RFP #251-27-154

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Memorandum from Purchasing Department

Letter of Instruction for RFP #251-27-154

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.

● All submittals must be organized and indexed according to the order of the required subject matter. The information in your submittal should be indexed and easily accessed by WCPSS. WCPSS is not required to seek clarification on any proposal that does not meet these minimum requirements.

● 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.

● WCPSS will adhere to strict deadlines as indicated in the solicitation document and thus will not make exceptions to these dates and times.

● 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 therefrom as part of any news release or commercial advertising.

● Submit one (1) signed, original response via electronic Vendor Portal (eVP) by the specified time and date of opening. Vendor shall bear all risk for late electronic submission due to unintended or unanticipated delay, including but not limited to internet issues, network issues, or local power outages. Vendor must include all pages of this solicitation in their response. Inability by WCPSS to open the Vendor’s files may result in the offer(s) being rejected as non-responsive.

● Questions or issues related to using the eVP Ariba Sourcing Tool can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST.

● Offerors are cautioned that responses will be deemed nonresponsive if they do not include all required information and submittals as requested.

● Offerors shall not be debarred from doing business with Wake County, North Carolina or the federal government.

Offeror shall disclose a debarment or UCC lien.

● Include a copy of IRS Form W-9 along with WCPSS Vendor Information Form (Attachment A).

● Before submitting a bid, Vendor must be registered with North Caroline eVP. Additional information can be found at https://eprocurement.nc.gov/registering-evp/download?attachment. There is no cost to register.

WCPSS publicly advertises proposal solicitations on the following sites: NC eVP -http://webarchive.wcpss.net/about-us/purchasing/open-bids.html and WCPSS - https://evp.nc.gov/solicitations.

Please review these sites for updates and amendments during the proposal timeframe.

mailto:bids-mcalvert@wcpss.net https://eprocurement.nc.gov/registering-evp/download?attachment http://webarchive.wcpss.net/about-us/purchasing/open-bids.html https://evp.nc.gov/solicitations

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Request for Proposal #251-27-154

1551 Rock Quarry Rd – Bldg. F Proposals will be publicly opened: September 21, 2026, at

2:00 PM ET

Raleigh, NC 27610 Contract Type: Agency Specific Term Contract

Refer ALL Inquiries to: Marcella Calvert Telephone No: 919-588-3457 Email: bids-mcalvert@wcpss.net

Commodity: 781118 Bid Title: STUDENT TRANSPORTATION – SCORE

ACADEMY

Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM

NOTICE TO VENDORS

Electronic proposals, subject to the conditions made a part hereof, will be received until 2:00 PM ET on the day of opening and then opened, for proposal submittal process the commodity or service as described herein. Refer to proposal submittal below for information regarding delivery. Proposals submitted via email or non-sealed in response to this Request for Proposal will not be acceptable. 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 proposed, 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 shall 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 45 days from date of proposal opening unless otherwise stated here: ________ days.

Prompt Payment Discount: _____ % __________________ days.

Submit one (1) signed, original executed proposal response via eVP (emails not accepted).

PROPOSAL SUBMITTAL: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendors’ sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor's proposal(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendors’ proposals for this procurement must be submitted through electronic Vendor Portal (eVP). For training on how to use eVP to view solicitations, submit questions, develop responses, upload documents, and submit

3 | Page offers to the district, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

RFP SCHEDULE

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

Event Responsibility Date and Time (ET)

Issue RFP WCPSS 9/9/2026

Submit written questions to bids-mcalvert@wcpss.net

(Reference RFP # in the subject line)

Vendor 9/14/2026 by 2:00 PM ET

Provide Responses to Questions WCPSS 9/16/2026 by end of business day

Submit Proposals Vendor 9/21/2026 by 2:00 PM ET

Public Live Bid Opening

(Vendor attendance is not required)

WCPSS, Vendor 9/21/2026 at 2:00 PM ET

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/297 532517154891?p=ZIqjJJf5BbUH99NE85 Meeting ID: 297 532 517 154 891 Passcode: E87Ma9jv

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, in written form by the above due date. WCPSS will not respond to questions via telephone or telephone message(s). Written questions must be emailed to bids-mcalvert@wcpss.net by the date and time specified above. Vendors should enter “RFP #251-27-154 Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in the format shown below:

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:

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 RFP are not required to be bid under North Carolina law, and none of the statutory requirements regarding public bidding apply to this RFP. This document, and not those statutes, will

Reference Vendor Question

RFP Section, Page Number Vendor question …?

https://eprocurement.nc.gov/training/vendor-training https://eprocurement.nc.gov/training/vendor-training mailto:bids-mcalvert@wcpss.net https://teams.microsoft.com/meet/297532517154891?p=ZIqjJJf5BbUH99NE85 https://teams.microsoft.com/meet/297532517154891?p=ZIqjJJf5BbUH99NE85 mailto:bids-mcalvert@wcpss.net

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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.

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.

TERM OF CONTRACT

Vendor(s) awarded a contract as a result of this RFP will be for an initial duration of nine (9) months, beginning in October 2026 and ending in June 2027.

VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM

The NC Electronic Vendor Portal (eVP) allows Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and services available at the following website:

https://evp.nc.gov.

ELECTRONIC VENDOR PORTAL (EVP)

The State has implemented the Electronic Vendor Portal (eVP) to connect vendors with state government organizations that purchase goods and services and allows the public to retrieve award notices and other information. Please register at https://evp.nc.gov to receive bid notification and electronic procurement opportunities from Wake County Public Schools. Results may be found by searching by Solicitation Number. This information may not be available for several weeks depending upon the complexity of the acquisition and the length of time to complete the evaluation process.

Terms of Use Link: https://eprocurement.nc.gov/evp-terms-use/open https://evp.nc.gov/ https://eprocurement.nc.gov/evp-terms-use/open

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PROJECT OBJECTIVES

WCPSS is seeking vendors to provide transportation to and from school for SCORE Academy students to participate in targeted academic and social emotional learning activities. The Vendor will transport SCORE Academy’s students from the student’s residence to the specified SCORE Academy location and return to the specified SCORE Academy location to transport the student back to their residence.

Vendors will demonstrate that they possess the ability to staff and transport students per the laws and policies associated with student transportation as directed by NC General Statute, the Department of Public Instruction, and the Wake County Public Schools System.

BACKGROUND

WCPSS supports over 200 sites for approximately 160,000 students and 20,000 staff. WCPSS is the 15th largest school district in the United States and the largest in North Carolina, operating on multiple academic calendars.

The school year begins in early July and concludes on June 30. A list of schools and locations can be accessed via the internet site www.wcpss.net.

SCOPE OF WORK

The Wake County Public School System (WCPSS) is seeking price, schedule, and service proposal to establish one or more service contracts for the transportation of SCORE Academy students during the 2026-2027 school year.

Transportation is required for four (4) SCORE Academy sites:

SCORE Academy – Fuquay Varina 109 Ennis Street Fuquay Varina, NC 27526

SCORE Academy – River Oaks 4600 New Bern Ave Raleigh, NC 27610

SCORE Academy – Garner Station 1423 Garner Station Boulevard Raleigh, NC 27603

SCORE Academy – North Raleigh 5805 Departure Drive Raleigh, NC 27616

No more than 12 students per cohort will be transported on the following dates:

Oct: 2, 9, 16, 23, 30 Nov: 6, 13 Dec: 4, 11 Jan: 29

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.

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

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

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Feb: 5, 12, 19, 26 Mar: 5, 12, 19 Apr: 9, 16, 23, 30 May: 7, 14 Semester 1 Exams: (one site per day-1 car) January - 4, 5, 6, 7, 8, 11, 12, 13 Semester 2 Exams: (one site per day-1 car) May - 26, 27, 28 June - 1, 2, 3, 4, 7

On each specified date:

• Vendor will transport students in the Morning Cohort from their residences to the specified SCORE Academy location by 8:30am. The vendor will return to the specified SCORE Academy location at 11:00am to transport students back to their residences.

Vendor acknowledgement: __________

• Transportation will be provided between October 2026 – June 2027.

Vendor acknowledgement: __________

• Vendor acknowledges that staffing and vehicles are available for this designated time frame.

Vendor acknowledgement: ___________

• Vendors shall provide transportation to and from the locations listed in Attachment D on Fridays for the dates and periods of time indicated.

Vendor acknowledgement: ___________

• Vendors shall provide transportation to and from the locations listed in Attachment D during semester exams. Vendor will work with the site coordinator to confirm dates and times of exams.

Vendor acknowledgement: ___________

• Vendors shall provide transportation for students identified by WCPSS in association with program criteria for SCORE Academy.

Vendor acknowledgement: ___________

• The vendor will work with the site coordinator to access routes and other information needed to provide the service.

Vendor acknowledgement: ___________

• The contract shall be awarded for the term of October 2026 to June 2027 only. SCORE Academy will provide a proposed schedule for the 2026-2027 school year. WCPSS does not imply that future services will be required or contracted.

Vendor acknowledgement: ___________

• It shall be mandatory that the selected vendor enforce the following employee requirements:

o All employees are subject to the required background checks as described in the terms and conditions section of the solicitation. Any employee of awarded vendor that does not meet the requirements is subject to dismissal.

Vendor acknowledgement: ___________

• The vendor shall have vehicle space available for a minimum of ten students (with no student seated in the front seat). 15 passenger vans are prohibited for use.

Vendor acknowledgement: ___________

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• The vendor must ensure that all drivers have a current license to drive. The vendor must check each driver’s driving record.

o Employees who have driving records that show an accumulation of six or more points for moving violations shall not operate vehicles used for this program.

Vendor acknowledgement: ___________ o An employee whose driver's license is suspended or revoked shall not operate a vehicle during the period that the suspension or revocation is in effect.

Vendor acknowledgement: ___________ o Employees who have driving records that exhibit a general disregard for individual responsibility in operating a vehicle either through points accumulation, repeated violations, reckless driving, or driving while under the influence of alcohol or drugs shall not be allowed to operate vehicles used for this program.

Vendor acknowledgement: ___________

• The vendor shall be fully insured and provide a COI that adheres to the attached Terms and Conditions. It will be the vendor’s responsibility to obtain the COI listing the district as additional insured.

Vendor acknowledgement: ___________

● The vendor will work with the WCPSS Human Resources department to complete criminal background checks on all employees providing transportation.

Vendor acknowledgement: ___________

● Per WCPSS Terms and Conditions Section 23: Insurance

○ The vendor shall have Commercial Automobile Liability Insurance including coverage for owned, hired, and non-owned vehicles with limits not less than those stated in the attached Terms &

Conditions.

Vendor acknowledgement: ___________

○ The vendor shall have Commercial General Liability Insurance that includes General Aggregate, Premises Operations, Personal & Advertising Injury and Medical Expense with limits not less than those stated in the attached Terms & Conditions.

Vendor acknowledgement: ___________

○ Sexual Misconduct and Molestation coverage with limits no less than those stated in the attached

Terms & Conditions.

Vendor acknowledgement: ___________

○ The vendor shall have Workers Compensation coverage on their employees, including

Occupational Disease and Employer’s Liability Insurance with limits not less than those stated in the attached Terms & Conditions.

Vendor acknowledgement: ___________

● The vendor must complete and submit a WCPSS Application Supplement Waiver and General Release

Form for each employee providing services to the contract administrator for WCPSS prior to beginning work, in addition to those completed by the provider.

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IMPORTANT:

CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION: During the proposal process from the date proposals are issued through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any Wake County Board of Education member, any employee of WCPSS, or any other person in any way involved in the award of this contract, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, 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 proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award. A Vendor’s proposal 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). Only those discussions, communications or transmittals of information authorized or initiated by WCPSS for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision.

Notwithstanding the above, the vendor may direct any written concerns, questions, or issues to Marcella Calvert at bids-mcalvert@wcpss.net.

QUALIFICATIONS

A. Vendors shall be licensed and approved to do business in the State of North Carolina.

B. No fewer than five years’ experience in performing the required duties will be accepted. Please provide references.

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

D. Present sufficient qualified personnel to carry out the project in a timely fashion. Please include staffing information.

E. Vendors 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

COST PROPOSAL

Vendors shall provide costs at a daily rate, based on the program and dates of service listed below.

Vendor may be required to provide time sheets to support payment requests.

Oct: 2, 9, 16, 23, 30 Nov: 6, 13 Dec: 4, 11 Jan: 29 Feb: 5, 12, 19, 26 Mar: 5, 12, 19 Apr: 9, 16, 23, 30 May: 7, 14 Semester 1 Exams: (one site per day-1 car) January - 4, 5, 6, 7, 8, 11, 12, 13 Semester 2 Exams: (one site per day-1 car) May - 26, 27, 28 June - 1, 2, 3, 4, 7

DEADLINE FOR PROPOSAL SUBMITTAL

Proposals are due no later than September 21, 2026, at 2:00 PM ET. WCPSS reserves the right to reject any proposals that are not submitted by the deadline in its sole discretion. Questions regarding the RFP shall be answered per aforementioned instructions.

mailto:bids-mcalvert@wcpss.net

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REQUIRED SUBMITTALS

• Signed, original execution page (page 2)

• Completed Attachment A

• Customer References (page 10)

• Certificate of Insurance

• Relevant experience and project methodology

• Pricing Proposal (Attachment B)

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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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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.

14. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the bidder does not wish to disclose confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost

12 | Page 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.

15. SAMPLES: Sample 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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

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

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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.

29. 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.

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.

30. 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.

31. 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.

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

33. 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.

c. 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.

34. 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.

35. 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 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

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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.

36. 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).

37. 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.

38. 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.

39. 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.

40. 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 - Insurance Requirements

COMMERCIAL GENERAL LIABILITY, COMMERCIAL AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION ARE STANDARD LINES OF

COVERAGE REQUIRED FOR ALL WAKE COUNTY BOARD OF EDUCATION (WCBOE) AGREEMENTS

Type of Insurance Type of Service Minimum Insurance Limits

Commercial General Liability

(CGL)_ for direct operations, contractual liability and completed operations with limits not less than those stated

All Services $1,000,000 each occurrence Including Personal &

Advertising Injury $1,000,000 each occurrence with $2,000,000 General Aggregate, and

$2,000,000 Products/Completed Operations

Aggregate and Medical Expense $5,000 (any one person)

Commercial Automobile Liability

(CAL) including coverage for owned, hired, and non-owned vehicles:

Enhanced Limits Automobile

Liability

All Services operating vehicles on WCPSS sites or transporting goods.

Contact WCPSS Risk Management For services that transport Students or Staff

Contact WCPSS Risk Management for

Charter/Motorcoach Transportation

$1,000,000 per occurrence Combined Single Limit each accident.

$2,000,000 per occurrence Combined Single Limit

(for Hired Transportation example EC

Transportation, Special Events)

$5,000,000 per occurrence/Combined Single Limit required for Charter/Motorcoach Transportation

Services

Workers Compensation (WC) including Occupational Disease and Employer's Liability

Insurance.

All Services

Required for any contractor with three or more W2 employees.

Contractors not required by law to carry Workers

Compensation may be required to provide proof of or attest the personal health insurance

Part A: Worker’s Compensation Coverage –

Statutory Limits as required by state of North

Carolina Worker’s Compensation laws.

Part B: Employer’s Liability

Bodily Injury by Accident: $500,000 each accident

Bodily Injury by Disease: $500,000 each employee

Bodily Injury by Disease: $500,000 Policy Limit

OTHER INDUSTRY TYPES OF APPROPRIATE INSURANCE BELOW OR LIMITS ARE REQUIRED BY WCPSS RISK

MANAGEMENT DEPENDING UPON THE SCOPE OF SERVICES

Professional Liability Insurance

(PL) Errors and Omissions

(E&O)

Required for any services involving professional services such as architectural and or engineering and design services. May include malpractice insurance if medical or mental health services are provided.

Minimum $1,000,000.

Sexual Misconduct Liability

(SML) /Sexual

Abuse/Molestation (SAM)

Required for any provider services when alone with students, including online services involving live chat.

For allegations of sexual abuse by policyholders and those employed by them, whether founded or unfounded.

Minimum $1,000,000.

Cyber Liability (CL) Required for any service with access to or exchange involving personally identifiable information or software applications.

Minimum Limit requirements $1,000,000 up to

$5,000,000

Aircraft/Aviation General

Liability (AGL)

Required for any services or presentations involving manned or unmanned flight. Most commercial general liability policies will not cover aviation-related exposures.

Minimum $1,000,000 for each occurrence +

WCBOE Policy must be followed, and WCPSS

Risk Management must approve the flying pre-flight.

Pollution Liability Required if hazardous waste / harmful substances are being utilized or disturbed.

Minimum $1,000,000. Each wrongful act with

$2,000,000 aggregate

Commercial Crime Insurance

(Included extension to third parties)

Required for contracted services that have…