Custodial Services.pdf

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REQUEST FOR PROPOSALS

CUSTODIAL SERVICES

GREENSBORO

North Carolina

REQUEST FOR PROPOSALS #6844

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Custodial Management Service RFP 6844

Proposals will be received by the Guilford County Schools (GCS) Purchasing Department at 714 Green Valley

Road Greensboro, NC 27408, until Friday, October 16, 2026, at 11:00am EST. Custodial Services at the schools below. Proposals submitted via facsimile (FAX) machine in response to this RFP will not be accepted.

Custodial Services at the following schools/sites:

For a twelve (12) month period beginning on 01/01/27, and ending 6/30/27, the proposal includes an option to renew up to four (4) consecutive one-year periods.

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For proposal information & questions, contact Velicia Moore via email at gaddyv@gcsnc.com. Proposal forms are available through the GCS website at http://purchasing.gcsnc.com/BidCurrent/PurchasingQuoteList.aspx.

Click on Bid Solicitations, then Current Bids, under quote# 6844.

A non-mandatory pre-proposal conference will be held September 25, 2026, at 10:00am EST on the 2nd floor, in Room 2A at 714 Green Valley Road Greensboro, NC 27408.

The Guilford County Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, Section 168A-3. The Board reserves the right to reject any or all bids presented and to waive any informalities and irregularities. GCS reserves the right to reject any and all proposals not considered to be in the best interest of GCS, to negotiate with one or more of the company’s submitting proposals, or to reject all proposals.

Velicia Moore, CLGPO Director of Purchasing http://purchasing.gcsnc.com/BidCurrent/PurchasingQuoteList.aspx

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GUILFORD COUNTY SCHOOLS

REQUEST FOR PROPOSALS

FOR

CUSTODIAL MANAGEMENT SERVICES

Proposal # 6844

1) Introduction.

Guilford County Schools, North Carolina (GCS) is accepting proposals for Custodial Management Services for the schools/site (listed below) until October 16, 2026, 11:00 EST, in the Purchasing Office, 714 Green Valley Road

Greensboro, NC 27408. Late proposals will not be accepted. There will not be a public opening.

2) Scope of Work.

GCS currently requires custodial management services to be provided for multiple different schools, which are listed below. However, GCS reserves the option to contract for possible service expansion to additional sites in the future. If additional custodial management services are required in the future, the successful contractor will be contacted to submit bids. The contractor will propose a daily cost to clean each school based on square footage listed below and custodial duties required by GCS that are outlined in Attachment A. Also, contractor is to propose cost for floor care that is outlined in Attachment B. Proposal should be: Price Per Day x 180 School Days + Summer Cleaning = Total Cost The contractor’s employees will perform their regular duties Monday through Friday unless otherwise requested and approved by the GCS Point of Contact.

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3) Attachments

The Attachments below are incorporated into and made a part of this Request for Proposals (RFP).

Attachment A (1.-8) Scope of Services

Attachment B (1 -2) Summer Cleaning/Floor Work and Custodian Labor Rate

Attachment C Employee Work Rules

Attachment D Insurance Requirements

Attachment E Addenda Receipt Confirmation Form

Attachment F (1 – 3) GCS Service Calendars, Proposal Pricing Submittal Form, Scoring Matrix Attachment G Custodial Services References

Attachment H (1 – 2) GCS inspection form and Summer Cleaning Door Form

Attachment I Bid Submittal Instructions

Attachment J General Contract Terms and Conditions

4)Definitions.

As used in this RFP, the following terms will have the meanings set forth below:

GCS Guilford County Schools, North Carolina.

GCS Point of Contact A person designated by GCS to act as a liaison between GCS and the awarded contractor, representing the interests of the district.

Supervisor of Record Person designated by the awarded contractor to act as a liaison between the contractor and GCS, representing the interests of the contractor.

Contract A contract executed by GCS and the contractor for all or part of the products and services covered by this RFP.

Workday Defined as any day of the week for this RFP.

4) Schedule and Process.

Date Event

September 14, 2026 RFP Issued

September 25, 2026, 10 AM

EST

Non-Mandatory Pre-Proposal Conference

September 28 – October 6, 2026, EST

Site Visits - schedule will be provided at Non Mandatory pre bid meeting and posted on GCS purchasing website

October 8, 2026, at 11 AM

EST

Deadline for Submission of Written Questions

October 13, 2026, at 2 PM

EST

Posting Answers to Questions

October 16, 2026, at 11AM

EST

RFP Responses Due.

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5) Pre-Proposal Conference and Walk-Through.

A Non-Mandatory Pre-Proposal conference will be held September 25, 2026, at the GCS Administration

Building, 712 Green Valley, Room 2A, Greensboro, NC, at 10:00 AM.

A Non - Mandatory Walk-Throughs of schools listed on RFP will take place on September 28 – October 6, 2026, EST. Schedule will be provided at non-mandatory pre bid meeting and posted on GCS purchasing website.

6) Contractor Questions.

All questions and inquiries regarding this RFP should be submitted in writing, via e-mail, to:

Velicia Moore & Letitia Hines

RFP#6844

714 Green Valley Rd

Greensboro, NC 27408

Email hinesl@gcsnc.com and gaddyv@gcsnc.com

Deadline for submission of questions is October 8, 2026, at 11 AM EST.

GCS will review all potential contractor responses and reserve the right to contact contractor for RFP clarification as part of the evaluation process. GCS may, at its discretion, require one or more contractors to make presentations to an

Evaluation Committee.

7) Submission of Proposals.

A Contract maybe awarded to multiple contractors. Proposals must include individual prices for each facility to be billed on a monthly basis. Proposalss submitted via facsimile (FAX) machine will not be accepted.

8) Proposal Conditions.

The following terms are applicable to this RFP:

a) RFP.

This RFP does not constitute an offer by GCS. GCS reserves the right, in its sole discretion, to reject any or all proposals in response to this RFP, to waive any irregularities or informalities in a proposal, and to enter into any agreement deemed by GCS to be in the best interest of the district. GCS reserves the right to discuss and negotiate with the selected contractor for any terms and conditions in the proposals including but not limited to financial terms.

b) Reservation of the Right to Change Schedule.

GCS will ultimately determine the timing and sequence of events resulting from this RFP and reserves the right to delay the closing date and time for any phase of the schedule if GCS staff believe that an extension will be in the best interest of the district.

c) Reservation of Right to Amend RFP.

GCS reserves the right to amend or cancel this RFP at any time during the process if it believes that doing so is in the best interest of the district. Any amendment will be sent to each contractor in the form of an Addendum.

Contractors are required to acknowledge their receipt of each amendment by using the Addenda Receipt

Confirmation Form issued for this proposal set forth in Attachment G.

d) Contractor Responsible for Costs.

The contractor is responsible for all costs associated with preparing a proposal, including but not limited to travel, presentations, site inspections, discussions, meetings, or negotiations.

mailto:hinesl@gcsnc.com mailto:gaddyv@gcsnc.com

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e) GCS’ Right to Terminate Discussions.

The contractor’s participation in this process may result in GCS selecting the contractor to engage in further discussions. Further discussions, however, do not signify a commitment by GCS to execute an agreement or to continue discussions. GCS may terminate discussions at any time and for any reason.

f) Requirement for Representation as to Accuracy and Completeness of Proposal.

Each contractor must make the following representations and warranty in its Proposal Cover Letter, “The information contained in this proposal or any part thereof, including its Attachments, Schedules, and other documents and instruments delivered to GCS is true, accurate, and complete, and is intended to provide

GCS with all requested information necessary to evaluate the contractor’s capability to fulfill the specified requirements.”

g) Trade Secrets/Confidentiality.

Upon receipt by the GCS Purchasing Department, your proposal is considered a public record except for material which qualifies as “trade secret” information under N.C. General Statute 66-152 et. seq. Following the receipt of proposals, GCS’ Contracts Evaluation Committee, as well as other GCS staff and members of the general public who submit public records requests will have access to your proposal. To properly designate material as trade secret under these circumstances, each contractor must take the following precautions: (a) any trade secrets submitted by a contractor should be submitted in a separate, sealed envelope marked “Trade Secret-

Confidential and Proprietary Information-Do Not Disclose Except for the Purpose of Evaluating this

Proposal;” and, (b) the same trade secret/confidentiality designation should be stamped on each page of the trade materials contained in the envelope.

In submitting a proposal, each contractor agrees that GCS may reveal any trade secret materials contained in such response to all GCS staff and GCS officials involved in the selection process, and to any outside consultant or other third parties who serve on the evaluation committee or who are hired by GCS to assist in the selection process.

Furthermore, each contractor agrees to indemnify and hold harmless the GCS and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the contractor had designated as a trade secret. Any contractor that designates its entire proposal as a trade secret may be disqualified.

h) Statutory Requirements.

Any contract awarded as a result of this RFP will be in full conformance with all statutory requirements of North

Carolina and all statutory requirements of the Federal Government, to the extent applicable.

i) Additional Evidence of Capability.

Contractors must be prepared to present additional evidence of experience, qualifications, ability, products, service facilities, and financial standing if requested by GCS.

j) No Collusion or Conflict of Interest.

By responding to this RFP, the contractor affirms that the Proposal is not made in connection with any competing contractor submitting a separate response to this RFP and is in all respects fair and without collusion or fraud.

k) Proposal Terms Firm and Irreversible.

The signed proposal is considered a firm offer on the part of the contractor; however, GCS reserves the right to negotiate prices and services. The contractor chosen for an award should be prepared to have its proposal and any relevant correspondence incorporated into the contract, either in part or in its entirety, at GCS’ discretion. GCS wishes to reserve the option to add additional sites to the contract in the future. There is no guarantee this will be done. If additional sites are added to the scope of work, GCS may elect to ask the contractor to submit a quote or negotiate with the contractor on those prices and services already in effect at the time of the service expansion.

l) Proposal Binding for 60 Days.

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Each proposal must be signed by an individual authorized to bind the contractor. The proposal will be deemed a firm offer for a sixty (60) calendar day period from the due date. The proposal must provide the name, title, address, and telephone number of the individual with authority to contractually bind the contractor.

m) Subcontracting.

GCS intends to contract with one contractor. The successful contractor is the prime contractor and will be solely responsible for contractual performance. No subcontractors may be used without approval from GCS. In the event of a subcontracting relationship, the prime contractor will assume all responsibility for the performance of the services that are supplied by the subcontractor. Insurance requirements for all subcontractors are the same as for the prime contractor. Additionally, GCS must be named as a third-party beneficiary in all subcontracts.

n) Use of GCS’ Name.

In submitting a proposal, the contractor agrees not to use GCS’ name as a part of any commercial advertising without prior written approval by GCS. Additionally, contractor must not issue news releases concerning the RFP without the written permission of GCS.

o) Withdrawal for Modification of Proposals.

Contractors may change or withdraw their proposals at any time prior to the stated date and time for receipt of proposals. After the time for receipt of proposals no proposal may be withdrawn for a period of 60 days.

p) Exceptions to RFP.

Other than exceptions that are stated in compliance within this section, each proposal is deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP. An “exception” is defined as the contractor’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP. All exceptions taken must be identified and explained in writing in your proposal and must specifically reference the relevant section(s) of this RFP. If the contractor provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on part of the remainder of the contractor’s solution, must be described in detail.

q) Fair Trade Certifications.

By submission of a Proposal, the contractor certifies that in connection with this procurement:

i) The prices have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with anyone; and

ii) Unless otherwise required by law, the prices which have been quoted in its proposal have not been knowingly disclosed by the contractor prior to opening; and

iii) No attempt has been made or will be made by the contractor to induce any other person or firm to submit or not to submit a proposal for restricting competition.

r) Compliance with Laws.

Each contractor agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules, and regulations applicable to the services covered by this RFP. Each contractor further agrees that it will at all times during the term of the contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include but will not be limited to the Affordable Care Act, Workers’ Compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the

Family and Medical Leave Act (FMLA), and all OSHA regulations applicable to the work covered by this RFP.

s) Clarification of Ambiguities.

Any contractor believing that there is any ambiguity, inconsistency or error in this RFP will promptly notify GCS in writing of such apparent discrepancy. Failure to notify will constitute a waiver of claim of ambiguity, inconsistency or error.

t) Disclaimer.

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Each contractor must perform its own evaluation and due diligence verification of all information and data provided by GCS. The district makes no representations or warranties regarding any information or data provided by GCS.

u) Performance Bond

The successful contractor will provide GCS a 100% performance bond based on the total bid for year one.

10. Services.

The services to be performed are listed in detail in Attachments A, and B. The services must be performed without the need for daily supervision from GCS employees.

11. Term.

The term for the initial agreement is for twelve (12) months or remaining months of fiscal year of contract. GCS reserves the right to renew for up to four (4) consecutive one (1) year terms. GCS reserves the right to extend, renew, or terminate the contract.

12. Award of Contracts.

GCS will award a contract to the contractor who provides the best combination of service and price to the district. The award of the contract will not be based solely on the lowest price. GCS reserves the right to award multiple contractors.

13. Time of Service. A & B

A.) The contractor will perform custodial services each day of the week no earlier than two hours after student dismissal. The GCS Point of Contact will provide dates of GCS holidays and professional development days to the contractor’s Supervisor of Record. The contractor will not be paid for days of work not performed due to holidays, professional development days or inclement weather (no school for students) and will deduct the daily amount proposed by the contractor from the monthly invoice for each day the location is closed. If the contractor does not deduct the amount, the GCS Point of Contact may withhold the daily-proposed amount from the monthly invoice amount paid to the contractor for each day services were not performed.

Time of Service

B.) School Events (sports held in gym/locker rooms, open house, nightly meetings, dances, etc.) contractor hours or cleaning routine will need to be adjusted so that the areas in use will be clean and ready for the next school day. This also will be through communication with schools’ administrators and GCS point of contact.

14. Independent Contractor Status.

The contractor is responsible for hiring, terminating, and otherwise supervising their employees, and will be solely responsible for their pay and any benefits, government forms and reports, social security payments, and other necessary paperwork, all of which will be available to GCS for inspection upon twenty-four (24) hours' notice. The contractor will comply with all state, federal, or local laws, ordinances, codes, rules, or regulations bearing on the conduct of the work including equal opportunity employment laws, OSHA regulations, minimum wage and hour regulations as set forth in the Fair Labor Standards Act, and National Fire Protection Association Regulations. The contractor is responsible for verification of any employee’s eligibility to legally work in the United States.

15. Indemnification.

To the fullest extent permitted by law, the contractor will indemnify, defend and hold harmless the GCS and GCS’s officers, agents and employees from and against any and all loss, damage, obligations, liabilities and expenses

(including reasonable attorney’s fees) that arise directly or indirectly from:

a. Any act(s) of negligence or willful misconduct by contractor or any of its agents, employees or subcontractors (or any allegations or any of the foregoing), including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal; or

b. Any claims seeking payment for labor or materials provided by the contractor under the contract.

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16. Supervisor of Record.

Prior to beginning work, the contractor will provide GCS with the name, address, and mobile phone number for the

Supervisor of Record who will be responsible for supervising the services at any and all locations. The contractor will be required to notify the GCS Point of Contact of any change in the name or contact information for the Supervisor of

Record. GCS will have input in the selection of a Supervisor of Record to be assigned to its facilities and will also retain the right to request the contractor to replace the Supervisor of record for whatever GCS deems sufficient cause.

Upon notice by written request, the contractor will assign a new Supervisor of Record subject to GCS approval.

The contractor will have a designated supervisor on call at all times employees are working. Such supervisor will immediately correct any employee’s misbehavior; either witnessed or reported and will otherwise insure employee compliance with GCS’s Employee Work Rules found in Attachment D and the employer’s own employment rules.

17. Employees.

a) The contractor will employ people who are skilled in the performance of custodial duties. The contractor will screen all applicants through the confirmation of references and a police records check. Contractor employees will at all times maintain a good personal appearance and will conduct themselves in a manner which reflects credit on their employer and GCS.

b) GCS has the right to require immediate removal and replacement of any personnel deemed unsatisfactory by the

GCS Point of Contact, at any time, for any reason.

c) The contractor may not subcontract the work described in this RFP or any part hereof without prior written approval from the GCS Point of Contact.

d) The contractor must conduct criminal background checks on any employee of the vendor who will work at any GCS site. The background checks must extend beyond NC to include each county/state the person has lived in for the last

10 years. All criminal record checks must be provided to GCS upon request.

e) The contractor must conduct drug testing prior to hiring employees who will perform services at GCS sites.

Applicants that fail the drug tests may not be hired to perform services at GCS sites. These results must be available to GCS upon request. Random drug testing must be conducted upon request by GCS.

f) The contractor will recommend for approval by GCS the number of custodial staffs by description required for each school site during the initial year and each subsequent term of the agreement.

g) The contractor will comply with all wage and hours of employment requirements of federal and state laws. The contractor will be responsible for supervising and training personnel. Supervision activities include employee and labor relations, personnel development, and hiring and termination of contractor management and non-management staff.

h) The contractor will provide Workers’ Compensation coverage for its employees.

i) The contractor will instruct and ensure its employees abide by the policies, rules and regulations, with respect to use for GCS’ premises as established by GCS and which are furnished in writing to the contractor. See GCS Employee

Handbook, Attachment E.

j) The contractor will maintain its own personnel and fringe benefits policies for its employees, subject to review by

GCS. The contractor will supply with this proposal a full description of its proposed benefit package, including but not limited to, levels of coverage, co-pay features and any other limitations.

k) The contractor will have the sole responsibility to compensate its employees, including all applicable taxes, insurance and worker’s compensation and will be solely responsible for any losses incurred by GCS, resulting from dishonest, fraudulent or negligent acts on the part of its employees or agents. All contract employees will comply with all the rules of GCS.

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l) The contractor is expected to recommend and establish hours and number of positions by category for contract employees at each school location.

m) GCS will provide sanitary toilet and hand-washing facilities for the employees of the contractor.

n) GCS may request in writing the removal of any employee of the contractor who violates health requirements or conducts themselves in a manner that is detrimental to the wellbeing of GCS.

o) In the event of the removal or suspension of any such employee, the contractor will immediately restructure the custodial staff without disruption of service.

p) The contractor will ensure that all contract personnel assigned to each respective school will be instructed in the use of all emergency valves, switches, and fire and safety devices in the facilities.

18. Work Rules.

Contractors will obey all of the employee rules attached in Attachment B as well as any other regulations established by the GCS Point of Contact. In the event a report is received by the contractor alleging any employee(s) was discourteous, belligerent, and profane or in any way intimidating, either physically or verbally, the contractor will submit a written report to the GCS Point of Contact, outlining the complete details of the incident. This report will include the nature of the incident, time, date, location, and name, address, telephone number of the person alleging the violation. This report will also include the name and title of the contractor’s employee and what disciplinary action, if any, the contract supervisor took. The report should be sent to the following address:

Brandon Haxton – haxtonb@gcsnc.com

Guilford County Schools

(336) 370 – 8940 or GCS cell (336) 317 - 1408

3920 Naco Road

Greensboro, NC 27401

19. Insurance and Bonding.

Prior to commencing the services and throughout the term of the contract, contractor(s) and all subcontractors will provide GCS with certificates issued by its insurance carrier evidencing the insurance coverage described in

Attachment C. The contractor and all subcontractors will maintain such insurance coverage throughout the term of the contract. In the event the vendor fails to procure and maintain each type of insurance set forth on Attachment C at any point during the term of the contract, or in the event the contractor fails to provide GCS with the required certificates of insurance, GCS will be entitled to terminate the contract upon three (3) days written notice to the contractor (unless the contractor cures all such deficiencies and supplies the district with written documentation of such cure by the end of said three-day period).

20. Equipment and Supplies/Materials.

a) Equipment

1) The procurement and maintenance of all equipment required for the successful execution of this contractual obligation will be the Contractor’s responsibility. The district will provide locked storage space, but will not be responsible for losses, which may be incurred due to theft and/or vandalism.

2) Any equipment used on the district’s premises in support of this contract must conform to all governmental agencies’ regulations and guidelines. Additionally, equipment which emits volatile organic compounds

(VOCs) may not be used at any time on District properties.

b) Supplies

1) Chemicals

i. The contractor is responsible for providing a complete list of all chemicals that are going to be used to clean the school/facility. Any other chemicals and supplies that are necessary to fulfill all specifications of the contract. * A listing of all chemicals and equipment which will be used by the successful contractor must be submitted for approval prior to initial service under the contract by the GCS point of contact. Changes may be made only after approval of GCS.

mailto:haxtonb@gcsnc.com

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ii. All chemicals and equipment must meet or exceed EPA/OSHA requirements and commonly recognized safety requirements. Material Safety Data Sheets (MSDS) must be maintained on each job site for all chemicals used in the cleaning processes, with copies given to District personnel and updated regularly.

iii. Chemicals which emit VOCs may not be used at any time on District property.

iv. The Contractor must furnish all needed safety equipment and protective devices necessary for the safety of all building occupants and property of the district. Contractors cannot store propane or gas at any

Guilford County school/site.

v. The district will provide toilet paper, paper towels, garbage bags, and liquid foam soap. GCS will supply floor care chemicals to the contractor (see attachment B).

*All cleaning supplies and materials must be approved by the GCS Point of Contact prior to their being used on any

GCS site.

C.) Exhaust, Supply, Return and Wall Vents contractor is responsible for keeping all vents clean/dusted 12 feet and below.

D.) Lost and Found Contractor is to place all found items (books, folders, clothes, shoes, cell phone, etc.) in designated areas that are prearranged with the school’s administrator.

21. Utilities.

GCS will provide the contractor with utilities (water, electricity, etc.) necessary for the performance of the required services and pay all expenses for utilities. The contractor will participate in energy awareness training and support

GCS’s energy conservation efforts. The contractor will be responsible for training their employees.

22. Training.

The contractor will provide all custodial training. This training must follow the current GCS custodial training program, including but not limited to Chemical Hazardous Communication, Asbestos Awareness, Blood Borne Pathogens and

Equipment Handling. The contractor will be responsible for any required additional training for all employees.

Documentation of training must be maintained on site. GCS will review the contractor’s training program on an annual basis. The contractor will ensure that GCS and/or contractors employees assigned to each respective site are instructed and knowledgeable in the use of all emergency valves, switches, fire and safety devices in all facilities. All training programs must be reviewed and approved by GCS prior to implementation.

23. Inspections. – (See Attachment I)

The contractor’s Supervisor of Record will be required to make a formal inspection at each facility weekly and report any deficiencies found to the GCS Point of Contract. GCS will have the right to conduct unscheduled inspections at any time. The GCS representative (custodial specialist) will inspect all facilities under the terms and conditions of the contract on a monthly basis. The inspections will be unscheduled by GCS without prior notice to the contractor. After the inspection is completed, the contractor will receive a copy via email. If the site falls below standard on the initial inspection, the contractor will have ten (10) days to bring the facility up to GCS standard. A follow-up inspection will be conducted at the end of ten (10) days. If the facility is not brought to standard in ten days, GCS will bring the building up to standard and charge the contractor for all costs associated with bringing the building to the standard level of cleanliness.

24. References.

Contractor’s will include with the response to the RFP, five (5) references from contracts similar in size and scope of services to those outlined in Attachment A. Contractor references will be from existing contracts and will include the following information: contractor name, contractor address, contact name, contact phone number, and contact e-mail.

References should be listed on Attachment H titled Custodial Services References. References must contain at least two school districts similar in scope and size to GCS. Contractors must list all contracts canceled or non-renewed during the last five years.

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25. Proposal Evaluation Criteria.

The Evaluation Committee will review the proposals to ensure conformance with the requirements of this RFP and to select the contractor(s) that best meets GCS’s needs. Failure to meet these requirements may result in rejection of the contractor’s proposal. The Evaluation Committee may waive irregularities if, in its judgment, to do so would be in the best interest of GCS.

Responses to the RFP will be the primary source of information used in the evaluation process. Therefore, contractors are advised to be as thorough as possible in their proposals. GCS reserves the right to: (1) contact a contractor to clarify any response; (2) contact any current or past users of a contractor’s Services; and (3) solicit information from any available source concerning any aspect of a contractor’s response.

The evaluation criteria that will be used by the Evaluation Committee are in section . GCS reserves the right to modify the evaluation criteria or waive portions thereof.

• Compliance with the terms, conditions, requirements, and specifications stated in this RFP;

• Reputation and customer references regarding the contractor’s performance of custodial services for similarly situated organizations, particularly in the government and public-school sector;

• Previous experience in performing custodial work for organizations with needs similar to the districts;

• Cost effectiveness and value of the proposal.

26. GCS’ Contracting Requirements.

GCS will enter into a contract with the successful contractor that contains the terms and conditions set forth in this

RFP. Each contractor must state specifically in its proposal any exceptions to the terms and conditions included in this

RFP and any proposed additional terms or conditions deemed important by the contractor. GCS will consider exceptions and proposed additions during the evaluation and selection process. Any terms and conditions to which the contractor does not specifically object will be incorporated into the contracts. Notwithstanding the foregoing, GCS reserves the right to change the proposed contractual terms and conditions prior to or during contract negotiations if it is in GCS’s best interest to do so.

The terms and conditions set forth in this RFP are not all inclusive. GCS will have the option to propose additional terms and conditions based on the responses to this RFP and GCS’s analysis of the successful contractor’s Proposal.

The contractor represents and warrants that:

a) It is a business, (if a corporation) duly incorporated, validly existing and in good standing under the laws of the state of North Carolina and is qualified to do business in North Carolina;

b) It has all the requisite corporate power and authority to execute, deliver and perform its obligations under the contract;

c) The execution, delivery, and performance of the contract have been duly authorized by vendor;

d) No approval authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under the contract;

e) In connection with its obligations under the contract, it will comply with all applicable federal, state and local laws and regulations and will obtain all applicable permits and licenses; and

f) The contractor will not violate any agreement with any third party by entering into or performing the contract.

27. Termination.

a) Termination without Cause.

GCS may terminate the contract at any time without cause by giving thirty (30) days written notice to the contractor.

b) Termination for Default by Either Party.

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By giving written notice to the other party, either party may terminate the contract upon the occurrence of one or more of the following events:

1) The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in the contract, such failure or violation will not be cause for termination if both of the following conditions are satisfied; (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or

2) The other party attempts to assign, terminate or cancel the contract contrary to the terms hereof; or

3) The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under the contract will continue) or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.

Any notice of default will identify this Section of the contract and will state the party’s intent to terminate the contract if the default is not cured within the specified period.

c) Additional Grounds for Default Termination by the GCS.

By giving written notice to the contractor, the GCS may also terminate the contract upon the occurrence of one or more of the following events (which will each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):

i) Failure to perform the duties as described in the RFP and documented by the GCS Point of Contact at any location, for more than five (5) workdays in any month during the contract; or

ii) The contractor makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with the contract, contractor’s proposal, or any covenant, agreement, obligation, term or condition contained in the contract; or

iii) The contractor takes or fails to take any action, which constitutes grounds for immediate termination under the terms of the contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by the contract; or failure to provide the proof of insurance as required by the contract.

d) Obligations upon Expiration or Termination.

Upon expiration or termination of the contract, the contractor will promptly return to GCS for all keys, security codes, cleaning supplies and equipment that are owned by the district.

28. Substitute Performance.

If the contractor fails to meet the obligations as set forth in this RFP, GCS may, after submitting written notice to contractor, take any of the following actions with or without terminating the contract, and in addition to and without limiting any other remedies it may have:

a) Employ such means as it may deem advisable and appropriate to continue operations until the matter is resolved, and the contractor is again able to perform its obligations under the contract; and

b) Deduct any and all expenses incurred by GCS in continuing the work from any money then due or to become due to the contractor and, should GCS’s cost of continuing the operation exceed the amount due the contractor, collect the amount due from the contractor.

29. Other Remedies.

Upon termination of the contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein will be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedies.

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30. No Suspension.

In the event that GCS disputes in good faith an allegation of default by the contractor, notwithstanding anything to the contrary in the contract, the vendor agrees that it will not terminate the contract or suspend or limit the services outlined in Attachment A, B and C supplied by the contractor, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.

31. Authority to Terminate.

The Director of Building Services and Facilities is authorized to terminate the contract on behalf of GCS.

32. No Effect on Taxes, Fees, Charges, or Reports.

Any termination of the contract will not relieve the vendor of the obligation to pay any fees, taxes or other charges then due to local or state governments, nor relieve the contractor of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the vendor from any claim for damages previously accrued or then accruing against the vendor.

33. Cancellation of Orders and Subcontracts.

In the event the contract is terminated by GCS for any reason, prior to the end of the term, the contractor will upon termination immediately discontinue all service in connection with the contract and promptly cancel all existing orders and subcontracts that are chargeable to the contract. As soon as practicable after receipt of notice of termination, the vendor will submit a statement to GCS showing in detail the services performed under the contract to the date of termination.

34. Damage to Equipment or Facilities.

The contractor will be responsible for any damage to or loss of GCS equipment or facilities arising out of an act or omission of the vendor or its authorized user.

35. Relationship of the Parties.

The relationship of the parties established by the contract is solely that of independent contractors, and nothing contained in the contract will be construed to (i) give any party the power to direct or control the day-to-day activities of the other; or (ii) constitute such parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; of (iii) make either party an agent of the other for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, to act form bind, or otherwise create or assume any obligation on behalf of the other.

The contractor will be fully and solely responsible for its own acts, omissions, and those of its employees, officers, agents, and subcontractors. All personnel supplied by the contractor or subcontractors will be considered by employees or agents of the contractor. The contractor will be responsible for the payment of all salaries, withholding taxes, worker’s compensation, disability benefits and other compensation and related taxes for such persons.

36. Drug Free Workplace.

The contractor will provide a drug-free workplace during the performance of the contract. This obligation is met by:

a) Notifying contractor employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the vendor’s workplace and specifying the actions that will be taken against vendor employees for violations of such prohibition.

b) Establishing a drug-free awareness program to inform contractor’s employees about (i) the dangers of drug abuse in the workplace, (ii) the contractor’s policy for maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;

c) Notifying each contract employee that as a condition of employment, the contractor employee will (i) abide by the terms of the prohibition outlined in (37.a) above, and (ii) notify the contractor of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction;

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d) Notifying GCS within ten (10) days after receiving from a contract employee a notice of a criminal drug statute conviction or after otherwise receiving actual notice of such conviction.

e) Imposing a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation, or abuse program by, a contract employee convicted of drug crime; and

f) Making a good faith effort to continue to maintain a drug-free workplace for employees.

Failure to comply with the above drug-free workplace requirements during the performance of the Agreement will be grounds for suspension, termination, or debarment.

37. Notices.

Any notice, consent or other communication required or contemplated by the contract will be in writing, and will be emailed to the intended recipient at the address set forth below:

For GCS

Velicia Moore, Director-Purchasing gaddyv@gcsnc.com

Notice will be effective upon the date of receipt by the intended recipient provided that any notice which is sent by fax or electronic mail must also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it will become effective.

38. Non-Discrimination.

a) The contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin, or disability.

b) The contractor agrees that it will inform GCS of any alleged violation(s) of employment practices involving any employees who work on the contract which are asserted in any claims filed with the Equal Opportunity

Commission, Labor Department or any federal or state compliance agency. The contractor will also inform GCS of the final disposition of such cases.

39. Miscellaneous.

a) Entire Agreement.

The contract and the contract documents, including all Attachments and the Statement of background and Intent, all of which will be incorporated herein by reference, constitute the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings, or agreements between the parties with respect to such subject matter. This contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.

b) Amendment.

No amendment or change will be valid unless in writing and signed by both parties to the contract.

c) Governing Law and Jurisdiction.

The parties acknowledge that the contract is made and entered into in Guilford County, North Carolina interpretation and enforcement of the contract and any other matters relating to the contract (all without regard to North Carolina conflicts of law principles). The parties further agree that any and all legal actions or proceedings relating to the contract will be brought in a state or federal court sitting in Guilford County, North

Carolina. By execution of the contract, the parties submit to the jurisdiction of said courts and hereby irrevocably waive any and all objections, which they may have with respect to venue in any court sitting in

Guilford County, North Carolina.

mailto:gaddyv@gcsnc.com

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d) Binding Nature and Assignment.

The contract will bind the parties and their successors and permitted assigns. Neither party may assign the contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party will be void.

e) GCS Not Liable for Delays.

It is agreed that GCS will not be liable to the contractor, its agents, representative, or any subcontractor for or on account of any stoppages or delay in the performance of any obligations of the GCS or any other party hereunder.

f) Force Majeure.

The contractor will not be excused from performance under the contract by virtue of force majeure events. The contractor will take precautions sufficient to ensure that force majeure events (including but not limited to fire, flood, earthquake, hurricane, elements of nature, strikes, labor disputes, and acts of God) do not result in any failure or delay in the performance of the contractor’s obligations pursuant to the contract, Failure to comply with this provision will constitute a default under the contract, and grounds for immediate termination.

The contractor will not be liable for any failure or delay in the performance of its obligations pursuant to the contract and such failure or delay will not be deemed a default of the contract or grounds for termination hereunder if all of the following conditions are satisfied in that such failure or delay:

• Could not have been prevented by reasonable precautions.

• Cannot reasonably be circumvented by the non-performance party through the use of alternate sources, work-around plans, or other means; and

• If, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order.

• An event, which satisfies all of the conditions set forth above, will be referred to as a “Force Majeure

Event.” Upon the occurrence of a Force Majeure Event, the contractor will be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the vendor continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.

• Upon the occurrence of a Force Majeure Event, the contractor will immediately notify GCS by telephone

(to be confirmed by written notice within two (2) days if the inception of the failure or delay) of the occurrence of a Force Majeure Event and will describe in reasonable detail the nature of the Force Majeure

Event. If any Force Majeure Event prevents vendor from performing its obligations for more than five (5) days, GCS will have the right to terminate the contract by written notice to the contractor.

g) Severability.

The invalidity of one or more of the phrases, sentences, clauses or sections contained in the contract will not affect the validity of the remaining portion of the contract so long as the material purposes of the contract can be determined and effectuated. If any provision of the contract is held to be unenforceable, then both parties will be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and the contract will be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.

h) No Publicity.

No advertising, sales promotion or other materials of the contractor or its management or its agents or representatives may identify or reference the contract with GCS in any manner without the district’s prior written consent. As, a condition of entering into the contract, the contractor further agrees to refrain from making any statement to the media regarding the subject matter of the contract or GCS’s position on any issue

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