Page: 1 BID No. 157-14007282026 BIDDER: __________________________________________________

Caldwell County Schools

1914 Hickory Blvd., SW

Lenoir, North Carolina 28645

REQUEST FOR PROPOSALS

NO. 157-14007282026

Bids will be publicly opened: August 12, 2026

Contract Type: Purchase

Refer ALL Inquiries to: Michelle Brittain Commodity: Interactive Display Project

Telephone No. 828-728-8407, Ext. 140152

E-Mail: mbrittain@caldwellschools.com Using Agency Name: Caldwell County Schools

(See page 2 for mailing instructions.)

NOTICE TO BIDDERS

Due to the nature of this Request for Proposals, sealed quotes are required. Proposals, subject to the conditions made a part hereof, will be received at this office (Caldwell County Schools, Attn: Michelle Brittain, 1914 Hickory Blvd, SW, Lenoir, North Carolina, 28645) until 10:00 a.m. on the day of opening, August 12, 2026, and then opened, for furnishing and delivering the commodity as described herein. Refer to page 2 for proper mailing instructions.

Bids are subject to rejection unless submitted on this form.

Please review the new additions to the Instructions for Proposals, which are found in new paragraphs 22 (“Confidentiality of Bids,” which prohibits certain types of communications during the procurement process and any violation of this provision may subject offeror’s quote to disqualification) and 23 (Executive Order #50-Price-Matching Preference); and review the changes to paragraphs 15 (Award of Contract) and 19 (Protest Procedures) in the Instructions for Proposals, which are required to implement Executive Order 50.

EXECUTION

In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are offered, at the prices set opposite each item within the time specified herein. By executing this offer, I certify that this quote is submitted competitively and without collusion, that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S.

143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

Failure to execute/sign quote prior to submittal shall render quote invalid. Late quotes are not acceptable.

BIDDER:.

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 (SEE INSTRUCTIONS TO BIDDERS ITEM #21):

N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Page: 2

Offer valid for 45 days from date of bid opening unless otherwise stated here: ____ days (See Instructions to Bidders, Item 5). Prompt Payment

Discount: _______ % __________________ days.

ACCEPTANCE OF BID

If any or all parts of this bid are accepted by the State of North Carolina, an authorized representative of the Division of Purchase and Contract shall affix their signature hereto and this document and the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful bidder(s).

FOR CALDWELL COUNTY SCHOOLS USE ONLY

Offer accepted and contract awarded this ____ day of _____________________, 20_____, as indicated on attached certification, by _____________________________________________ (Authorized representative of Caldwell County Schools).

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

It is desirable that all responses meet the following requirements:

• All copies are printed double sided.

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

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

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

MAILING INSTRUCTIONS: Mail only one fully executed quote document, unless otherwise instructed, and only one quote per envelope. Address envelope and insert quote number as shown below: It is the responsibility of the offeror to have the quote in this office by the specified time and date of opening.

DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY OTHER MEANS

QUOTE NO. 157-14007282026 QUOTE NO. 157-14007282026

Caldwell County Schools Caldwell County Schools Attn: Michelle Brittain Attn: Michelle Brittain 1914 Hickory Blvd., SW 1914 Hickory Blvd., SW Lenoir, North Carolina 28645 Lenoir, North Carolina 28645

TABULATIONS: Verbal tabulations of quotes and award information can be obtained by calling the purchaser listed on the first page of this document. Tabulations will be available upon request no earlier than 9:00 a.m. on the first working day following the date of opening. Requests for lengthy or written tabulations cannot be honored.

TRANSPORTATION CHARGES: Proposals are to include any and all shipping, freight, or delivery charges.

EXECUTIVE ORDER NO. 50 (PRICE-MATCHING PREFERENCE):

Pursuant to North Carolina General Statute § 143-59 (G.S. § 143-59) and Executive Order No. 50 issued by Governor Perdue on February 17, 2010, entitled “Enhanced Purchasing Opportunities for North Carolina Businesses,” a price-matching preference may be given to North Carolina resident bidders on contracts for the purchase of goods. This preference will allow a qualified North Carolina resident bidder to match the price of the lowest responsible nonresident bidder, if the North Carolina resident bidder’s price is within five percent (5%) or $10,000, whichever is less, of the nonresident bidder’s price. If the resident bidder requests and qualifies for the price-matching preference, the resident bidder will first be offered the contract award and will have three (3) business days to accept or decline the award based on the lowest responsible nonresident bidder’s price.

Executive Order #50 applies to procurements from the Governor’s Office, Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Page: 3

Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, and Transportation), Universities and Community Colleges and all procurements handled by the Division of Purchase and Contract. All other State Agencies are encouraged to implement the requirements of the Executive Order #50 and vendors should contact these State Agencies to determine whether they have adopted and implemented Executive Order #50.

DELIVERY:

The successful bidder will complete delivery within ____30_____ consecutive calendar days after receipt of the purchase order, unless otherwise stated here: _________ days. Delivery will be made from _____________________________ (City and State). Caldwell County Schools reserves the right to consider the delivery time offered as a factor in the award of the contract.

Page: 4

Bid Form on Page 5

Request for Proposals No. 157-140032026

RFP Name: Interactive Display

Proposal Specifications:

Item Description

Screen Size: 75"

• Includes Native Google EDLA Certification w\ Google Play Store capability

• Camera Module Capable via USB-C on top of panel

• Embedded 20W Speakers

• IR Touch Technology

• Android 13 or higher Embedded

• Resolution: 4K UHD

• USB Type-C on Front I/O with 65W Power

• Better Connectivity with Wi-Fi 6

• Ethernet 1Gb/s capability

• Minimum of 40 Points of Touch

• 178 Degree Viewing Angle

• RAM: 8GB minimum

• Cloud management via Viso Radix MDM

• Storage Minimum 64GB

• Airplay, Miracast and chromecast connectivity via DisplayNote Technology

• Flat wall mount included

• 800x400 VESA Mount Pattern

• Panels must be delivered to various schools(within Caldwell County, NC) directly, Lift Gate

Required, Numbers to each location to be noted after bid awarded

CALDWELL COUNTY SCHOOLS IS SOLICITING BIDS FOR 46 INTERACTIVE DISPLAYS, WITH

OPTION FOR MORE QUANTITIES AT SET PRICE IF FUNDING ALLOWS UNTIL 6/30/2027.

INCLUDING CONFIGURATION AS LISTED ABOVE. MUST INCLUDE SHIPPING, TAX AND ALL

APPLICABLE CHARGES (SEE BID TABULATION SHEET, ALL CHARGES MUST BE LISTED

SEPARTELY.

EQUIPMENT MUST BE NEW - NO BIDS FOR REFURBISHED PRODUCTS WILL BE ACCEPTED.

BIDDER MUST BE AN AUTHORIZED SELLER/ RESELLER / DISTRIBUTOR. PLEASE ATTACH

A COPY OF THAT AUTHORIZATION TO THIS BID WHEN SUBMITTING.

BIDDERS MUST USE FORM ON THE FOLLOWING PAGE WHEN SUBMITTING BID.

Page: 5

QUANTITY ITEM DESCRIPTION PRICE

Screen Size: 75"

• Includes Native Google EDLA Certification w\

Google Play Store capability

• Camera Module Capable via USB-C on top of panel

• Embedded 20W Speakers

• IR Touch Technology

• Android 13 or higher Embedded

• Resolution: 4K UHD

• USB Type-C on Front I/O with 65W Power

• Better Connectivity with Wi-Fi 6

• Ethernet 1Gb/s capability

• Minimum of 40 Points of Touch

• 178 Degree Viewing Angle

• RAM: 8GB minimum

• Cloud management via Viso Radix MDM

• Storage Minimum 64GB

• Airplay, Miracast and chromecast connectivity via

DisplayNote Technology

• Flat wall mount included

• 800x400 VESA Mount Pattern

• Panels must be delivered to various schools(within

Caldwell County, NC) directly, Lift Gate Required, Numbers to each location to be noted after bid awarded

TOTAL EQUIPMENT

BID PRICE

SHIPPING

CHARGES

6.75% NC SALES

TAX

BID GRAND

TOTAL

Page: 6

INTERACTIVE DISPLAY

157-140032026

COMPANY NAME (Please print)

Signature of Authorized Representative

Date

Page: 7

INSTRUCTIONS FOR QUOTES

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

2. NOTICE TO OFFERORS: All quotes are subject to the provisions of the Instructions for Quotes, special terms and conditions specific to this Request for Quotes, the specifications, and the North Carolina General Contract Terms and Conditions.

Caldwell County Schools objects to and will not evaluate or consider any additional terms and conditions submitted with a quote.

This applies to any language appearing in or attached to the document as part of the offeror’s response. DO NOT ATTACH ANY

ADDITIONAL TERMS AND CONDITIONS.

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

3. DEFINITIONS:

• OFFEROR: Company, firm, corporation, partnership, individual, etc., submitting a response to a Request for Quotes.

• 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.

• STATEWIDE TERM CONTRACT: A Term Contract for all agencies, unless exempted by statute, rule, or special term and condition specific to this quote.

• AGENCY SPECIFIC TERM CONTRACT: A Term Contract for a specific agency.

• 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 quote invalid.

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

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

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

8. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this quote, the order of precedence shall be (1) special terms and conditions specific to this quote, (2) specifications, (3) North Carolina General Contract Terms and Conditions, and (4) Instructions for Quotes.

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

10. RECYCLING AND SOURCE REDUCTION: It is the policy of this State 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 purchasers those products or packaging they offer which have recycled content and that are recyclable.

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

12. ACCEPTANCE AND REJECTION: Caldwell County Schools reserves the right to reject any and all quotes, to waive any informality in quotes and, unless otherwise specified by the offeror, to accept any item in the quote. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

Page: 8

13. REFERENCES: Caldwell County Schools reserves the right to require a list of users of the exact item offered. Caldwell County

Schools may contact these users to determine acceptability of the quote. Such information may be considered in the evaluation of the quote.

14. AWARD OF CONTRACT: Qualified quotes will be evaluated and acceptance may be made of the lowest and best quote most advantageous to Caldwell County Schools as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the offerors; the substantial conformity with the specifications and other conditions set forth in the quote; 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 Caldwell County Schools to be pertinent or peculiar to the purchase in question. Unless otherwise specified by Caldwell County Schools or the offeror, Caldwell County Schools reserves the right to accept any item or group of items on a multi-item quote.

After the foregoing evaluation, the quotes will be reviewed to determine if there are any North Carolina resident offerors that submitted responsive quotes and requested the price-matching preference pursuant to Executive Order #50 and G.S. § 143-59. If such offerors are found, the evaluators and/or purchaser will then determine whether any of the North Carolina resident offerors qualify for this preference and, if so, make the contract award pursuant to Paragraph 23 below.

In addition, on TERM CONTRACTS, Caldwell County Schools 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 Caldwell County Schools to be pertinent or peculiar to the purchase in question.

15. CONFIDENTIAL INFORMATION: As provided by statute and rule, Caldwell County Schools will consider keeping trade secrets which the offeror does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the offeror. 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. TAXES:

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

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

• OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue.

17. 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 offeror’s expense. Request for the return of samples must be made within 10 days following date of quote opening. Otherwise the samples will become Caldwell County Schools property. Each individual sample must be labeled with the offeror’s name, quote number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then return, if required, as specified above.

18. PROTEST PROCEDURES: When a bidder wants to protest a contract awarded by the Secretary of Administration or by an agency over $25,000 resulting from this solicitation, they must submit a written request to the State Purchasing Officer at Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. This request must be received in the Division of Purchase and Contract within thirty (30) consecutive calendar days from the date of the contract award. When a bidder wants to protest a contract awarded by an agency or university resulting from this solicitation that is over $10,000 but less than $25,000 for any agency, or any contract awarded by a university, they must submit a written request to the issuing procurement officer at the address of the issuing agency. This request must be received in that office within thirty (30) consecutive calendar days from the date of the contract award. Protest letters must contain specific reasons and any supporting documentation for the protest. Note:

Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bid status and Award notices are posted on the Internet at http://www.pandc.nc.gov/. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. (See Protest Information at http://www.pandc.nc.gov/protests.pdf for more information.)

If a ground of a protest is based on a challenge to the qualification of a North Carolina resident offeror awarded a contract pursuant to Executive Order #50 (price-matching preference), the State Purchasing Officer or procurement officer may request the North Carolina resident offeror to produce documentation substantiating the North Carolina resident offeror’s qualification for the subject preference. The State Purchasing Officer or procurement officer should request the supporting documentation within the 10-day period he or she has to make the decision on whether to deny or grant a protest meeting and the protest meeting should be scheduled after the anticipated receipt of the documents from the North Carolina resident offeror. Pursuant to Paragraph 23 below, the North Carolina resident offeror is required to produce to the State the requested documentation within five (5) business days of the State’s request and failure to produce the documents by the end of that time period may result in the cancellation of the contract. Also note that any tax, financial, accounting or banking documents the North Carolina resident offeror submits to the State in connection with the resolution of a protest shall not be disclosed to the protester pursuant to G.S. §§ 132-1.1 and 105- 259(b) and the State shall preserve the confidentiality of such documents.

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

20. 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.

http://www.pandc.nc.gov/ http://www.pandc.nc.gov/protests.pdf

Page: 9

21. CONFIDENTIALITY OF BIDS: In submitting its quote, the offeror agrees not to discuss or otherwise reveal the contents of the quotes to any source outside of the using or issuing agency, government or private, until after the award of the contract. All offerors are advised that they are not to have any communications with the using or issuing agency during the evaluation of the bids (i.e., after the public opening of the bids and before the award of the contract), unless the State’s purchaser contacts the offeror(s) for purposes of seeking clarification. A offeror shall not: transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other offeror to provide the advertised good, equipment, commodity; defects, errors and/or omissions in any other offeror’s quote and/or prices at any time during the procurement process; and/or engage in any other communication or conduct attempting to influence the evaluation and/or award of the contract that is the subject of this Quote. Offerors not in compliance with this provision may be disqualified, at the option of the State, from the contract award. Only those communications with the using agency or issuing agency authorized by this IFB are permitted.

22. EXECUTIVE ORDER #50-PRICE-MATCHING PREFERENCE: Pursuant to North Carolina General Statute § 143-59 (G.S. § 143-

59) and Executive Order No. 50 issued by Governor Perdue on February 17, 2010, entitled “Enhanced Purchasing Opportunities for North Carolina Businesses,” a price-matching preference may be given to North Carolina resident bidders on contracts for the purchase of goods. This preference will allow a qualified North Carolina resident bidder to match the price of the lowest responsible nonresident bidder, if the North Carolina resident bidder’s price is within five percent (5%) or $10,000, whichever is less, of the non-resident bidder’s price. G.S. § 143-59(c) (1) defines a “resident bidder” as a “bidder that has paid unemployment taxes or income taxes in this State and whose principal place of business is located in this State. G.S. § 143-59(c)(2) defines a nonresident bidder as a bidder that does not meet the definition in G.S. § 143-59(c)(1). G.S. § 143-59(c)(3) defines a “principal place of business” as the “principal place from which the trade or business of the bidder is directed or managed.” For purposes of this RFQ, “bidder” as used in G.S. § 143-59 and Executive Order #50 shall also mean “offeror”.

In order to qualify for this preference, a resident offeror must: (1) request the preference; and (2) complete “Resident Offeror’s Certification for Price-Matching Preference under Executive Order #50” (hereinafter the “Certification”). The Certification may not be submitted after the public opening of the bids. By executing the Certification, the offeror -agrees to provide any additional information or documentation requested by the State to confirm the above certifications and statements within five (5) business days of request (including tax filings, banking statements, financial and accounting statements reflecting Offeror’s payment of the subject taxes and such other information regarding offeror’s management or directors of its business or trade of its principal place of business).

The State will evaluate the quotes in accordance with the award criteria stated in this RFQ to determine the lowest responsible offeror. If the lowest responsible offeror is a North Carolina resident offeror, then there will be no consideration of the price-matching preference. If the lowest responsible quote was submitted by nonresident offeror and there are no North Carolina resident bidders that submitted a price that was within 5% or $10,000 of the nonresident offeror’s price, then none of the North Carolina resident bidders qualified for the price-matching preference and no review of the Resident Offeror’s Certifications is required.

If the lowest responsible quote was submitted by nonresident offeror and there are one or more North Carolina resident bidders that submitted a price that was within 5% or $10,000 of the nonresident offeror’s price, then the evaluators shall review the Certification(s) of the resident offeror(s) to determine whether the resident bidders have certified compliance with G.S. § 143- 59(c)(1), (3) and the information and documentation provided in or with the Certification supports the resident offeror(s) certifications. The evaluators may seek clarification of the certifications and/or information in a resident offeror’s Certification and request documentation (including but not limited to income tax or unemployment tax returns, reports and/or filing (annual and/or quarterly); banking statements or financial/accounting statements reflecting offeror’s payment of income taxes or unemployment taxes to the State of North Carolina and such other information regarding offeror’s management or directors of its business or trade of its principal place of business). If the resident offeror’s Certification for the price-matching preference is challenged in a protest, the resident offeror shall provide the foregoing information and/or documentation to the State within five (5) business days of receiving a request from the State for such information and/or documentation. Pursuant to G.S. §§ 132-1.1, 105-259(b) and Paragraph 16 of the Instructions to Bidders, the State is prohibited from making public disclosures of the offeror’s tax information and documents (except if one of the 39 exceptions applies in G.S. § 105-259(b)) and the State shall preserve the confidentiality of the tax information and/or documents received in response to a request for clarification (or, as discussed below, to resolve a protest challenging reside offeror’s qualification for the price-matching preference). In order to further preserve the confidentiality of offeror’s tax information and documentation provided the State, the offeror shall comply with Paragraph 16 of the Instructions to Bidders and mark “CONFIDENTIAL” at the top and bottom of each page of the information and documentation. After review of the Certification(s) and any clarification, the evaluators shall include in their recommendation for award a finding that the North Carolina resident offeror(s) was or was not qualified for the price-matching preference.

If more than one North Carolina resident offeror qualified for the price-matching preference, then the evaluators shall prioritize the qualified North Carolina resident bidders according to their original quotes, from lowest to highest, so that qualified North Carolina resident offeror that submitted the lowest quote should get the first opportunity to match the quote of the nonresident lowest responsible offeror. If the lowest responsible and qualified North Carolina resident offeror declines to accept contract award, then the contract should be offered to the next lowest qualified North Carolina resident offeror and to continue in this manner until either a qualified North Carolina resident offeror accepts to contract award or the award is made to nonresident offeror, if no qualified North Carolina resident offeror accepted the award. If two responsible North Carolina resident bidders qualify for the price-matching preference, both had the same quote, then the evaluators may: (1) consider the information provided in these bidders’ Certifications or publicly available information to determine, which offeror the contract award would have a greater impact of stimulating or sustaining the North Carolina

Page: 10 economy and/or is most likely to create or save jobs e.g., if the choice is between a resident broker and a resident manufacturer of the subject goods, then the contract should be awarded to the resident manufacturer); (2) consider the unemployment rate in the municipality or county where each offeror’s principal place of business is located; or (3) seek clarification from the bidders to ascertain the impact on their respective businesses if offered the award of the contract.

If the resident bidder requests and qualifies for the price-matching preference, the resident bidder will first be offered the contract award and it will have three (3) business days to accept or decline the award based on the lowest responsible nonresident bidder’s price.

If at any time during or after the procurement process (including but not limited to clarifications and resolution of protests), the State determines that: the certifications or information in the Certification were false, substantially inaccurate, materially misleading; or the Offeror failed to provide, within the specified time period, the information and documentation the State requested, then the State may:

(1) Cancel the resident offeror’s contract and/or purchase order that was awarded based on the price-matching preference and resident offeror shall be liable for all its cost it incurs as a result of the cancellation and all increased costs of the State may incur by awarding the contract to the next lowest offeror;

(2) Offeror will not be entitled to any price-matching preference in any future State bidding opportunities;

(3) Action may be taken against the contractor under the False Claims Act, G.S. § 1-605 through 1-617, inclusive, for submitting a false Certification for the price-matching preference under Executive Order #50 (including but not limited to treble damages and civil penalties); and/or

(4) Debar Offeror from doing business with the State of North Carolina for a period determined by the State Purchasing Officer and/or Board of Award.

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NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS

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

The contractor shall be in default, if its Certification submitted for a price-matching preference under Executive Order #50 and G.S. § 143-59 was false and/or contained materially misleading or inaccurate information, and/or contractor failed to provide information and documentation requested by the State to substantiate contractor’s Certification.

In addition, in the event of default by the Contractor under this contract, the State may immediately cease doing business with the Contractor , immediately terminate for cause all existing contracts the State has with the Contractor, and de-bar the Contractor from doing future business with the State The State may take action against the contractor under the False Claims Act, G.S. § 1- 605 through 1-617, inclusive, for submitting a false Certification for the price-matching preference under Executive Order #50 (including but not limited to treble damages and civil penalties)..

Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the State may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the State, and de-bar the Contractor from doing future business with the State.

2. 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, the issuing purchasing office at once, indicating the specific regulation which required such alterations. Caldwell County Schools reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

3. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement.

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

G.S. 143-59.1 bars the Secretary of Administration 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.

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

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

7. INSPECTION AT CONTRACTOR’S SITE: Caldwell County Schools 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 Caldwell County Schools 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.

8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the contractor under the contract. Payment by some agencies 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. If payment is made by procurement card, then payment may be processed immediately by the contractor.

9. AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

10. 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.

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 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

Page: 12 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 and save Caldwell County Schools, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.

13. ADVERTISING: Contractor agrees not to use the existence of this contract or the name of the State of North Carolina as part of any commercial advertising.

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

15. 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 issuing purchasing authority and solely as a convenience to the contractor, Caldwell County Schools may:

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

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

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

16. INSURANCE:

COVERAGE - 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 the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits:

a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of contractor’s employees who are 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.

b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.)

c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage;

$150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment.

REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract.

17. YEAR 2000 COMPLIANCE/WARRANTY: Vendor shall ensure the product(s) and service(s) furnished pursuant to this agreement (“product” shall include, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) which perform any date and/or time data recognition function, calculation, or sequencing, will support a four digit year format, and will provide accurate date/time data and leap year calculations on and after December 31, 1999, at the same level of functionality for which originally acquired without additional cost to the user. This warranty shall survive termination or expiration of the agreement.

18. GENERAL INDEMNITY: The contractor shall hold and save the State, 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 tortious acts of the contractor provided that the contractor is notified in writing within 30 days that the State has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

19. ELECTRONIC PROCUREMENT (APPLIES TO ALL CONTRACTS THAT INCLUDE E-PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION DOCUMENT): Purchasing shall be conducted through the Statewide E- Procurement Service. The State’s third party agent shall serve as the Supplier Manager for this E-Procurement Service. The contractor shall register for the Statewide E-Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract.

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

Contractor or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Supplier Manager. The transaction fee shall be based on purchase orders issued for the prior month. Unless Supplier Manager receives written notice from the Contractor identifying with specificity any errors in an invoice within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Contractor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Contractor is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee, which includes payment of all portions of an invoice not in dispute. Within thirty (30) days of the receipt of invoice, contractor may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Contractor. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. The Supplier Manager shall provide, whenever reasonably requested by the contractor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice.

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

Contractor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If a contractor is a corporation, partnership or other legal entity, then the contractor may authorize its employees to use its password. Contractor shall be responsible for all activity and all charges by such employees. Contractor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the contractor’s account, contractor shall immediately change its password and notify the Supplier Manager of the security breach by e-mail. Contractor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach.

20. ELECTRONIC PROCUREMENT (APPLIES ONLY TO STATEWIDE TERM CONTRACTS): Within ten (10) calendar days of notice, the contractor shall provide supplier information, contract pricing and other product-related information requested by the State or the Supplier Manager. This information shall include such information as contractor name, SKU, brand/manufacturer, product name and a brief description, unit of measure, price, and other similar information properly requested by the State or the Supplier Manager to facilitate purchasing from the contract. This information shall be posted by the contractor in the format provided by the Supplier Manager, or as otherwise provided in a template or format required by the State. No costs or expenses associated with providing this information shall be charged to the State, its agents (including Supplier Manager) or State approved users of the contract. For the purposes of this contract, the contractor warrants that it is authorized and empowered to and hereby grants the State and the Supplier Manager the right and license to use, reproduce, transmit, distribute and publicly display this information. In addition, for the purposes of this contract, the contractor warrants that it is authorized and empowered to and hereby grants the State and the Supplier Manager the right and license to reproduce and display contractor’s trademarks, service marks, logos, trade dress or other branding designation that identifies the goods available under the contract. The Supplier Manager shall create and maintain, with contractor’s timely assistance, web-based placement of contract information, where appropriate, that includes the contract items distributed by the contractor within the appropriate contract categories. The State shall provide any price adjustment/product modification information that it has approved during the course of the contract, to the Supplier Manager immediately upon such change.

If the contractor is not the manufacturer, then it shall be the contractor’s responsibility to obtain…