IFB #251-26-130_Bi-Directional Antenna Systems_FINAL.pdf

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Memorandum from Purchasing Department

Letter of Instruction for RFP #251-26-130

To: Prospective Parties

Thank you for your interest in the Wake County Public School System. Please review the following instructions prior to submitting your proposal.

● Prior to submitting and executing the proposal, please make sure you read and understand the terms and conditions referenced. All proposals are subject to the terms and conditions outlined herein. All responses will be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror’s response will be waived and have no effect either on this Request for

Proposals or on any contract that may be awarded resulting from this solicitation. The attachment of any other terms and conditions by the Offeror may be grounds for rejection of that proposal. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.

● Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED

COMMUNICATIONS DURING THE RFP PROCESS. All questions should be directed to bids-mcalvert@wcpss.net.

● Offerors are cautioned that this is a request for offers, not a request to contract, and WCPSS reserves the unqualified right to reject any and all offers when such rejection is deemed to be in the best interest of WCPSS.

● In submitting a proposal, the Offeror agrees not to use the results there from as part of any news release or commercial advertising.

● Submit one (1) signed, original executed proposal responses and one (1) electronic copy on a flash drive (emails not accepted) of your proposal simultaneously to the address identified below.

● Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date.

Address the package(s) for delivery as shown in the table below. If the Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

mailto:bids-mcalvert@wcpss.net

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Request for Proposal #251-26-130

1551 Rock Quarry Rd – Bldg. F Bids will be publicly opened: March 31, 2025 @ 2:00PM/ET

Raleigh, NC 27610 Contract Type: Agency Specific

Refer ALL Inquiries to: Marcella Calvert Telephone No: 919-588-3457

Commodity: 721015– Bi-Directional Antenna Systems Installation, Annual Maintenance, Remote Monitoring, and Required Recertification of Emergency Responder Communication Systems

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

NOTICE TO BIDDERS: (THIS IS A SEALED BID SOLICITATION)

Sealed Proposals, subject to the conditions made a part hereof, will be received at this office (1551 Rock Quarry Road, Bldg. F, Raleigh, NC) until 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Refer to page 2 for proper mailing instructions.

Proposals submitted via facsimile (FAX) machine in response to this Request for Proposal will not be accepted.

Proposals are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are quoted, at the prices set opposite each item within the time specified herein. By executing this proposal, I certify that this proposal is submitted competitively and without collusion.

Failure to execute/sign proposal prior to submittal may render bid invalid. Late proposals are not acceptable.

VENDOR: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

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

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

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

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for 60 days from date of proposal opening unless otherwise stated here: _______ days.

MAILING INSTRUCTIONS:

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier, or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected.

Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein.

a) Mail only one (1) signed, original, executed proposal response and one electronic copy on a flash drive simultaneously to the address identified in the table above.

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b) Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table below.

c) If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

Mailing address for delivery of proposal

PROPOSAL NUMBER: RFP #251-26-130

Wake County Public Schools

Attn: Marcella Calvert

1551 Rock Quarry Rd. Bldg. F

Raleigh, NC 27610

RFP SCHEDULE

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

All times shown are Eastern Time (EST).

Event Responsibility Date and Time (ET.)

Issue RFP WCPSS March 20, 2025

Submit Written Questions Vendor March 24, 2025 by 2:00 PM

Provide Response to Questions WCPSS March 26, 2025 by end-of-business day

Submit Sealed Bids Vendor March 31, 2025 @ 2:00 PM

PROPOSAL QUESTIONS

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

Written questions shall be emailed to bids-mcalvert@wcpss.net by the date and time specified. Vendors should enter “Questions Solicitation RFP #251-25-136 ” as the subject for the email. Question submittals should include a reference to the applicable RFP section and be submitted in a format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, WCPSS’ response, and any additional terms deemed necessary by WCPSS will be posted in the form of an Addendum and shall become an Addendum to this RFP. No information, instruction, or advice provided orally or informally by any WCPSS personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. Addendums associated with the Request for

Proposal will be posted to the following links and it will be the vendor’s responsibility to adhere to and check these addendums prior to bid submittal:

http://webarchive.wcpss.net/about-us/purchasing/open-bids.html https://evp.nc.gov/solicitations/

PROPOSAL SUBMITTAL

Proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein.

BACKGROUND

For background purposes, The Wake County Public School System (WCPSS) is currently the largest school district in North Carolina and the 15th largest in the United States. There are currently 192 schools serving a student mailto:bids-mcalvert@wcpss.net http://webarchive.wcpss.net/about-us/purchasing/open-bids.html https://evp.nc.gov/solicitations

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SCOPE OF WORK

This Statement of Work (SOW) outlines the installation, annual maintenance, remote monitoring, and required recertification of Emergency Responder Communication Coverage systems (Fire Responder/Public Safety Radio Signal Boosters, also known as Bi-Directional Antenna Systems (BDAS) or Distributed Antenna Systems (DAS)), at various school sites within the district.

These services are required to meet the requirements of the 2018 North Carolina State Building Code: Fire Prevention Code, Chapter 5, Section 510, “Emergency Responder Communication Coverage” https://codes.iccsafe.org/content/NCFC2018P2/chapter-5Bi-D-fire-service-features#NCFC2018P2_Pt03_Ch05_Sec510 and amendments adopted on January 1, 2022 (https://www.ncosfm.gov/2017-2021-approved-amendments- 201310-fire-code/open) to ensure the systems remain compliant and functional for public safety and emergency response.

WCPSS currently has BDAs in 72 schools. All schools are in Wake County, NC.

Working hours are Monday through Friday, 8:00AM – 6:00PM unless otherwise scheduled between the vendor and

WCPSS.

PERFORMANCE REQUIREMENTS

• On-Site Inspections: Perform annual on-site inspections of all BDAS and DAS equipment installed at the designated school sites to ensure systems meet functionality and safety standards.

• Equipment Functionality Check: Verify that signal boosters, antennas, and associated hardware are operational and in compliance with fire code requirements.

• System Performance Testing: Conduct tests to ensure that signal strength, coverage, and system functionality meet the necessary standards to support first responder communications.

• Repairs and Adjustments: Recommend repairs and adjustments for WCPSS approval to maintain system performance and compliance with safety regulations.

• Documentation of Maintenance: Provide detailed maintenance reports, including findings, repairs, and system performance data after each annual inspection.

SYSTEM MONITORING

• System Monitoring Setup: Implement remote monitoring technology to continuously track the operational status of BDAS and DAS systems, providing real-time alerts for malfunctions or system degradation.

• Performance Analytics: Monitor signal strength, signal boosters, and other system components for signs of wear, malfunctions, or safety risks.

• Troubleshooting: Address any performance issues identified via remote monitoring, including troubleshooting of system malfunctions and dispatching technicians for on-site resolution if necessary.

• Remote Diagnostics Reports: Provide ongoing diagnostic reports and status updates to the district’s facilities or IT team to ensure the system remains in full operational status.

RECERTIFICATION AND FIRE CODE COMPLIANCE

• Annual Recertification: Perform required annual recertification for BDAS and DAS systems to meet the standards outlined in the Wake County-adopted IFC 2018 and North Carolina State Fire Code 2018 Amendments.

• Certification Documentation: After successful recertification, provide formal documentation for each school site, certifying that BDAS and DAS equipment is compliant with fire code regulations.

https://codes.iccsafe.org/content/NCFC2018P2/chapter-5Bi-D-fire-service-features#NCFC2018P2_Pt03_Ch05_Sec510 https://codes.iccsafe.org/content/NCFC2018P2/chapter-5Bi-D-fire-service-features#NCFC2018P2_Pt03_Ch05_Sec510 https://www.ncosfm.gov/2017-2021-approved-amendments-201310-fire-code/open https://www.ncosfm.gov/2017-2021-approved-amendments-201310-fire-code/open

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• Compliance Reporting: Provide written reports after each recertification, including any necessary corrective actions and results of the compliance tests.

TRAINING

• System Operation Training: Provide training for designated school district personnel on the proper operation and routine checks of the BDAS and DAS systems.

• Emergency Protocols: Educate staff on how to recognize potential system failures and the protocol for reporting any issues to the maintenance team or emergency personnel.

• Remote Monitoring Overview: Offer training on how to access and utilize the remote monitoring system for ongoing system status checks.

DELIVERABLES

• A fully operational BDAS and DAS system at all applicable school sites, compliant with fire safety regulations.

• Annual maintenance reports documenting system performance, repairs, and adjustments made.

• Certification of compliance with Wake County and NC State Fire Code, including any corrective actions taken to meet compliance.

• Remote monitoring system setup, with real-time access for the school district to monitor system performance.

• Training materials and sessions for school personnel on system operation and emergency response protocols.

SPECIFIC PROPOSAL INSTRUCTIONS

Contractors are required to submit the following items as a complete proposal:

Section 1 – Proposed System:

Provide a complete set of design drawings of the proposed system showing all the components required by the system and how they are interconnected. Offerors should also include:

I. Attachment A – Signed Proposal (pg. 2).

II. Signal propagation prediction plans, system riser diagram, donor antenna lightning suppression and grounding details.

III. Acceptance Test Plan (ATP): Submit a proposed ATP including cable testing reports. At a minimum, testing requirements shall be designed to satisfy the requirements of section 3.02.

IV. Describe your firm’s experience.

V. The offeror shall provide WCPSS with a detailed account of the work or construction related services that will be required for the proposed solution to operate properly. Any needed construction will be the responsibility of WCPSS to complete.

Section 2 – Project Schedule:

Offerors should include a timeline for this project, specifying when specific tasks will be completed. This section shall include but is not limited to:

• Project start date

• Completion date

• Inspection dates with technical representative

• Clean up date

• Dates of installation of key components

• Dates on which specific tasks will need to be completed by the WCPSS

Section 3 – Proposed Price and Payment Terms:

Include the following:

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• Fees for services, including set fees, applicable hourly rates and any other fees and reimbursable expenses.

• The proposal should clearly state payment schedule desired. Such proposed schedule shall be negotiable.

• A summary on your ability to control costs.

Section 4 – Maintenance/Warranty Plan:

Offerors should include a maintenance plan detailing customer service after acceptance, product warranty details, troubleshooting assistance, repairs covered by warranties, length of warranty, and extent of warranty.

Section 5 – Parts/Components Offerors should:

• Include a percentage off MSRP of any parts/components necessary for maintenance/repair of Emergency Responder Communication Coverage systems (Fire Responder/Public Safety Radio Signal Boosters, also known as Bi-Directional Antenna Systems (BDAS) or Distributed Antenna Systems (DAS).

• Provide product datasheets for all components being used (i.e., bi-directional amplifiers, repeaters, battery back-up systems, donor/coverage antennas, lightning suppressors, coaxial cables and connectors, splitters, and fiber-optic components).

WCPSS reserves the option to reach out to other vendors for pricing of parts/components necessary for the maintenance/repair of these systems.

PROPOSAL EVALUATION

All proposals will be evaluated by representatives of WCPSS. WCPSS may, at its sole discretion, ask for additional information and/or elect to conduct interviews with finalists to clarify information provided in the proposals.

The services that are the subject of this RFQ/P are not required to be bid under North Carolina law, and none of the statutory requirements regarding public bidding apply to this RFQ/P. This document, and not those statutes, will govern the selection process.

WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS have any obligation to explain its decision to recommend or not to recommend any particular vendor or to invite or exclude any particular vendor from consideration at any stage of the process. Instead of recommending that contracts be awarded to one or more vendors who presented proposals, WCPSS may, at its sole discretion, reject the proposals and repeat the process, enter into direct contract negotiations with one or more vendors (possibly including vendors who have not previously submitted proposals) or take any other action WCPSS deems advisable under all the circumstances.

WCPSS is expected to make any final selection(s) based upon any factors or considerations WCPSS deems relevant.

Factors often considered include qualifications, relevant experience, fee, and ability to perform work in a timely manner. WCPSS retains sole discretion to award the contract to the vendor(s) it believes will best serve the interests of WCPSS and may consider any factors, documents, or information it deems relevant in making that determination.

WCPSS shall not have any obligation to explain its decision to select or not select any individual vendors or to invite or exclude any individual vendors from consideration at any stage of the process. The decision of WCPSS to accept or reject any proposals and to award contract(s) to any one or more vendor(s) shall be final and not subject to further review.

Vendors are subject to immediate disqualification at any stage of the selection process for any of the following:

● The submission of false or misleading information in the vendor’s proposal.

● Any efforts to dissuade or discourage other vendors from submitting proposals.

● Any efforts to influence, dictate, or change the terms of another vendor’s proposal.

● Any form of bid collusion or bid rigging.

SOURCE SELECTION

WCPSS will review all information submitted in order for WCPSS to award the contract to the bidder providing the most responsive/responsible low bid based on §143-129.8 Purchase of information technology goods and services.

i. The evaluation committee may request clarifications, an interview with or presentation from any or all bidders. However, the WCPSS may refuse to accept, in full or partially, the response to a clarification

7 | Page request given by any bidder. Bidders are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms.

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

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

iv. Bidders are advised that WCPSS is not obligated to ask for or accept after the closing date.

Bidder may be disqualified from any evaluation or award if bidder or any key personnel proposed, has previously failed to perform satisfactorily during the performance of any contract with WCPSS, or violated rules or statutes applicable to public bidding in the State of North Carolina, as documented.

Vendors must not be debarred from doing business with the State of North Carolina or Federal Government.

QUALIFICATIONS

o THE VENDOR shall be licensed and approved to do business in the State of North Carolina.

o At least five years of experience in performing the required duties as outlined in this RFP will be accepted. VENDOR is required to provide appropriate references demonstrating experience in performing similar projects in size and scope. References must include contact information. WCPSS shall not constitute one of the required references.

o Insurance requirements referenced within as well as any Federal, State and Local requirements shall be required and maintained.

o VENDOR will be disqualified for consideration if they are listed on either the State of North Carolina debarred vendor registry, or the Federal Government debarred vendor registry.

▪ (Federal Government) https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf

▪ (State of North Carolina) https://ncadmin.nc.gov/documents/nc-debarred-vendors

Vendor acknowledgement: Initial________

REQUIRED SUBMITTALS

The VENDOR is provided a list of required submittals as a courtesy. If your submittal does not include the required documentation or signature, it may be deemed nonresponsive or responsible.

Included in Proposal Submittal

Verify and initial

Section

Signed Proposal (Page 2)

Company Profile (Attachment A)

HUB Form (Attachment C)

Reference Information (Page 8)

Specific Proposal Instructions; Sections 1,2,3,4 (Pages 5-6)

Vendor has read and attests that they maintain current insurance coverages as it is applicable to this request

CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date bids are opened through the date the contract is awarded—each

Vendor submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside of WCPSS, other government agency office, WCPSS body or https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf https://ncadmin.nc.gov/documents/nc-debarred-vendors

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Vendor’s bid, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in WCPSS’ discretion that the communication was harmless, that it was made without intent to influence and that the best interest of WCPSS would not be served by the disqualification. A Vendor’s bid may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Please contact bids-mcalvert@wcpss.net .

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

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

REFLECT IDENTIFIABLE LANGUAGE AND BE ACCESSIBLE AND ORGANIZED.

CUSTOMER REFERENCES

Vendors shall provide at least three references, for similar size and scope projects, for which comparable services and supplies have been, and continue to be, provided. WCPSS may not be used as one of the references.

Name of

Organization

Contact Person

Name

Annual Contract

Value

Title

Contract Start Date Contact Person

Telephone Number

Contract End Date Contact Person

Email Address

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DELIVERY

If applicable, WCPSS reserves the right to consider the delivery time offered as a factor in the award of contract.

Bidder must specify in submitted response if there are any constraints on supply of proposed model(s) or unreasonable delays in fulfillment timeline.

DEVIATIONS

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

FIRM BID

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

TAXES

Wake County Public School System is NOT tax-exempt. Unless otherwise indicated, tax must be computed and added to your bid. Any itemized shipping charges are also subject to tax.

Bid responses must include:

• All forms, signatures, paperwork, and required components outlined in this document to specifications.

• Pricing for each required item.

• Methodology for o Receiving orders and scheduling installation.

o Delivery and installation.

o Removal of old technology.

o Warranty service calls.

• A description of any added value, other components, and/or other services offered (if applicable).

METHOD OF AWARD

All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation which is best for WCPSS. Vendors SHALL not be considered who are not approved or authorized by The State of North Carolina to do business with

The State of North Carolina. WCPSS reserves the right to waive any minor informality or technicality in proposals received.

Vendor(s) awarded a contract as a result of this RFP will be for an initial duration of twelve (12) months, renewable for up to four (4) additional one-year terms provided the vendor continues to offer qualified contract resources at competitive rates.

DEADLINE FOR PROPOSAL SUBMITTAL

Proposals are due no later than March 31, 2025, at 2:00 PM/ET.

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TERMS AND CONDITIONS

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

2. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Invitation for Bids, the specifications. Wake County Public School System (WCPSS) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

3. DEFINITIONS:

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

∙ TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only.

∙ OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

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

5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.

6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

7. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible, therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

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

9. RECYCLING AND SOURCE REDUCTION: It is the policy of WCPSS to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.

We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of WCPSS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.

10. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be made only by written addendum from WCPSS Purchasing Department. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

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

12. REFERENCES: WCPSS reserves the right to require a list of users of the exact item offered. WCPSS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

13. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to WCPSS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by WCPSS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or group of items on a multi-item bid. WCPSS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, WCPSS reserves the right to make partial, progressive, or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by WCPSS to be pertinent or peculiar to the purchase in question.

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14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS 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. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

16. 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 WCPSS property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

17. AWARD PROCEDURES: Contract award notice shall be posted on WCPSS website. Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation.

18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident bidders. The “Principal Place of Business” is defined as the principal place from which the trade or business of the bidder is directed or managed.

19. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WCPSS may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. WCPSS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to WCPSS.

20. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship, or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify in writing WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

21. TAXES: Any applicable taxes shall be invoiced as a separate item.

G.S. 143-59.1 bars the WCPSS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina.

Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.

22. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined.

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

24. INSPECTION AT CONTRACTOR’S SITE: WCPSS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for WCPSS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

25. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Payment may be made by procurement card, and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, MasterCard, etc.) from other customers.

26. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage, or shipment.

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

28. PATENT: The contractor shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of any kind, including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by WCPSS or disclosure of any information pursuant to the NC Public Records Act.

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29. ASSIGNMENT: No assignment of the contractor’s obligations nor the contractor’s right to receive payment hereunder shall be permitted.

However, upon written request approved by the purchasing department and solely as a convenience to the contractor, WCPSS may:

a. Forward the contractor’s payment check directly to any person or entity designated by the contractor, and include any person or entity designated by contractor as a joint payee on the contractor’s payment check.

b. In no event shall such approval and action obligate WCPSS to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

30. INSURANCE: Certificates of Insurance acceptable to WCPSS shall be filed with WCPSS prior to commencement of the Work.

These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to WCPSS, and that the Wake County Board of Education is listed as additional insured on general liability and automobile liability. Provider agrees to maintain the appropriate insurance outlined in Exhibit B. Other types of appropriate insurance may be required depending upon scope of services provided.

Examples are aviation liability, pollution liability, crime, employee dishonesty/directors and officers.

31. The successful vendor agrees to hold harmless and indemnify the Wake County Board of Education (WCBOE) for any liability that may arise from the negligent or illegal acts of the vendor’s employees or agents.

32. GENERAL INDEMNITY: The provider shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the provider in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the provider. The provider represents and warrants that it shall make no claim of any kind or nature against WCPSS agents who are involved in the delivery or processing of contractor goods to WCPSS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

33. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.

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

35. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the contractor to other customers.

a. Notification: Must be given to WCPSS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature.

b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period.

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

36. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

37. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Provider shall conduct at its own expense sexual offender registry checks on each of its employees, agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a minimum check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Provider’s convenience only, all of the required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Provider shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Provider shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Provider agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Provider shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Provider agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel and agrees to provide such records and documents to the school system upon request. Provider specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to

13 | Page comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the school system may conduct additional criminal records checks at Provider’s expense. If the school system exercises this right to conduct additional criminal records checks, Provider agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Provider further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. WCPSS reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Agreement if WCPSS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others.

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

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

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

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

42. BUSINESS AUTHORIZATION: Bidder is duly qualified to do business in North Carolina. If Bidder is a business entity that is not registered in North Carolina, prior to providing any products or beginning any services described by this bid, Bidder shall either (i) obtain a certificate of authority from the Secretary of State for North Carolina, pursuant to N. C.

Gen. Stat. § 55-15-03, or (ii) provide a letter from an attorney indicating that the attorney has reviewed N. C. Gen. Stat.

§ 55-15-01 and determined that Bidder is not required to obtain a certificate of authority pursuant to N. C. Gen. Stat. § 55-15-01(b).

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EXHIBIT: B

30. INSURANCE:

1. Commercial General Liability: The Vendor shall procure insurance coverage for direct operations, contractual liability and completed operations with limits not less than those stated below:

Occurrence:

a. General Aggregate $2,000,000

b. Premises Operations $1,000,000

c. Personal & Advertising Injury $1,000,000

d. Medical Expense (any one person) $5,000

2. Comprehensive Automobile Liability Insurance, including coverage for owned, hired, and non-owned vehicles: A Combined Single Limit for bodily injury and property damage limit of not less than $2,000,000;

and $2,000 medical payments.

3. Worker's Compensation including Occupational Disease and Employer's Liability Insurance.

a. Part A: Worker’s Compensation Coverage – Statutory Limits as required by state of North

Carolina Worker’s Compensation laws.

b. Part B: Employer’s Liability:

c. Bodily Injury by Accident: $500,000 each accident

d. Bodily Injury by Disease: $500,000 each employee

e. Bodily Injury by Disease: $500,000 Policy Limit

4.…