Bid Number: RFQ 1029-2026 Bid Title: Patriot park Category: Construction Services Status: Open

Description:

Request for Qualifications

Lincoln County, North Carolina

RFQ No. __1029-2026_________

1. INTRODUCTION.

Lincoln County is requesting that qualified firms and organizations submit a Statement of Qualifications to provide professional design services for a passive park on the grounds of the new East Lincoln Branch Library located at 5124 NC HWY 73, Iron Station, NC 28080.

The purpose of this project is to develop a new multigenerational recreation space in the shared project with the newly completed East Lincoln Branch Library. We envision library visitors coming to the park and vice versa. The park space will be host to youth and families enjoying the playground and trails, seniors looking for outdoor recreation and exercise, participants enjoying special events held at the park and more. The project is planned for a multi-phased construction where visitors will see the full park plan take shape.

Submittal information, scope of services, statement of qualifications content, selection process, and general terms and conditions are summarized in this request for qualifications.

2. SUBMITTAL INFORMATION.

3. Due Date. Statements of qualifications shall be submitted no later than 5:00 PM on

10-29-2026.

3. Submit To. Submit statements of qualification addressed to:

LINCOLN COUNTY MANAGER’S OFFICE

C/O NOLAN LOCKLEAR, PURCHASING AGENT

353 N. GENERALS BLVD.

LINCOLNTON, NC 28092

Phone: 704-736-8478

Email: Nolan.Locklear@lincolncountync.gov

3. Label of Submission. Submit information in a sealed package clearly marked with the following information:

Response to RFQ No. _1029-2026______

Patriot Park

Lincoln County, North Carolina

3. Quantity and Format. Provide one (1) electronic copy in PDF format on a flash drive. Responses shall be limited to 40 pages total including a cover letter, cover, and separation pages or tabs.

3. Questions, Clarification, and Interpretation. All questions, clarifications, discrepancy in, or omissions and interpretation concerning this request for qualifications shall be submitted in writing no later than 5:00 pm 10-19-2026 by email, to Nolan.Locklear@lincolncountync.gov .

The County will issue addenda in response to questions and to provide clarifications before 5:00 pm, 10-23-2026. No contact shall be made with County personnel other than the contact listed above for Questions, Clarifications, and Interpretation. The County will not be responsible for any oral representations or instructions.

3. SCOPE OF SERVICES.

https://www.lincolncountync.gov/bids.aspx?bidID=331&PRINT=YES https://www.lincolncountync.gov/bids.aspx?bidID=331&PRINT=YES

The scope of work awarded under this qualification process includes performance of architectural, engineering and construction phase services associated with the design and construction of a passive park on approximately 40 acres.

The Respondent shall provide phased professional services necessary to support successful project delivery, including project management, planning and concept refinement, design and permitting, and bidding and construction administration services. Further, the Respondent shall be responsible for coordinating all required subconsultants and technical disciplines necessary to deliver the project.

Deliverables shall include, as applicable, technical memoranda, meeting materials, concept exhibits, opinions of probable construction costs, permit applications, design documents, specifications, bidding documents, and construction administration documentation necessary to support implementation of the Project.

This Scope of Services is intended to establish a general framework for the project. The County reserves the right to modify, eliminate, defer, combine, or add tasks based on project findings, stakeholder input, regulatory requirements, funding availability, procurement considerations, or ongoing project evaluation.

Advancement between phases and authorization of subsequent services shall be at the sole discretion of the County and subject to project feasibility, funding availability, successful scope and fee negotiations, and any required approvals. The County reserves the right to authorize services incrementally and to suspend, defer, or discontinue work at the completion of any phase.

The western side of the Park will include:

Administrative Building (~4000 sq feet) to include 4 offices, a multipurpose meeting space, interior restrooms, interior storage, and exterior restrooms for park users.

Accessible Playground with pour in place or turf surface.

Freedom charter and garden plaza space

Paved walking trail throughout property and connecting to existing wooded trails

Entrance drive and parking for park visitors

Amphitheater to accommodate musical performances/movies/theater events

Add – Alternate – 8000 sq ft paved pump track

The eastern portion of the Park will include:

Entrance from Hwy 73

Parking

Restroom building with storage space

Pickleball Courts

Tennis Courts

2 Half Court Basketball

Court Lighting

Paved trail connection to existing wooded trails.

3. Scope Parameters. If a Respondent identifies an additional element not included in this RFQ, which in its judgment would be essential to accomplish the intended objectives as articulated in this RFQ, the Respondent should identify this element in its proposal and explain in detail why the County should consider including this element within the scope of services. Conversely, if a Respondent identifies a task within the RFQ that it believes could be modified or deleted without impacting the objectives of the RFQ, the Respondent should provide an explanation as to why the task should be deleted or modified. The County reserves the right to accept or reject all additions, deletions or modifications recommended.

2. STATEMENT OF QUALIFICATIONS CONTENT.

A Statement of Qualifications shall include the following information:

Company overview;

Length of time in business doing type of work described in RFQ;

Summary of qualifications, technical competence, and experience;

Description of the proposed project understanding and approach;

Primary office location for services and availability of project personnel;

List of proposed sub-consultants for potential design work, particularly as they relate to structural, electrical and soil bearing capacity of the proposed sites.

Listing of similar projects;

3. RESPONDENT’S RESPONSIBILITIES.

It is the Respondent’s responsibility to meet the entire intent of these specifications.

Respondents shall carefully examine the terms of this document and shall judge for themselves all the circumstances and conditions affecting their proposal. Failure on the part of any Respondent to make such examination and to investigate thoroughly shall not be grounds for any declaration that the Respondent did not understand the terms and conditions herein. The County of Lincoln shall not be liable for any costs associated with the preparation, transmittal, or presentation of any response or materials submitted in response to the RFQ. It is the responsibility of each Respondent to: 1) Examine the RFQ documents thoroughly; 2) Consider federal, state and local laws and regulations that may affect the proposal and 3) consider and investigate any other legal, regulatory and or financial issues that the Respondent feels should be addressed related to the award of the intended contract.

4. SELECTION PROCESS.

The County will review the submittals based on, though not limited to, the above criteria.

After review of qualifications, the County may interview select Respondents or may make a direct selection from the proposals received.

The County reserves the right to negotiate and contract with the Respondent(s) deemed suitable to provide the requested services. The County reserves the right to reject any and all statements of qualifications and to evaluate at its discretion the statements of qualifications. The County reserves the right to award the contract based on the selection criteria and according to the statements of qualifications and demonstrated knowledge and ability which best serves the County and its interests.

As used herein, “Contractor” shall refer to the party contracting with Lincoln County (the “County”) pursuant to the Contract, Agreement or Proposal (the “Contract”) made pursuant to the Lincoln County Purchasing and Procurement Policy, of which these Terms and Conditions have been made part thereof.

1. NON-APPROPRIATION CLAUSE. Contractor acknowledges that the County is a governmental entity, and the validity of the Contract is contingent upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are not available and not appropriated for the performance of the County’s obligations under the Contract, then the Contract shall automatically terminate without penalty to the County upon thirty (30) days written notice by the County to the Contractor regarding the non-appropriation of public funds. It is expressly agreed that the County shall not activate this non-appropriations clause for its convenience or to circumvent the County’s obligations under the Contract, but only as an emergency fiscal measure which affects its governmental operations.

2. AVAILABILITY OF FUNDS. Any and all payments to the Contractor are dependent upon and subject to the availability of funds of the County for the purpose set forth in the Contract.

3. DEFAULT AND PERFORMANCE BOND. In the case of default by the Contractor, the County may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Lincoln County reserves the right to require performance bond or other acceptable alternative guarantees from Contractors without expense to the County, as allowed by law.

a. Bankruptcy of Contractor, Service Provider or Vendor. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, Lincoln County may immediately terminate, for cause, this Contract and all other existing contracts between the Contractor and the County. Further, it shall debar the Contractor from doing future business with the County.

4. GOVERNMENTAL RESTRICTIONS. In the event any governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Contractor to notify the County immediately, in writing, indicating the specific regulation which required such alterations. Lincoln County reserves the right to accept any such alterations, including any price adjustments related thereto, or to terminate the Contract as provided herein.

5. TAXES. Any applicable taxes shall be invoiced as a separate item. By execution the Contract, the Contractor has certified that it and all of its affiliates, if applicable, shall be responsible for the collection of appropriate taxes as required by law.

6. GOVERNING LAWS AND VENUE. The Contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. Any dispute or litigation arising from this Contract shall be filed in state courts located in Lincoln County, North Carolina or the federal courts of the Western District of North Carolina. In no circumstances shall the County be required to participate in arbitration surrounding a dispute arising under the Contract.

7. NO COLLUSION OR CONFLICT OF INTEREST. The Contractor represents and warrants that no bid or any other proposal, related to this Contract, was made in connection with any competing Contractor who submitted a separate bid or proposal to the County for this specific project, and that this Contract is in all respects fair and without collusion or fraud.

8. INSPECTION AT CONTRACTOR’S SITE. The County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Contractor prior to awarding any contract, and during the Contract term, as necessary for the County’s determination that such equipment/item, plant or other facilities conform with the specifications and requirements required and are adequate and suitable for the proper and effective performance of the Contract.

9. PAYMENT TERMS. Payments are due to the Contractor not later than thirty (30) days after receipt of a final invoice or the acceptance of goods by the County, whichever is later.

10. AFFIRMATIVE ACTION. The Contractor shall take affirmative action in complying with all federal and state requirements concerning fair employment, employment of people with disabilities, and treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. More specifically, Title VI is part of the Civil Rights Act of 1964, as amended, and its implementing regulations provide that no person shall be subject to discrimination on the basis of race, color or national origin under any program or activity that receives federal financial assistance. For our purposes, “national origin” equates to individuals who have a limited proficiency with the English language and their primary language is not English, hence, the term “limited English proficiency” or LEP.

11. STANDARDS. All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

12. PATENT. The Contractor shall hold harmless the County, its officers, agents and employees, from liability of any kind, including costs and expenses, on account of the violation or misuse of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of the Contract, including use by the government.

1. ADVERTISING. Contractor agrees not to use the existence of this Contract or the name of Lincoln County as part of any commercial advertising, unless the County provides an allowance of such, in writing.

2. ASSIGNMENT.The Contractor shall be prohibited from assigning its obligations under the Contract and shall be prohibited from assignment of Contractor’s right to receive payment hereunder. However, upon written request and solely as a convenience to the Contractor, the County may:

a. Forward the Contractor’s payment directly to any person or entity designated by the Contractor, and

b. Include any person or entity designated by contractor as a joint payee on the Contractor’s payment.

c. However, in no event shall such approval and action obligate the County to anyone other than the Contractor, and the Contractor shall remain responsible for fulfillment of all Contract obligations.

3. INSURANCE COVERAGE and GENERAL REQUIREMENTS. During the term of the Contract, the Contractor, at its sole cost and expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with this Contract. As a minimum, the Contractor shall provide and maintain the following coverage and limits:

a. Workers’ Compensation – The Contractor shall provide and maintain Workers’ Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of One-Hundred and Fifty Thousand Dollars ($150,000.00), covering all employees of Contractor engaged in any work under the Contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract and shall require subcontractor to provide written proof of said coverage, for inspection by the County, if requested.

b. Commercial General Liability - Contractor shall maintain Commercial General Liability insurance, including coverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, and One Million Dollars ($1,000,000.00) annual aggregate. The limits may be satisfied by a combination of primary and excess insurance. The coverage shall be written on an occurrence basis.

c. Automobile Insurance Coverage - At all times while the Contractor’s representatives are conducting on-site work, the Contractor shall maintain Business Auto insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage liability. The limit may be satisfied by a combination of primary and excess insurance.

d. General Insurance Requirements:

i. Prior to beginning the work, Contractor shall provide written evidence of insurance as requested by the County to confirm that these insurance requirements are satisfied. Contractor shall provide certificates of insurance to the County as evidence of the required coverage. Contractor agrees to provide complete copies of policies if requested. Either the failure of Contractor to provide timely evidence of insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Contractor’s delaying performance, which shall entitle the County to all appropriate remedies under the law including termination of the Contract.

j. quirements require subcontractor to provide written proof of said coverage, for inspection by the

k. Lincoln County shall be named as an additional insured under Contractor’s automobile and general liability insurance. In the event of a loss arising out of , or relating to the Contractor’s services performed under this Agreement, Contractor’s Liability insurance shall be primary (pay first) with respect to any other insurance which may be available to the County, regardless of how the “other insurance” provisions may read.

l. The workers compensation policy as required herein must contain a waiver of subrogation in favor of the County.

m. Contractor shall be responsible for insuring all of his/her own personal property, improvements, and betterments.

n. All insurance policies put forth to satisfy the above requirements shall require the insurer to provide a minimum of thirty (30) days written notice to the County of any material change in coverage, cancellation, or non-renewal.

o. All insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the State of North Carolina. Any deductibles or self-insured retentions in the required insurance shall be subject to approval by the County.

4. GENERAL INDEMNITY. The Contractor shall hold and save Lincoln County, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this Contract and that are attributable to the negligence or intentionally tortuous acts of the Contractor provided that the contractor is notified in writing within 30 days that the County has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against Lincoln County’s agents who are involved in the delivery or processing of contractor goods to the County. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. If this Contract is a Construction Agreement or Design Professionals Agreements as defined by N.C.G.S. §22B-1(f) then Section 18 will apply. Lincoln County shall not be responsible for indemnifying the Contractor, unless specifically required by law.

5. INDEMNITY FOR CONSTRUCTION AGREEMENTS OR DESIGN PROFEFSSIONALS

AGREEMENTS. The Contractor shall hold and save Lincoln County, its officers, agents, employees, independent contractors, indemnitees or any other person or entity harmless from liability of any kind, including all claims and losses accruing or resulting from the performance of this Contract, if this Contract is a Construction Agreement or Design Professionals Agreement as defined herein, so long as the fault of the Contractor or its derivative parties is a proximate cause of the loss, damage, or expense indemnified (N.C.G.S. §22B-1). This shall include the Contractor’s duty to indemnify the County as to any attorneys’ fees, litigation or mediation expenses, or court costs actually incurred by the County to defend against any third party claims alleged in any court, tribunal or alternative dispute resolution procedure required by law or contract, if the fault of the Contractor or its derivative parties is a proximate cause of the attorneys’ fees litigation or arbitration expenses, or court costs to be indemnified. Lincoln County shall not be responsible for indemnifying the Contractor, unless specifically required by law.

6. For the purposes of this section, a Construction Agreementis defined as any promise or agreement in, or in connection with, a contract or agreement relative to the design, planning, construction, alteration, repair, or maintenance of a building, structure, highway, road, appurtenance, or appliance, including moving, demolition, and excavating connected therewith.

For the purposes of this section, a Design Professional Agreement is any promise or agreement in, or in connection with, a contract or agreement with a design professional to provide design professional services, which is service or work performed by a Design Professional.

For the purposes of this section, Design Professional is defined as a person or entity who is licensed as architects (Chapter 83A), landscape architects (Chapter 89A), engineers and land surveyors (Chapter 89C), geologists (Chapter 89E), and soil scientists (Chapter 89F).

1. CONTRACT TERM LENGTH. The duration of the Contract shall be provided in the terms of the Contract. If no term is defined in the Contract, then the Contract shall be for a term of twelve

(12) months. The Contract may be extended, upon agreement of the parties, for up to a total of five years from the original execution date. The Contract term shall not automatically renew unless specifically stated therein.

2. CRIMINAL CONVICTIONS CHECKS. Lincoln County is committed to providing a crime free environment for its staff and citizens. If the contractual requirements require that your personnel will have access to various areas of Lincoln County Facilities, the County reserves the right to require criminal convictions check on owners, officers, employees and any other workers of the Contractor and their subcontractors at any time upon written request. If requested, the Contractor shall be required to provide copies of all checks done for each employee or subcontractor that is required to have access to Lincoln County Facilities. During the term of the

Contract, the Contractor is required to perform the above-described checks for any new employees that are assigned to work on County Facilities. The County reserves the right to restrict access to any person from being assigned to its property based on a criminal conviction check.

3. EMPLOYEE VERIFICATION. Contractor shall verify and provide photo identification of each of its employees, and require the same of any subcontractors hired by Contractor.

Contractor, at all times that it is subject to this Contract, or any other contract with Lincoln County shall comply, to the extent applicable, with Article 2 of Chapter 64 of the North Carolina General Statutes, and shall further ensure that any subcontractors performing work for Company shall at all times comply with Article 2 of Chapter 64 of the North Carolina General Statutes.

Contractor shall further execute an affidavit on a form provided by Lincoln County averring such compliance as stated herein.

4. IRAN DIVESTMENT ACT. For all Contracts with Lincoln County on or after February 26, 2016, each bidder or vendor must affirm that it is not listed on the State Treasurer’s Final Divestment List. The certification is due at the time a bid is submitted or the time a Contract is entered into, renewed, or assigned pursuant to N.C.G.S. §147-86.55-69. Any individual or entity on this list shall be ineligible to contract or subcontract with Lincoln County. Pursuant to N.C.G.S. § 147-86.61(a) contracts valued at less than $1,000.00 are exempt from this restriction.

In addition, Lincoln County may contract with, but is not required to, a listed individual or company if it makes a good-faith determination that (1) the commodities or services are necessary to perform its functions and (2) that, absent such an exemption, it would be unable to obtain those commodities or services. Any such exemption shall be noted by Lincoln County into the record. It shall be the Contractor’s responsibility to monitor its compliance with this restriction.

7. 1. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. For all Contracts with Lincoln County on or after October 1, 2017, each bidder or vendor must affirm that it is not listed on the State Treasurer’s Final Divestment List. The certification is due at the time a bid is submitted or the time a Contract is entered into, renewed, or assigned pursuant to N.C.G.S. §147- 86.55-69. Any individual or entity on this list shall be ineligible to contract or subcontract with Lincoln County. Pursuant to N.C.G.S. § 147-86.61(a) contracts valued at less than $1,000.00 are exempt from this restriction. In addition, Lincoln County may contract with, but is not required to, a listed individual or company if it makes a good-faith determination that (1) the commodities or services are necessary to perform its functions and (2) that, absent such an exemption, it would be unable to obtain those commodities or services. Any such exemption shall be noted by Lincoln County into the record. It shall be the Contractor’s responsibility to monitor its compliance with this restriction.

2. ADDITIONAL ADDENDUMS. The following addendums shall apply to specific types of Contracts as provided for herein. If any provision in the Addendum shall conflict with these terms or the terms of the Contract, then the Addendum shall apply.

a. Addendum A shall apply to all Term Contracts.

A Term Contract is defined as an agreement between the County and a Contractor that specifies a time frame for the Contract to be in effect.

b. Addendum B shall apply to all Purchase of Goods Contracts.

A Purchase of Goods Contracts is an agreement between the County and a Contractor that outlines the terms and conditions for the sale of goods.

c. Addendum C shall apply to all IT Contracts.

An IT Contract is an agreement between the County and the Contractor for the provision of information and communications technology (including hardware, software, databases) services and maintenance services to the County.

The following Addendum applies to this Contract:

? Addendum A – Term Contracts

? Addendum B – Purchase of Goods Contracts

? Addendum C – IT Contracts

CONTRACTOR ACCEPTANCE:

LINCOLN COUNTY:

By: ______________________________

Name: ______________________________

Title: ______________________________

By: ______________________________

Title: ______________________________

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

Deanna Rios, Finance Director

General Terms and Conditions

Addendum A

Term Contracts

In addition to the General Terms and Conditions which are applicable to this Contract, the following specific provisions shall apply to this Contract, as this Contract is deemed a Term Contract.

1. CANCELLATION. All Contract obligations shall prevail for at least ninety (90) days after the effective date of the Contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, the Contract may be canceled in whole or in part by either party by giving thirty (30) days prior notice in writing to the other party.

2. QUANTITIES. The award of a Term Contract neither implies nor guarantees any minimum or maximum purchases thereunder.

3. PRICE ADJUSTMENTS.Any price changes, increase or decrease, which might be permitted during the Contract term, must be general, either by reason of market change or on the part of the Contractor to other customers.

a. Notification: Notice must be provided to the County in writing, concerning any proposed price adjustments. Said notice shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature.

b. Decreases: If there are price adjustments that are considered a decrease in price, then the County shall receive full proportionate benefit immediately, at any time during the Contract period.

c. Increases: All prices shall be firm against any increase for the initial 180 days from the effective date of the Contract. After this period, a request for increase may be submitted with the County reserving the right to accept or reject the increase or to terminate the Contract. Such action by Lincoln County shall occur not later than 15 days after the receipt by Lincoln County of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

d. Invoices: It is understood and agreed that orders will be shipped at the established Contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the Contract to cancellation.

Addendum B

Purchase of Goods Contracts specific provisions shall apply to this Contract, as this Contract is deemed a Purchase of Goods Contract.

1. CONDITION AND PACKAGING. Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been previously sold or used for any purpose other than that contracted for herein and shall be in first class condition.

All containers and/or packaging shall be suitable for handling, storage or shipment.

Title: ______________________________

Addendum C

IT Contracts specific provisions shall apply to this Contract, as this Contract is deemed an IT Contract.

1. CYBER LIABILITY INSURANCE. Contractor shall maintain cyber liability insurance in the minimum amount of $1,000,000 per occurrence, including third-party coverage for incidents or associated impacts caused directly or indirectly by the third party.

Given the indirect risk to Lincoln County by entering into an Information Technology related contract with a Contractor, Lincoln County seeks to only select vendors that are aware of and maintain a healthy overall security posture with regard to public facing technical assets. To measure this, Lincoln County will pull a Security Score Card Report prior to full execution and approval of the Contract, with quarterly review thereafter. Should the report indicate a rating below seven hundred and twenty (720), Contractor agrees to continually work to improve their rating and to mitigate the risk to Lincoln County and the following stipulations shall apply:

a. Rating between 820-720. Cyber Liability insurance coverage shall be $1,000,000 or higher

b. Rating between 719-619. Cyber Liability insurance coverage shall be $2,000,000 or higher.

c. Rating between 618-520. Cyber Liability insurance coverage shall be $3,000,000 or higher.

d. Rating between 519-420. Cyber Liability insurance coverage shall be $4,000,000 or higher

e. Rating below 419. Cyber Liability insurance coverage shall be $5,000,000 or higher

In the event Contractor’s rating decreases during the term of the contract, Contractor shall purchase additional insurance coverage to meet the above requirement and provide a new certificate of insurance to Lincoln County.

2. BREACH NOTIFICATION AND ASSOCIATED COSTS. Where a security breach or unauthorized release, as defined in N.C. Gen. Stat. § 75-61(14), or in any other state or federal regulation, is attributed to Contractor during the term of this Contract, Contractor shall promptly notify Lincoln County, whether the breach relates to this Contract or not. In the event the security breach relates to this Contract, Contractor shall be responsible for providing notice to every affected person that there has been a security breach following discovery or notification of the breach as required under N.C. Gen. Stat. §75-65. Contractor shall pay for or promptly reimburse Lincoln County for the full cost of the notifications, including any associated legal fees, either through Contractor’s Cyber Liability insurance provider or through their own entity funds.

3. IP ADDRESS. Contractor is required to disclose its public facing IP addresses for review by County prior to entering into this contract.

4. REMEDIATION. Contractor shall remediate any public facing vulnerabilities within the Contractor’s infrastructure with a CVSSV3 score of higher than 8.5 and close any high-risk network ports related to LDAP-LDAPS, RDP, SQL, and SMB prior to entering into this contract and keep them closed throughout the term of this contract.

Publication Date/Time:

9/29/2026 8:00 AM

Closing Date/Time:

10/29/2026 5:00 PM