IP CONFIGURATION ORCHID SOFTWARE

IFB#251-27-128
Memorandum from Purchasing Department
Letter of Instruction for IFB #251-27-128
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,
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 IFB 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
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.
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IFB#251-27-128
Information for Bid #251-27-128
1551 Rock Quarry Rd Bldg. F PUBLIC BID OPENING: June 23, 2026 @ 2:00PM ET
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Marcella Calvert Commodity: 432332 Security and Protection Software
Telephone No: 919-588-3457 IPConfiguration Orchid Software
E-Mail: bids-mcalvert@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 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 Proposals 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 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 del
proposal has been received as described in this IFB 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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IFB#251-27-128
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
IFB SCHEDULE
The table below shows the intended schedule for this IFB. WCPSS will make every effort to adhere to this
schedule.
Event Responsibility Date and Time
Issue IFB WCPSS June 11, 2026
Questions submitted to: Vendor/WCPSS June 16, 2026, at 2:00 PM/ET
bids-mcalvert@wcpss.net
(Reference IFB # 251-27-105 in subject line)
Provide Response to Questions WCPSS June 18, 2026 by end of business day
Submit Proposals Vendor By June 23, 2026, 2:00 PM/ET
Public Live Bid Opening WCPSS, Vendor June 23, 2026, at 2:00 PM/ET
(Vendor attendance is not required) Microsoft Teams meeting
Join:
https://teams.microsoft.com/meet/282449
426788958?p=u3r80jYoQMNHmhueIm
Meeting ID: 282 449 426 788 958
Passcode: kh7Xe9rB
PROPOSAL QUESTIONS
Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB 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
IFB #251-27-128
submittals should include a reference to the applicable IFB section and be submitted in the format shown below:
Reference Vendor Question
IFB Section, Page Number
necessary by WCPSS will be posted in the form of an Addendum and shall become an Addendum to this IFB. 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 IFB, shall be considered authoritative or binding.
Vendors shall rely only on written material contained in an Addendum to this IFB. Addendums associated with the
and check these addendums prior to bid submittal:
http://webarchive.wcpss.net/about-us/purchasing/open-bids.html
https://evp.nc.gov/solicitations
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IFB#251-27-128
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 IFB are not required to be bid under North Carolina law, and none of the
statutory requirements regarding public bidding apply to this IFB. This document, and not those statutes, will
govern the selection process.
WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS have
any obligation to explain its decision to recommend or not to recommend any particular vendor or to invite or
exclude any particular vendor from consideration at any stage of the process. Instead of recommending that
contracts be awarded to one or more vendors who presented proposals, WCPSS may, at its sole discretion, reject
the proposals and repeat the process, enter into direct contract negotiations with one or more vendors (possibly
including vendors who have not previously submitted proposals) or take any other action WCPSS deems advisable
under all the circumstances.
WCPSS is expected to make any final selection(s) based upon any factors or considerations WCPSS deems
relevant. Factors often considered include qualifications, relevant experience, fee, and ability to perform work in
a timely manner. WCPSS retains sole discretion to award the contract to the vendor(s) it believes will best serve
the interests of WCPSS and may consider any factors, documents, or information it deems relevant in making that
determination. WCPSS shall not have any obligation to explain its decision to select or not select any individual
vendors or to invite or exclude any individual vendors from consideration at any stage of the process. The
decision of WCPSS to accept or reject any proposals and to award contract(s) to any one or more vendor(s) shall
be final and not subject to further review.
Vendors are subject to immediate disqualification at any stage of the selection process for any of the following:
Any efforts to dissuade or discourage other vendors from submitting proposals.
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 IFB
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 IFB will be for an initial duration of twelve months, renewable
for up to four (4) additional one-year terms provided the vendor continues to offer qualified contract resources
at competitive rates.
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
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IFB#251-27-128
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
QUALIFICATIONS
VENDOR shall be licensed and approved to do business in the State of North Carolina.
Insurance requirements referenced within as well as any Federal, State and Local
requirements shall be required and maintained.
No fewer than 3 years of experience in performing the required duties will be
accepted. Please provide a minimum of 3 references.
Demonstrated experience in performing similar projects.
SCOPE OF WORK
BACKGROUND
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. The
district has multiple school calendars, and our school year begins the first week of July and ends June 30.
Additional information about the school system can be accessed via the internet site (www.wcpss.net).
PROJECT OBJECTIVES
The primary objective of this IFB is to procure IPConfiguration Orchid Software.
PRICING
IPC-ORH-SAAS:5YR-A
IPConfigure Orchid Hybrid SaaS: Software and Cloud Access Services
5-year, time-limited software license, per camera.
To be invoiced and paid in annual installments
Value Added Products and Services
Include any additional services available that vendor currently performs in their normal course of business that is
not included in the scope of the solicitation that you think will enhance and add value at no additional cost to the
district.
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IFB#251-27-128
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
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
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 IFB or general inquiries directed to the purchaser regarding requirements of the IFB (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.
REQUIRED SUBMITTALS
The Vendor shall submit the following information with the proposal:
Cost/Price Proposal
Attachments A & C
Customer References (page 7)
DEADLINE FOR PROPOSAL SUBMITTAL
Proposals are due no later than June 23, 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 IFB shall
be answered per aforementioned instructions.
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IFB#251-27-128
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 Contact Person
Organization Name
Annual Contract Contact Person
Value Title
Contract Start Date Contact Person
Telephone
Number
Contract End Date Contact Person
Email Address
Name of Contact Person
Organization Name
Annual Contract Contact Person
Value Title
Contract Start Date Contact Person
Telephone
Number
Contract End Date Contact Person
Email Address
Name of Contact Person
Organization Name
Annual Contract Contact Person
Value Title
Contract Start Date Contact Person
Telephone
Number
Contract End Date Contact Person
Email Address
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IFB#251-27-128
TERMS AND CONDITIONS
1. READ, REVIEW AND COMPLY:
attachments, and comply with all requirements specified herein.
1. 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
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.
2. 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.
3. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.
4. 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.
5. TIME FOR CONSIDERATION:
from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best
bid most advantageous to WCPSS as determined upon consideration of such factors as: prices offered; the quality of the articles
offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and
other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates
of delivery and performance; and such other factors deemed by WCPSS to be pertinent or peculiar to the purchase in question. Unless
otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or group of items on a multi-item bid.
WCPSS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, WCPSS reserves the right to make partial,
progressive, or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to
provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by WCPSS
to be pertinent or peculiar to the purchase in question.
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IFB#251-27-128
13. 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.
14. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the bidder does not
. 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.
15. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon
f bid
op d
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
rom 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. 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 no 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
ted
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.
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IFB#251-27-128
28. ASSIGNMENT:
permitted.
However, upon written request approved by the purchasing department and solely as a convenience to the contractor, WCPSS may:
a.
b.
In no event shall such approval and action obligate WCPSS to anyone other than the contractor and the contractor shall remain
responsible for fulfillment of all contract obligations.
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
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 award of a 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
b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period. Increases:
All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for
increase may be submitted with WCPSS reserving the right to accept or reject the increase or cancel the contract. Such action by
WCPSS shall occur not later than 15 days after the receipt by WCPSS of a properly documented request for price increase. Any
increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the
request for increase.
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
n 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
ay 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
e
discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In
ses this
right to conduct additional criminal records checks, Provider agrees to provide within seven (7) days of request the full name, date of
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