employees.

The system should clearly identify which elements must remain consistent across digital platforms and where creators have flexibility.

F. Video and Motion Identity

Develop a recognizable WCPSS motion and video identity. This will include developing consistent standards for b-roll and interviews so that videographers have visual representations of how those elements need to be shot. This should also include developing standards for video editing that are clear and consistent with instructions for accessing required graphics and where they need to be placed within videos.

Standards may include:

● Video intros and outros

● Lower thirds

● Name and title treatments

● (Audio logo)

● Logo animation

● Transitions

● Caption styles

● On-screen text

● Title cards

● Social video

● Vertical video

● Interview framing

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● Thumbnail design

● Music and audio considerations

● Accessibility requirements

The goal should be for WCPSS-produced video content to be recognizable as part of the WCPSS brand even when viewed outside a WCPSS-owned platform.

Everyone should be able to use it – How to insert our graphics. (Canva)

G. Artificial Intelligence and Generative Design Standards

Develop practical guidance governing the use of generative AI and AI-assisted tools in visual communications.

Guidance should address:

● Acceptable uses of generative AI

● Prohibited or high-risk uses

● AI-generated imagery

● Representation of students, employees and school environments

● AI-assisted illustration

● AI-assisted graphic design

● Image manipulation

● Brand consistency

● Copyright and intellectual property considerations

● Disclosure considerations

● Human review and approval

● Accessibility

● Bias and representation

The agency should develop reusable prompting guidance that enables employees and professional designers using approved AI tools to create outputs aligned with WCPSS brand standards.

Prompting guidance should address elements such as:

● Color

● Typography

● Photography style

● Illustration style

● Composition

● Visual tone

● Graphic treatments

● Prohibited treatments

Where feasible, the agency should structure this guidance so that WCPSS can adapt it for future AI and design platforms.

H. Promotional Products, Apparel and Merchandise

Establish standards for WCPSS-branded physical products, including:

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● Name tags

● Shirts and apparel

● Bags

● Pens

● Water bottles

● Giveaways

● Conference materials

● Employee recognition items

● Recruitment materials

● Event merchandise

The standards should establish:

● When promotional products are appropriate

● Which WCPSS marks may be used

● Acceptable customization

● Appropriate placement and sizing

● Quality expectations

● Approval requirements

The agency should recommend approaches that reduce the creation of disconnected department- or program-branded merchandise.

I. Photography and Representation Standards

Develop guidance for photography and visual storytelling that reflects the breadth of the WCPSS community.

Standards should address:

● Photography style

● Authenticity

● Student representation

● Staff representation

● Classroom imagery

● Staged versus documentary photography

● Diversity of age, race, ethnicity, ability and family/community experiences

● Image cropping

● Stock photography

● AI-generated imagery

The goal should be to provide enough direction that photography selected or commissioned by different employees, departments and vendors still feels recognizably part of the WCPSS brand.

J. Accessibility and Multilingual Design

Brand standards should incorporate accessibility as a fundamental design requirement.

Standards should address issues such as:

● Color contrast

● Typography

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● Minimum text sizes

● Captioning

● Alternative text considerations

● Information hierarchy

● Readability

● Accessible documents

● Accessible social media graphics

The agency should also consider how the visual brand system functions in multilingual communications, including languages that require significantly different text lengths or character systems.

K. Templates and Practical Tools

Develop a comprehensive template system that enables employees without professional design expertise to produce materials that remain consistent with the WCPSS brand.

Templates should be designed for the software and platforms commonly used by WCPSS and may include:

● Invitations

● Presentations

● Reports

● Flyers

● Posters

● Social media graphics + templates

● Social video

● One-pagers

● Event materials

● Certificates

● Digital signage

Templates should balance consistency with sufficient flexibility to meet legitimate communications needs.

Templates should be accompanied by clear guidance indicating what users may customize and which brand elements should remain unchanged.

L. Brand Governance Framework

Develop a practical governance guide that establishes how the WCPSS brand should be managed following completion of the project.

The framework should address:

● Who owns and maintains the WCPSS brand

● Which decisions require Communications approval

● What departments may determine independently

● When a new visual identity may be created

● Who may create logos or visual identities

● How exceptions are requested

● How exceptions are approved

● How vendor-produced work is reviewed

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● How outdated logos and materials are retired

● How standards are enforced

● How new communications platforms are incorporated into existing standards

The governance framework should be realistic for a large public school system and should minimize unnecessary administrative burden.

The goal should be to make compliance easy and exceptions intentional.

M. Work to Be Completed by WCPSS

The following elements are outside the primary scope of the agency engagement and will be developed or managed internally by WCPSS.

Brand Voice and Messaging

WCPSS will develop internal standards addressing:

● Voice

● Tone

● Plain language

● Institutional versus conversational communications

● Writing for families

● Writing for employees

● Social media voice

● Headlines and calls to action

● Terminology and naming conventions

Editorial Style Guide

WCPSS will develop and maintain its own editorial style guide.

Brand Standards Platform

Develop brand standards using a web-first approach. The agency will provide structured, accessible, web-ready content that WCPSS can publish within its website/CMS, including headings, body copy, specifications, examples, image descriptions/alt text, and downloadable brand assets. A designed PDF may be provided as a supplemental reference but should not be the sole or primary way to access the standards.

WCPSS will create and maintain the online version of the brand standards and associated digital resource platform.

Stakeholder Engagement

WCPSS will lead engagement with essential partners for the project.

The selected agency should work collaboratively with WCPSS staff and incorporate relevant findings and input provided by the district.

Districtwide Rollout and Ongoing Implementation

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WCPSS will lead the broader rollout, ongoing communications and long-term implementation of the new standards.

N. Training

As part of the project, the selected agency should train designated WCPSS Communications leaders and other identified staff responsible for implementing and overseeing the new standards.

At minimum, the agency should provide a training session for WCPSS Communications directors covering:

● The rationale behind the new standards

● Brand architecture

● Application of major visual standards

● Governance and approval decisions

● Appropriate exceptions

● Use of templates

● Use of AI design standards and prompting guidance

● Oversight of vendors and designers

The proposal should identify recommended training format, duration, and materials.

WCPSS will develop broader employee onboarding and districtwide training based on the final standards.

O. Required Deliverables

At minimum, the selected agency should provide:

1. Current-state brand audit and findings.

2. Brand strategy and architecture recommendations.

3. Marketing materials for the brand

4. Updated visual identity system.

5. Comprehensive brand standards document.

6. Department, program and initiative branding standards.

7. Digital and social media standards.

8. Video and motion identity standards.

9. Generative AI design and prompting standards.

10. Photography and representation guidelines.

11. Promotional product, apparel and merchandise standards.

12. Accessibility and multilingual design guidance.

13. Template library.

14. Brand governance framework.

15. Training for designated WCPSS Communications leaders.

16. Final editable source files and production-ready brand assets.

All final materials, source files, templates and production-ready assets should become the property of

WCPSS as permitted by the final contract.

AGENCY QUALIFICATIONS

Respondents should demonstrate experience in areas including:

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● Brand strategy

● Brand architecture

● Visual identity systems

● Large or decentralized organizations

● Public-sector or education organizations

● Digital and social media branding

● Motion and video branding

● Accessible design

● Brand governance

● Template systems

● Generative AI or emerging design technologies

Experience developing brand systems that must be used by both professional designers and non-design professionals is particularly relevant.

Experience establishing brand architecture for organizations with multiple departments, programs, initiatives or operating units is also highly desirable.

PROPOSAL REQUIREMENTS

Proposals should include:

● Signed execution page (page 2)

● Agency overview

● Relevant experience

● Examples of comparable projects

● Proposed project approach

● Project team and individual roles

● Proposed timeline and major milestones

● Detailed description of proposed deliverables

● Number and type of revision cycles included

● Proposed training approach

● References

● Detailed cost proposal, including costs by major phase or deliverable as final page of RFP

● Any proposed optional services

Respondents should identify any elements of the requested scope they believe should be modified, eliminated or added based on professional experience.

WCPSS welcomes recommendations that would improve the long-term effectiveness, usability or sustainability of the resulting brand system.

EVALUATION CONSIDERATIONS

WCPSS may consider factors including:

● Demonstrated understanding of the project

● Quality and practicality of the proposed approach

● Relevant brand strategy and architecture experience

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● Experience with large or decentralized organizations

● Quality and usability of previous brand standards

● Digital, social and video expertise

● Understanding of accessibility

● Understanding of generative AI and emerging design platforms

● Strength of proposed governance approach

● Qualifications of assigned personnel

● References

● Cost and overall value

WCPSS will place particular value on solutions that create clear standards that can be applied consistently by different employees, professional designers and external vendors.

DESIRED OUTCOME

At the conclusion of this project, WCPSS should have a modern visual brand system that provides clear answers to practical questions about how the WCPSS identity should be represented.

The system should make it easy to determine:

● What should carry the WCPSS identity

● When a secondary identity is appropriate

● How WCPSS materials should look across different media

● How departments, programs, campaigns and events fit within the WCPSS brand

● How employees and vendors can create materials without introducing unnecessary visual inconsistency

● How emerging technologies such as generative AI can be used without weakening the brand

● Which decisions can be made independently and which require Communications approval

The ultimate objective is a WCPSS brand that remains consistent regardless of which employee, designer, vendor or technology platform produces the work.

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

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COST PROPOSAL

Vendor shall provide pricing as an overall cost for the services as the final page of the RFP. Hourly rate should be all-inclusive of travel expenses and other expenses involved, and not as a separate line item.

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 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.

DEADLINE FOR PROPOSAL SUBMITTAL

Proposals are due no later than September 30, at 12:00 PM. WCPSS reserves the right to reject any proposals that are not submitted by the deadline in its sole discretion. Questions regarding the RFP shall be answered per the above-mentioned instructions.

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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 bid document.

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 request 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. 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

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“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 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.

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:

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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 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-

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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.