Fire Shutters Testing/Inspection

Memorandum from Purchasing Department
Letter of Instruction
To: Prospective Parties
Thank you for your interest in the Wake County Public School System (WCPSS). 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 contained 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. If you questions concerning this information please direct all questions to Debra Wallace at
dwallace2@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 the 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 any debarment or UCC lien.
* The award and subsequent contract for these services is not subject to the use of federal funding and cannot be
used for purchases as such. In the event federal funding is required for this service at a later date, the district will
solicit new proposals with federal funding requirements and regulations and issue an award for those services only.
* WCPSS publicly advertises proposal solicitations on the following sites: NC eVP), https://evp.nc.gov/, WCPSS Purchasing
http://www.wcpss.net/domain/101, and NC Historically Underutilized Businesses https://ncadmin.nc.gov/businesses/historically-
underutilized-businesses-hub/submit-bid-opportunities-hub. Please review these sites for updates and amendments during
the proposal time frame.
* In the event a prebid meeting is scheduled, offeror is urged and encouraged to attend. Site visits are scheduled
through appropriate WCPSS staff and cannot be scheduled individually.
* All communication shall be in written form (email) and directed to the buyer of record identified within this
document. Deviations from this may subject your response to disqualification.
* Prebid meetings if applicable will be held at 1551 Rock Quarry Rd., Bldg. F at the designated time.
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Request for Proposal # 251-27-037
Proposals will be publicly opened: April 23 , 2026, at
1551 Rock Quarry Rd - Bldg. F
1:00PM/ET
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Commodity/Service: Fire Shutters Testing/Inspection &
Refer ALL Inquiries to: Clarence Rogers
Corrective Maintenance Job Order Contract
Commodity Code: 781416
E-Mail: bids-crogers7@wcpss.net 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 1:00 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 invitation for proposals will
not be acceptable. Proposals are subject to rejection unless submitted on this form.
EXECUTION
In compliance with this invitation for proposals, and subject to all the conditions herein, the undersigned offers and
agrees to furnish and deliver any or all items or services upon which prices are proposed, within the time specified herein.
By executing this proposal, I certify that this proposal is submitted competitively and without collusion.
Failure to execute/sign proposal prior to submittal may render bid invalid. Late proposals are not acceptable.
VENDOR: FEDERAL ID OR SOCIAL SECURITY NO.
STREET ADDRESS: P.O. BOX: ZIP:
TOLL FREE TEL. NO
CITY & STATE & ZIP: TELEPHONE NUMBER:
(800)
PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE
TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:
AUTHORIZED SIGNATURE: DATE: E-MAIL:
Offer valid for 60 days from date of proposal opening unless otherwise stated here: days. 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.
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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 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
Issue RFP WCPSS March 17, 2026
Attend Urged and Cautioned Pre-Proposal Meeting Vendor April 8, 2026, at 9:00 AM/ET
1551 Rock Quarry Road, Bldg. F
Raleigh, NC 27610
Questions submitted to: bids-crogers7@wcpss.net Vendor/WCPSS April 15, 2026, at 11:00 AM/ET
(Reference RFP # 251-27-037 in subject line)
Provide Response to Questions WCPSS April 17, 2026
Submit Proposals Vendor April 23, 2026, at 1:00 PM/ET
Public Live Bid Opening WCPSS, Vendor April 23, 2026, at 1:00 PM/ET
Microsoft Teams meeting:
Join:
https://teams.microsoft.com/meet/2440509817635
2?p=7a50pg4RYWvC7dLDhN
Meeting ID: 244 050 981 763 52
Passcode: 5Rz7jE6n
Dial in by phone
+1 929-376-1007,,668651886# United States, New
York City
Find a local number
Phone conference ID: 668 651 886#
NON-MANDATORY MEETING: Prospective vendors are STRONGLY URGED AND CAUTIONED to attend a pre-proposal meeting to
apprise themselves of all data and conditions which will affect the performance of the work and service called for or reasonably
implied by this RFP.
Bidders are cautioned that any information released to attendees during site visit, other than that involving the physical aspects
of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by
written addendum (issued by WCPSS) before it can be considered to be a part of this RFP document. Bidder bidding otherwise
does so at its own risk.
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 shall be emailed to bids-crogers7@wcpss.net at date and time specified above. Vendors should enter
"RFP # 251-27-037 Questions" as the subject for the email. Questions submittals should include a reference to the applicable
RFP section and be submitted in a format shown below:
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Reference Vendor Question
RFP Number, Page Number, Section Name Vendor question ...?
Example: RFP#251-27-037, Page 4, Term of Contract
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 to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us
and WCPSS Purchasing website http://www.wcpss.net/domain/101, 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.
Proposal Evaluation
All proposals will be evaluated by representatives of WCPSS. WCPSS may, at its sole discretion, ask for additional
information and/or elect to conduct interviews with finalists to clarify information provided in the proposals. The services
that are the subject of this RFQ/P are not required to be bid under North Carolina law, and none of the statutory
requirements regarding public bidding apply to this RFQ/P. This document, and not those statutes, will govern the selection
process under G.S 143-129.
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, fees, 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.
Background and Project Objectives
The Wake County Public School System (WCPSS) is currently the largest school district in North Carolina and the 15th largest in the
United States. There are currently 203 schools serving a student population of approximately 161,000, with approximately 20,000
staff. Wake County covers 854 square miles. Additional information about the school system can be accessed via the internet site
(www.wcpss.net).
Purpose and Objective
The Wake County Public School System is seeking to secure a contract, or contracts, to provide Fire Shutters Testing/Inspection
& Corrective Maintenance at various WCPSS facilities throughout the district now or hereafter owned, leased, or possessed by
WCPSS. WCPSS facilities consist of all real property and buildings owned or leased by WCPSS at sites designated.
Term of Contract
The contract service shall be for a period of one (1) year and shall begin July 1, 2026, through July 31, 2027, subject to the
continuation of the program and the availability of funds. The Wake County Public School System reserves the right to extend the
contract for an additional one (1) year period.
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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.
This RFP is available electronically on the electronic Vendor Portal (eVP) at the following website: https://evp.nc.gov. Electronic
bidding is an acceptable way for WCPSS to receive bids pursuant to Board Policy 6430 and G.S. 143-129.9 (a)(2).
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
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
Required Submittals
The Vendor shall submit the following information with the proposal:
* Qualifications shall include:
Years in business;
o
Office locations;
o
Number of full-time staff that will be providing services to WCPSS;
o
* Relevant experience:
* Cost/Price proposal:
* Attachments A&C
Deadline for proposal submittal
The proposals are due no later than April 23, 2026, at 1:00 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.
Scope of Work
Fire Shutters Contractor-must carry appropriate licenses and certifications to meet NFPA 80, Service Personnel Qualifications and
Experience. The contractor must be able to comply with the requirements of NFPA 80 for the inspection, testing, and preventative
maintenance of fire shutters, recognize system defects and malfunctions, and produce all testing documentation as required by
NFPA 80, WCPSS, and the AHJ. The contractor must have adequate qualified personnel to perform all tasks within the agreed
amount of time.
Inspection and Testing Requirements
1. Labels are clearly visible and legible
2. No open holes or breaks exist in surfaces of either the door or frame
3. Slats, endlocks, bottom bar, guide assembly, curtain entry, hood, and flame baffle are correctly installed and intact for
rolling steel fire doors
4. Curtain, barrel, and guides are aligned, level, plumb, and true for rolling steel fire doors.
5. Expansion clearance is maintained in accordance with the manufacturer's listing.
6. Drop release arms and weights are not blocked or wedged.
7. Mounting and assembly bolts are intact and secured.
8. Attachments to jambs are with bolts, expansion anchors, or as otherwise required by the listing.
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9. Smoke detectors, if equipped, are installed and operation.
10. No parts are missing or broken.
11. Fusible links, if equipped, are in the correct location: chain/cable, s-hooks, eyes, and so forth, are in good condition; the
cable or chain is not kinked, pinched, twisted, or inflexible; and links are not painted or coated with dust or grease.
12. Auxiliary hardware items that interfere or prohibit operation are not installed on the door or frame.
13. No field modifications to the door assembly have been performed that void the label.
14. Produce all required inspections documentation; (one copy of the report shall be left in the FACP document box after
completion of the inspection, one copy of the report delivered to WCPSS. Additionally, all inspection reports and
deficiency repairs must be sent into the Wake County Fire Marshal's Office Compliance Engine.
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Cost/Price Proposal
Provide proposals (including all labor, materials, compliance reporting fee and taxes) to perform inspections as described above.
Item # Description of Services Rate
1
Fire Shutter Annual Inspection $______/per year
Fire Shutter Contractor -must carry appropriate licenses and certifications to meet NFPA 204, Service Personnel Qualifications
and Experience. The contractor must be qualified and experienced to perform maintenance repairs, emergency repairs, and/or
minor installation additions to existing building smoke vents. The contractor must have sufficient parts in shop stock to complete
emergency repairs. The contractor must be able to respond on a 24-hour, 7-day basis and will be expected to respond to
emergency requests within two (2) hours.
Item # Description of Services Rate Rate (Overtime)
2 Labor Rate for Installation and Repair
Technician $______/per hour $______/per hour
3 Labor Rate for Installation and Repair Helper
$______/per hour $______/per hour
Materials Overhead & Profit Description
The contractor's net profit on subcontractors' rates shall be no greater than cost plus 5%. The contractor's net profit on materials
overhead and profit shall be cost plus 10% charged to materials required to complete assigned projects. The contractor must be
able to provide documentation showing the cost of materials per the request of WCPSS for any given job. Costs for specialized
tools or equipment required to complete an assigned project will be listed and subject to review by the Owner. The contractor's
net profit on rental equipment shall be no greater than cost plus 5%. This equipment is considered to be large specialty equipment
that the contractor is not expected to have on hand.
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WCPSS Purchasing Department Ethics Policy and Standards of Conduct shall apply to this RFP.
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 Debra Wallace at dwallace2@wcpss.net.
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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: Qualified bids will be evaluated and acceptance may be made of the lowest and best bid most
advantageous to WCPSS as determined upon consideration of such factors as: prices offered; the quality of the articles
offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications
and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the
date or dates of delivery and performance; and such other factors deemed by WCPSS to be pertinent or peculiar to the
purchase in question. Unless otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or
group of items on a multi-item bid. WCPSS also reserves the right to reject any and all bids. In addition, on TERM
CONTRACTS, WCPSS reserves the right to make partial, progressive, or multiple awards: where it is advantageous to award
separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity,
quality, delivery, service, geographical areas; other factors deemed by WCPSS to be pertinent or peculiar to the purchase in
question.
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14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS
invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled
business enterprises and non-profit work centers for the blind and severely disabled.
15. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the
bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as
"CONFIDENTIAL" by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade
secret, the determination whether it is or not will be determined by North Carolina law.
16. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will,
upon request be returned at the bidder's expense. Request for the return of samples must be made within 10 days following
date of bid opening. Otherwise, the samples will become WCPSS property. Each individual sample must be labeled with the
bidder's name, bid number, and item number. A sample on which an award is made, will be retained until the contract is
completed, and then returned, if requested, as specified above.
17. AWARD PROCEDURES: Contract award notice shall be posted on WCPSS website. Contract award notices are sent only to
those actually awarded contracts, and not to every person or firm responding to this solicitation.
18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying
in-state preferences against North Carolina's resident bidders. The "Principal Place of Business" is defined as the principal
place from which the trade or business of the bidder is directed or managed.
19. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WCPSS may procure the articles or services
from other sources and hold the contractor responsible for any excess cost occasioned thereby. WCPSS reserves the right to
require performance bond or other acceptable alternative guarantees from successful bidder without expense to WCPSS.
20. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of
the material, quality, workmanship, or performance of the items offered prior to their delivery, it shall be the responsibility of
the contractor to notify in writing WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves
the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
21. TAXES: Any applicable taxes shall be invoiced as a separate item.
G.S. 143-59.1 bars the WCPSS from entering into contracts with vendors if the vendor or its affiliates meet one of the
conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North
Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of
representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the
market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies
that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.
22. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether
sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined.
23. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the
State of North Carolina.
24. INSPECTION AT CONTRACTOR'S SITE: WCPSS reserves the right to inspect, at a reasonable time, the equipment/item,
plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for
WCPSS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are
adequate and suitable for the proper and effective performance of the contract.
25. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods,
whichever is later. Payment may be made by procurement card, and it shall be accepted by the contractor for payment if the
contractor accepts that card (Visa, MasterCard, etc.) from other customers.
26. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is
understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class
condition. All containers/packaging shall be suitable for handling, storage, or shipment.
27. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by
connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be
constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-
examination listing or identification marking of the appropriate safety standard organization; such as the American Society of
Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers' Association
for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of
listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all
requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and
water pollution.
28. PATENT: The contractor shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of any kind,
including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented
invention, articles, device or appliance manufactured or used in the performance of this contract, including use by WCPSS or
disclosure of any information pursuant to the NC Public Records Act.
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