CMS IFB 163-05282025KidCushions-AS.pdf

163-05282025KidCushions-AS

The Charlotte-Mecklenburg BOE INVITATION FOR BIDS NO. 163-05282025KidCushions-AS

1631610022502252019

Bids will be electronically opened:

Wednesday May 28, 2025 @3:00pm

EST (Prevailing Local Time)

4421 Stuart Andrew Blvd.

Charlotte NC 28217

Contract Type: Agency Specific

Refer ALL Inquiries to: Amy Shire 980-343-6615 Commodity: Playground Mulch (Kid Cushions)

E-Mail: amym.shire@cms.k12.nc.us Using Agency Name: CMBE

(See page 2 for mailing instructions.) CMBOE Requisition No. N/A

Website: www.cms.k12.nc.us

NOTICE TO BIDDERS

ONLY Electronic responses will be accepted for this solicitation. You must register to submit a bid. Register as soon as possible! It may take 3 to 5 days for your account to become active. NO MAILED, COURIERED, FAXED, OR EMAIL SUBMISSIONS WILL BE ACCEPTED. Bids are subject to rejection unless submitted on this form. Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s). See BID SUBMITTING INSTRUCTIONS: on page 2.

EXECUTION

By executing this bid, the vendor accepts the Federal Uniform Guidance terms and conditions. Contracts funded with federal grant or loan funds must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200). Additional information can be found at: http://bit.ly/2TtNU3T

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is made without prior understanding, agreement, or connection with any firm, corporation, or person submitting a bid for the same commodity, and is in all respects fair and without collusion or fraud. Under penalty of perjury, the undersigned offeror certifies that this bid has not been arrived at collusively or otherwise in violation of Federal or North Carolina law.

Failure to execute/sign bid 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)

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

AUTHORIZED SIGNATURE: DATE: E-MAIL:

*Vendor has two “signing” options in submitting an electronic bid submission: 1. You may apply a wet signature, scan, and then upload this page as an attachment for submission through NC Bids, or 2. You may apply a digital/electronic signature in the designated box, scan and then upload as an attachment along with its bid.

http://www.cms.k12.nc.us/ http://bit.ly/2TtNU3T

163-05282025KidCushions-AS

Initial Term: One (1) year from date of contract award.

Renewal Options: Up to two (2) additional one-year renewals.

Total Potential Term: Three (3) years.

All renewals are contingent on satisfactory performance, mutual agreement, and annual appropriations by the North Carolina General Assembly.

Offer valid for 365 days from date of opening unless otherwise stated here: days (See Instruction to Bidders, Item 5). Prompt Payment Discount: _ % days (See Instructions to Bidders, Item 6).

ACCEPTANCE OF BID

If any or all parts of this bid are accepted, an authorized representative of The Charlotte-Mecklenburg Board of Education shall affix their signature hereto and this document and the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and The Charlotte-Mecklenburg Board of Education Standard Terms and Conditions shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful bidder(s).

FOR The Charlotte Mecklenburg Board of Education USE ONLY

Offer accepted and contract awarded this day of , 20 _, as indicated on attached certification, (Authorized representative of CMBE).

163-05212025KidCushions-AS

In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort.

It is desirable that all responses meet the following requirements:

All copies are printed single sided.

All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response.

Unless absolutely necessary, all bids and copies should minimize or eliminate use of non-recyclable or non re- usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable.

Materials should be submitted in a format which allows for easy removal and recycling of paper materials.

BID SUBMITTING INSTRUCTIONS: All bid responses shall be submitted electronically via the North Carolina Business Invitation Delivery

System (NC BIDS). NO MAILED OR EMAIL SUBMISSIONS WILL BE ACCEPTED. You must be registered with NC’s eVP to submit a bid. Register as soon as possible! It may take 3 to 5 days for your account to become active. Please go to this page to register https://eprocurement.nc.gov/training/vendor-training. For additional information, please view the following link: NC BIDS FAQs for Vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors or email vendor@nc.gov. Once you have registered and have your login and password set up, go to https://www.ips.state.nc.us/ips/BidNumberSearch.aspx, key in 163-05282025KidCushions-AS, click Search, click eBid, key in your login and password. Follow the instructions in the site to upload your bid.

Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s).

PUBLIC BID OPENING: Since bid submissions will be opened electronically when they are released to the buyer by the State of North

Carolina’s software, the public bid opening (reading of the names of the companies submitting bids) will be facilitated either by a conference call or by online meeting software. Should you wish to join the public bid opening, contact the buyer at the email listed on the first page of the bid no later than 9 am the day of the bid opening. If you do not receive a confirmation within the hour, please phone the buyer.

TABULATIONS: Tabulations are posted on the Interactive Purchasing System (IPS) and can be accessed online at www.ips.state.nc.us.If the tabulations are not available on the IPS system, or additional award information is needed that is not accessible on the IPS system, you may contact the purchaser listed on the first page of this document to obtain bid award details.

TRANSPORTATION CHARGES: FOB destination, Mecklenburg County NC, with all transportation charges prepaid and included in the quoted price.

AWARD CRITERIA: The right is reserved to award this contract to a single overall bidder on all items, or to make awards on the basis of individual items or groups of items, whichever shall be considered by The Charlotte-Mecklenburg Board of Education to be most advantageous or to constitute its best interest. Bidders should show unit prices, but are requested also to offer a lump sum price. The right is reserved by The-Charlotte Mecklenburg Board of Education to reject any or all quotes/bids.

BID EVALUATION: Bids are requested on the items and/or equipment as hereinafter specified or like items similar in design, function and performance. The Charlotte-Mecklenburg Board of Education reserves the right to reject any bid on the basis of function, compatibility with user requirements of utility as well as costs. Bidder(s) are cautioned that any/all information furnished or not furnished on this bid may be used as a factor in determining the award of this contract.

DELIVERY: The successful bidder will complete delivery beginning July 01,2025 thru June 30,2026 however may go as late as Spring 2023. (an average of 4-6 truckloads per week) after receipt of purchase order, unless otherwise stated here:

_____: Delivery will be made from ___________________________________ (City & State). The Charlotte-Mecklenburg Board of Education reserves the right to consider the delivery time offered as a factor in the award of contract.

E-PROCUREMENT

ATTENTION: This contract is not included in e-procurement. Paragraphs #18 and #19 of the attached Charlotte- Mecklenburg Board of Education General Contract Terms and Conditions do NOT apply.

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

INDEFINITE ORDER QUANTITY: Bidders are informed that this quote/bid is for an estimated quantity of goods. No guarantees in order quantities exist until bidder receives a purchase order from The Charlotte-Mecklenburg Board of Education. The quantities listed in this bid/quote are for estimation and planning purposes only. The listed quantities are subject to change, with no guaranteed minimum order implied by this request for quote/bid. The pricing reflected in quotes/bids are considered valid for the period shown under “execution” section of this quote/bid. The Charlotte-Mecklenburg Board of Education will https://eprocurement.nc.gov/training/vendor-training https://ncadmin.nc.gov/nc-bids-faqs-vendors mailto:vendor@nc.gov https://www.ips.state.nc.us/ips/BidNumberSearch.aspx http://www.ips.state.nc.us/ procure certain goods through the term (term contract period) of this bid/quote only upon actual award. The Charlotte Mecklenburg Board of Education conveys to bidders that purchases will be made as a matter of convenience (convenience contract) to The Charlotte-Mecklenburg Board of Education. Award of items to certain vendors pertaining to this bid/quote do not guarantee purchase of stated quantities.

PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The Charlotte-Mecklenburg Board of Education is responsible for all payments to the contractor under the contract. Payment by Charlotte-Mecklenburg Board of Education may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (American Express, MasterCard, Visa, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor.

SUITABILITY FOR INTENDED USE: Bidders are requested to offer only comparable equipment which will provide the equivalent capabilities, features and diversity called for herein. The Charlotte-Mecklenburg Board of Education reserves the right to evaluate all proposals for suitability for the required use and to award the one best meeting requirements and thought to be in The Charlotte-Mecklenburg Board of Education’s best interest.

WARRANTY: Bidder guarantees proposed product to be free from any and all defects in material and workmanship and warrants same for a period of one year from date of installation. Such warranty to cover the cost of all defective parts replacement, labor freight, and technicians travel at no additional cost to The Charlotte-Mecklenburg Board of Education.

ALL BID/QUOTES: submitted should be as closely sized, equipped, etc. to the desired specifications. Any exceptions to the specifications will be evaluated based on the best interest of The Charlotte-Mecklenburg Board of Education.

BIDDER shall furnish parts which are either permanently labeled or are traceable.

Specifications are based on Original Equipment Manufacturer (OEM specifications-catalog numbers) to establish acceptable standards of quality, performance features, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material. All furnished parts must meet OEM specifications.

DELIVERY: CMBE will receive deliveries at Building Services 3301 Stafford Drive Charlotte, NC 28208 between the hours of 5:00am-2:30pm. Must coordinate deliveries with CMS Supply Crew Chief.

THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION

Procurement Statement of Non-Preference

It is the intent of The Charlotte-Mecklenburg Board of Education to procure a product and/or service in the size, quality, and parameters of the following specifications. Sometimes, for facilitation of bidding/quoting procedures only, a certain manufacturer, product, or vendor will be utilized to help streamline this process. However, The Charlotte-Mecklenburg Board of Education invites and encourages all other qualified bidders to submit equivalent bids/quotes. The primary purpose is to ensure that no interested party is excluded or limited from the bidding/quoting process. All bids/quotes are evaluated equally, based on the following criteria:

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 request for bids/quotes

The suitability of the articles for the intended use

The personal or related services needed

Transportation charges

The dates of delivery and performance

Such other factor(s) deemed pertinent or peculiar to the purchase in question which, if controlling, shall be made a matter of record.

2025-2026 Playground Engineered Wood Fiber Specifications

-10,000 yards delivered of Engineered Wood Fiber -Delivery shall be to a CMS site within Mecklenburg County North Carolina -Delivery anticipated between the months of July 1 2025- June 30, 2026 -Coordination with David Caldwell -All invoices sent to both: davids.caldwell@cms.k12.nc.us cms.apinvs@cms.k12.nc.us

David Caldwell Supply Supervisor Charlotte Mecklenburg Schools 3301 Stafford Dr.

Charlotte, NC 28208 Tel: 980-343-8618 Cell: 704-622-6992 Fax: 980-343-7046

Sample Bags required for each load Engineered Wood Fiber must meet specifications below ASTM F1951-99 for wheelchair and stroller accessibility, and ADA requirement ASTM F1292-04 for shock absorbency for protection from head injury-also IPEMA Certified ASTM F2075-04-section 6.5 a purity test for the absence of any metals- also IPEMA Certified mailto:davids.caldwell@cms.k12.nc.us cms.apinvs@cms.k12.nc.us

References

List below three (3) references for contracts (past or present) of a similar nature and scope as the project you are quoting:

Name of Firm Agency Contact Person Telephone # Number of Truck loads Purchased

Contract Amount

Pricing

Item Qty (Per Truck Load) Year 1 Price Year 2 Price Year 3 Price

Kid Cushions 55 $ $ $

Total per Year

All proposed prices must be all-inclusive, covering all associated costs including, but not limited to, materials, delivery, and installation.

No additional charges will be accepted beyond the quoted price."

Pricing for Years 2 and 3 is optional, subject to mutual agreement and funding.

Any proposed price increases must be approved in advance.

ACCEPTANCE OF BID

(Charlotte-Mecklenburg Board of Education)

BY: __________________________ TITLE: ___________________________ DATE: _______

THIS PAGE MUST BE SIGNED AND INCLUDED IN YOUR BID.

Minority, Women, Small Business Enterprise Information

Charlotte-Mecklenburg Board of Education (CMBE) promotes full and equal access to business opportunities with Charlotte- Mecklenburg Schools (CMS). Minority-owned, women-owned, and small business enterprises (collectively “M/W/SBE”) as well as other responsible vendors shall have a fair and reasonable opportunity to participate in CMS business opportunities.

Prime suppliers (i.e., those who deal directly with CMS) should support Charlotte-Mecklenburg School’s M/W/SBE Program by making an effort to engage minority, women, and/or small businesses as subcontractors for goods and services for CMS to the extent available. Prime supplier’s spending with M/W/SBE subcontractors constitutes Second Tier supplier diversity spending by CMS and the results of Second Tier spending is tracked within our program.

Each bidder or respondent to the solicitation shall submit with their bid the M/W/SBE Utilization Form. A listing of M/W/SBE firms and the CMS M/W/SBE guidelines may be obtained by contacting the M/W/SBE Administrator at 980-343-8638.

Failure to complete and submit the M/W/SBE Utilization Form may render bid or proposal response invalid.

MINORITY, WOMEN, SMALL BUSINESS ENTERPRISE (M/W/SBE)

Utilization Form

For: Purchases of Goods and Services

We, do certify that on the (Bidder)

(Bid Description)

(Bid Number) (Dollar Amount of Bid)

This form must be completed regardless of the amount or lack of M/W/SBE participation attained.

I will expend a minimum of % of the total dollar amount of the contract with minority, women, or small business enterprises. M/W/SBEs will be employed as vendors, suppliers, or providers of professional services. Such work will be subcontracted to the following firms listed below.

Attach additional sheets if required

Name and Address *M/W/SBE

Category

Work description Dollar Value

*M/W/SBE categories: Black, African American (B), Hispanic (H), Asian American (A) Native American Indian (N), Female (F), Small (S), or Socially and Economically Disadvantaged (D)

The undersigned will enter into a formal agreement with Minority/Women/ Small Business Firms for work listed in this schedule conditional upon execution of a contract with the Charlotte-Mecklenburg Board of Education.

Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires

SEAL

INSTRUCTIONS TO BIDDERS

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

2. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and The Charlotte-Mecklenburg Board of Education Standard Contract Terms and Conditions. The Charlotte-Mecklenburg Board of Education 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 offeror’ s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS. By execution and delivery of this document, the offeror 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 Bid.

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

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

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

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. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) Charlotte-Mecklenburg Standard Contract Terms and Conditions, and

(4) Instructions to Bidders.

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

10. RECYCLING AND SOURCE REDUCTION: It is considered sound purchasing practice to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of the purchasers at The Charlotte-Mecklenburg Board of Education Procurement Services Office those products or packaging they offer which have recycled content and that are recyclable.

11. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from The Charlotte-Mecklenburg Board of Education. The offeror is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

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

13. REFERENCES: The Charlotte-Mecklenburg Board of Education reserves the right to require a list of users of the exact item offered.

The Charlotte-Mecklenburg Board of Education may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, The Charlotte-

Mecklenburg Board of Education invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

15. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to The Charlotte-Mecklenburg Board of Education 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 The Charlotte-Mecklenburg Board of Education to be pertinent or peculiar to the purchase in question. Unless otherwise specified by The Charlotte-Mecklenburg Board of Education or the bidder, The Charlotte-Mecklenburg Board of Education reserves the right to accept any item or group of items on a multi-item bid. In addition, on TERM CONTRACTS, The Charlotte-Mecklenburg Board of Education 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 The Charlotte-Mecklenburg Board of Education to be pertinent or peculiar to the purchase in question.

16. CONFIDENTIAL INFORMATION: As provided by statute and rule, The Charlotte-Mecklenburg Board of Education 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.

17. TAXES:

FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation.

Exemption forms submitted by the contractor will be executed and returned by the using agency.

OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the

North Carolina Department of Revenue.

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

19. PROTEST PROCEDURES: When an Offeror wants to protest a contract award pursuant to this solicitation, they must submit a written request to the Chief Finance Officer of The Charlotte-Mecklenburg Board of Education. This request must be received within ten (10) consecutive calendar days from the date of the contract award, and must contain specific sound reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bidders may call the procurement official listed on the first page of this document to obtain a verbal status of contract award. If the Chief Finance Officer can render a decision based on the facts without a meeting, a written response with a decision will be rendered within 10 consecutive calendar days of the receipt of the protest letter. If not, the Chief Finance Officer will schedule a meeting with the protesting party to hear their complaint. This meeting will be held within 10 consecutive calendar days after receipt of the written protest. The Chief Finance Officer will respond to the protesting party in writing with a decision within 10 consecutive calendar days from the date of the protest meeting. All decisions of the Chief Finance Officer shall be the final administrative review.

20. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa.

21. ELECTRONIC PROCUREMENT (APPLIES TO ALL CONTRACTS THAT INCLUDE E-PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION DOCUMENT): Purchasing shall be conducted through the Statewide E-

Procurement Service. The State’s third party agent shall serve as the Supplier Manager for this E-Procurement Service. The contractor shall register for the Statewide E-Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract.

22. THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. The transaction fee shall not be stated or included as a separate item in the proposed contract or invoice. There are no additional fees or charges to the contractor for the services rendered by the Supplier Manager under this contract. Contractor will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the contractor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the contractor’s failure to perform or comply with specifications or requirements of the contract.

23. 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.

24. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and The Charlotte-Mecklenburg Board of Education Standard Contract Terms and Conditions. The Charlotte-Mecklenburg Board of Education 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 offeror’ s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS. By execution and delivery of this document, the offeror agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

25. DEFINITIONS:

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

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

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

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

29. 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

30. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) Charlotte-Mecklenburg Standard Contract Terms and Conditions, and

(4) Instructions to Bidders.

31. 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 offer will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

32. RECYCLING AND SOURCE REDUCTION: It is considered sound purchasing practice to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of the purchasers at The Charlotte-Mecklenburg Board of Education Procurement Services Office those products or packaging they offer which have recycled content and that are recyclable.

33. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from The Charlotte-Mecklenburg Board of Education. The offeror 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.

34. ACCEPTANCE AND REJECTION: The Charlotte-Mecklenburg Board of Education 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.

35. REFERENCES: The Charlotte-Mecklenburg Board of Education reserves the right to require a list of users of the exact item offered.

The Charlotte-Mecklenburg Board of Education may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

36. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, The Charlotte-

Mecklenburg Board of Education invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

37. 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 The Charlotte-Mecklenburg Board of Education 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 The Charlotte-Mecklenburg Board of Education to be pertinent or peculiar to the purchase in question. Unless otherwise specified by The Charlotte-Mecklenburg Board of Education or the bidder, The Charlotte-Mecklenburg Board of Education reserves the right to accept any item or group of items on a multi-item bid. In addition, on TERM CONTRACTS, The Charlotte-Mecklenburg Board of Education 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 The Charlotte-Mecklenburg Board of Education to be pertinent or peculiar to the purchase in question.

38. CONFIDENTIAL INFORMATION: As provided by statute and rule, The Charlotte-Mecklenburg Board of Education 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.

39. TAXES:

FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation.

Exemption forms submitted by the contractor will be executed and returned by the using agency.

OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the

North Carolina Department of Revenue.

40. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become the property of the Charlottte-Mecklenburg Board of Education. 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.

41. PROTEST PROCEDURES: When an Offeror wants to protest a contract award pursuant to this solicitation, they must submit a written request to the Chief Finance Officer of The Charlotte-Mecklenburg Board of Education. This request must be received within ten (10) consecutive calendar days from the date of the contract award, and must contain specific sound reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bidders may call the procurement official listed on the first page of this document to obtain a verbal status of contract award. If the Chief Finance Officer can render a decision based on the facts without a meeting, a written response with a decision will be rendered within 10 consecutive calendar days of the receipt of the protest letter. If not, the Chief Finance Officer will schedule a meeting with the protesting party to hear their complaint. This meeting will be held within 10 consecutive calendar days after receipt of the written protest. The Chief Finance Officer will respond to the protesting party in writing with a decision within 10 consecutive calendar days from the date of the protest meeting. All decisions of the Chief Finance Officer shall be the final administrative review.

42. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa.

Contractor or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Supplier Manager.

The transaction fee shall be based on purchase orders issued for the prior month. Unless Supplier Manager receives written notice from the Contractor identifying with specificity any errors in an invoice within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Contractor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Contractor is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee, which includes payment of all portions of an invoice not in dispute. Within thirty

(30) days of the receipt of invoice, contractor may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Contractor. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. The Supplier Manager shall provide, whenever reasonably requested by the contractor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice.

The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager will send those orders to the appropriate contractor on State Contract. The Charlotte-Mecklenburg Board of Education, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered.

Contractor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services.

If a contractor is a corporation, partnership or other legal entity, then the contractor may authorize its employees to use its password.

43. ELECTRONIC PROCUREMENT (APPLIES TO ALL CONTRACTS THAT INCLUDE E-PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION DOCUMENT): Purchasing shall be conducted through the Statewide E-

Procurement Service. The State’s third party agent shall serve as the Supplier Manager for this E-Procurement Service. The contractor shall register for the Statewide E-Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract.

44. THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. The transaction fee shall not be stated or included as a separate item in the proposed contract or invoice. There are no additional fees or charges to the contractor for the services rendered by the Supplier Manager under this contract. Contractor will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the contractor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the contractor’s failure to perform or comply with specifications or requirements of the contract.

Contractor or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Supplier Manager.

The transaction fee shall be based on purchase orders issued for the prior month. Unless Supplier Manager receives written notice from the Contractor identifying with specificity any errors in an invoice within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Contractor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Contractor is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee, which includes payment of all portions of an invoice not in dispute. Within thirty

(30) days of the receipt of invoice, contractor may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Contractor. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. The Supplier Manager shall provide, whenever reasonably requested by the contractor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice.

The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager will send those orders to the appropriate contractor on State Contract. The Charlotte-Mecklenburg Board of Education, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered.

Contractor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services.

If a contractor is a corporation, partnership or other legal entity, then the contractor may authorize its employees to use its password.

Contractor shall be responsible for all activity and all charges by such employees. Contractor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the contractor’s account, contractor shall immediately change its password and notify the Supplier Manager of the security breach by e-mail. Contractor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach.

CONTRACTOR IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE TRANSACTION FEE ON BEHALF OF ITS

AUTHORIZED RESELLERS IN THE EVENT THAT THE AUTHORIZED RESELLER(S) DEFAULTS.

STANDARD TERMS AND CONDITIONS

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

UNIFORM GUIDANCE; Procurement policy compliance statement: Contracts funded with federal grant or loan funds must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200).

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By executing this bid, the vendor accepts the Uniform Guidance terms and conditions. Contracts funded with Federal grant or loan funds must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200). Additional information can be found at: http://bit.ly/2TtNU3T

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is made without prior understanding, agreement, or connection with any firm, corporation, or person submitting a bid for the same commodity, and is in all respects fair and without collusion or fraud. Under penalty of perjury, the undersigned offeror certifies that this bid has not been arrived at collusively or otherwise in violation of Federal or North Carolina law.

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

PRICES: If Seller's price or the regular market price of any of the Goods or Services covered hereunder is lower than the price stated in the Contract Documents on the date of shipment of such Goods or Services, Seller agrees to give CMBE the benefit of such lower price on any such Goods or Services. In no event shall Seller’s price be higher than the price last quoted or last charged to CMBE unless otherwise agreed in writing. No charges for transportation, boxing, crating, etc. are allowable unless such charges are included in the Contract Documents.

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 may subject the Contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item. Invoices shall be sent to CMBE’s accounts payable department with a copy to the CMBE Project Coordinator.

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