COACHING SUPPORTS

Memorandum from Purchasing Department
Letter of Instruction for RFP #251-27-126
To: Prospective Parties
Thank you for your interest in the Wake County Public School System. Please review the
following instructions prior to submitting your proposal.
* Prior to submitting and executing the proposal, please make sure you read and
understand the terms and conditions referenced. All proposals are subject to the
terms and conditions outlined herein. All responses will be controlled by such terms
and conditions and the submission of other terms and conditions, price lists, catalogs,
and/or other documents as part of an offeror's response will be waived and have no
effect either on this Request For Proposals or on any contract that may be awarded
resulting from this solicitation. The attachment of any other terms and conditions by
the Offeror may be grounds for rejection of that proposal. Offeror specifically agrees
to the conditions set forth in the above paragraph by signature to the proposal.
* Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED
COMMUNICATIONS DURING THE RFP PROCESS. All questions should be directed to
bids-pgooding@wcpss.net.
* Offerors are cautioned that this is a request for offers, not a request to contract, and
WCPSS reserves the unqualified right to reject any and all offers when such rejection
is deemed to be in the best interest of WCPSS.
* In submitting a proposal, the Offeror agrees not to use the results there from as part
of any news release or commercial advertising.
* Submit one (1) signed, original 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. 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.
* WCPSS publicly advertises proposal solicitations on the following sites: NC eVP,
https://evp.nc.gov/ and WCPSS Purchasing http://www.wcpss.net/domain/101. Please
review these sites for updates and amendments during the proposal time frame.
* WCPSS intends to award a one-year contract pursuant to this RFP. WCPSS reserves the right
to renew the award for two additional one-year terms at the same cost at the discretion of the
district and based on available funding.
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Request for Proposal #251-27-126
HIGH IMPACT INSTRUCTIONAL STRATEGIES
AND COACHING SUPPORTS
1551 Rock Quarry Rd - Bldg. F
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Petra Gooding
Telephone No: 919-588-3456 DUE DATE: June 22, 2026 @ 1:00 pm
E-Mail: bids-pgooding@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 p.m. on the day of opening
and then opened, for furnishing and delivering the commodity 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 accepted. Proposals are subject to rejection unless submitted on this form.
EXECUTION
In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees
to furnish and deliver any or all items upon which prices are 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 this page 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
PROPOSAL SUBMITTAL
Submit one (1) signed, original executed proposal response via eVP (emails not accepted).
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 offers to the district,
Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training.
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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 6-11-26
Submit written questions to: Vendor 6-15-26 by 1:00 pm ET
bids-pgooding@wcpss.net
(Reference RFP # in the subject line)
Provide Responses to Questions WCPSS 6-16-26 by end-of-business
Submit Proposals Vendor 6-22-26 @ 1:00 PM ET
Public Live Bid Opening WCPSS/Vendor 6-22-26 @ 1:00 PM ET
(vendor attendance is not required)
Microsoft Teams meeting
Join:
https://teams.microsoft.com/meet/211174
670938884?p=LzsiH043jjSaH8kxK8
Meeting ID: 211 174 670 938 884
Passcode: J6HM32qu
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-pgooding@wcpss.net by the date and time
specified above. Vendors should enter "RFP #251-27-126 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:
Reference Vendor Question
RFP Section, Page Number Vendor question ...?
Questions received prior to the submission deadline date, WCPSS' response, and any additional terms deemed
necessary by WCPSS will be posted in the form of an addendum 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.
WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS have
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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.
IMPORTANT: CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period-from the date proposals are opened 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 person inside or outside of WCPSS regarding this solicitation. All
communication should be directed in written form to the WCPSS contact indicated on pages 1, 2, and 3.
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PROJECT PURPOSE AND OBJECTIVES
The purpose of this Request for Proposal (RFP) is to solicit bids from qualified vendors to provide professional
learning, instructional strategies, and job-embedded coaching supports.
The Wake County Public School System (WCPSS) has diverse student needs, and this initiative aims to equip both
classroom educators and central service support teams with high-leverage tools to maximize student outcomes.
Vendors may submit proposals for Component 1, Component 2, or Both Components.
WCPSS is requesting pricing proposals for School Improvement and Capacity Building Project including:
1) High Impact Instructional Strategies (Brain Friendly Instruction, Cooperative Learning, Active Student
Engagement) and/or
2) Coaching Professional Learning and Supports for Central Service Staff Members in Title I, ESL, and
Advanced Learning Services.
BACKGROUND
For background purposes, 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).
SCOPE OF WORK
Vendor must be able to meet requirements for one or both components of the RFP- 1) High Impact Instructional
Strategies (Brain Friendly Instruction, Cooperative Learning, Active Student Engagement) and/or 2) Coaching
Professional Learning and Supports for Central Service Staff Members in Title I, ESL, and Advanced Learning
Services
WCPSS intends to award a one-year contract pursuant to this RFP. WCPSS reserves the right to renew the award
for two additional one-year terms at the same cost at the discretion of the district and based on available funding.
Component 1: High-Impact Instructional Strategies
The selected vendor(s) will design and deliver professional learning focused on evidence-based, high-impact
instructional strategies that increase student cognitive load, engagement, and retention.
Brain-Friendly Instruction: Training on how the brain learns, retains, and retrieves information. This
includes strategies for managing cognitive load, spacing learning, utilizing formative retrieval practices,
and creating emotionally safe learning environments.
Cooperative Learning: Structured frameworks for student-to-student interaction that ensure positive
interdependence, individual accountability, and equal participation (e.g., Kagan structures or similar
proven methodologies).
Active Student Engagement: Practical, scalable strategies to move students from passive listening to
active processing, ensuring 100% participation rather than relying on a few volunteering students.
Component 2: Coaching Professional Learning and Supports for Central Service Staff
The selected vendor will provide targeted professional learning and coaching frameworks specifically tailored for
Central Service Staff members who support specialized student populations.
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Target Audience: Central Office specialists, instructional coaches, and directors within:
Title I (Supporting socioeconomically disadvantaged students and schoolwide
compliance/programming)
ESL / ML (English as a Second Language/Multilingual Learners)
Advanced Learning Services (AIG and Accelerative Opportunities)
Core Deliverables:
Developing a unified coaching model or refining the existing framework used by central staff.
Training central service teams on how to effectively coach adult learners, analyze data, and
support school-based staff.
Providing job-embedded side-by-side coaching, feedback loops, and calibration sessions for
central office personnel.
VENDOR QUALIFICATIONS
* Vendors shall demonstrate a proven track record (minimum of 10 years) of delivering a significant number
of large-scale professional learning to K-12 school districts of Wake's size (providing documentation to
show this)
* Deep expertise in adult learning theories and job-embedded instructional coaching models
* Demonstrated experience working with diverse student populations, including English Learners, Title I
school communities, and Advanced Learners
* Capacity to provide both in-person and virtual delivery models as needed.
* VENDOR shall be licensed (when applicable) and approved to do business in the State of North Carolina.
* Provider will work with the WCPSS Human Resources department to complete criminal background
checks on all employees providing tutoring.
* The Provider/Company must complete and submit the 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.
* Insurance requirements referenced within as well as any Federal, State and Local requirements shall be
required and maintained.
* Vendor will be disqualified for consideration if they are listed on either the State of North Carolina
debarred vendor registry, or the Federal Government debarred vendor registry.
(Federal Government)
https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf
(State of North Carolina)
https://ncadmin.nc.gov/documents/nc-debarred-vendors
PROPOSAL SUBMISSION REQUIREMENTS
To be considered for evaluation, vendors must submit a proposal organized into the following sections:
Section A: Required Proposal Documents
Signed and completed Execution Page (page 2 of this RFP)
Attachment A completed (page 15)
Attachment B completed (page 16)
Section B: Executive Summary & Company Profile
For Both: Brief overview of the organization, its mission, experience in K-12 education, data illustrating
positive impact on student data outcomes with at least 3 K-12 school districts of Wake's size; citing any of
this data being with Wake itself
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For Both: Clear statement indicating whether the proposal covers Component 1, Component 2, or Both.
Section C: Technical Approach & Methodology
For Component 1: Describe the specific frameworks, research basis, and delivery method for Brain-
Friendly Instruction, Cooperative Learning, and Active Engagement.
For Component 2: Outline the proposed coaching model and strategy for supporting Central Service staff
across Title I, ESL, and Advanced Learning.
For Both: Include a sample project timeline detailing implementation from kickoff through final
evaluation.
Section D: Staffing & Personnel Qualifications
For Both: Resumes/CVs of the specific consultants, trainers, or coaches who will be assigned to this
project.
For Both: Demonstration of their experience coaching central office leadership and/or delivering high-
impact strategies
Section E: Past Performance & References
Provide three (3) references from K-12 school districts of similar size/demographics served within the last
three years. Include contact names, phone numbers, and emails.
Section F: Cost Proposal
* Vendor shall submit their cost proposal on their own form as the final section of their proposal.
* Vendors must submit a transparent, itemized budget.
If bidding on both components, pricing must be clearly separated by Component 1 and Component 2.
For Both: Include daily rates for in-person vs. virtual sessions, materials fees, travel expenses, and any
licensing costs for proprietary frameworks.
Costs shall be all-inclusive of any expenses, including materials, supplies, training, etc.
EVALUATION CRITERIA
Proposals will be evaluated based on a 100-point matrix:
Evaluation Criteria Weight / Points
Qualifications & Experience: Proven track record in K-12 education and specific 25 points
experience with Title I, ESL, or Advanced Academics
Program Design & Alignment: Quality of the instructional strategies or coaching 35 points
frameworks and their alignment to district goals.
Capacity & Implementation Plan: Feasibility of the timeline, sustainability of the 20 points
model, and quality of assigned personnel.
Cost Effectiveness: Value of the services relative to the proposed budget and 20 points
transparency of itemized costs.
AWARD OF CONTRACT
The contract shall be awarded for an initial one-year term. WCPSS reserves the right to renew for
two additional one-year terms at its discretion.
It shall be mandatory that the selected vendor enforce the following employee requirements:
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All employees are subject to the required background checks as described in the terms and
conditions section of the solicitation. Any employee of the awarded vendor that does not
meet the requirements are subject to dismissal.
Multiple vendors may be awarded one or more components of this RFP
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.
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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. 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,
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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.
29. ASSIGNMENT: No assignment of the contractor's obligations nor the contractor's right to receive payment hereunder shall be
permitted.
However, upon written request approved by the purchasing department and solely as a convenience to the contractor, WCPSS may:
a. Forward the contractor's payment check directly to any person or entity designated by the contractor, and
b. Include any person or entity designated by contractor as a joint payee on the contractor's payment check.
In no event shall such approval and action obligate WCPSS to anyone other than the contractor and the contractor shall remain
responsible for fulfillment of all contract obligations.
30. INSURANCE:
Certificates of Insurance acceptable to WCPSS shall be filed with WCPSS prior to commencement of the Work. These
Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30)
days' prior written notice has been given to WCPSS, and that the Wake County Board of Education is listed as additional
insured on general liability and automobile liability. Provider agrees to maintain the appropriate insurance outlined in Exhibit
B. Other types of appropriate insurance may be required depending upon scope of services provided. Examples are
aviation liability, pollution liability, crime, employee dishonesty/directors and officers.
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.
31. 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.
32. 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.
33. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum
purchases there under.
34. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the
contract period must be general, either by reason of market change or on the part of the contractor to other customers.
a. Notification: Must be given to WCPSS, in writing, concerning any proposed price adjustments. Such notification shall be
accompanied by copy of manufacturer's official notice or other acceptable evidence that the change is general in nature.
b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period. Increases: All
prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase
may be submitted with WCPSS reserving the right to accept or reject the increase or cancel the contract. Such action by WCPSS shall
occur not later than 15 days after the receipt by WCPSS of a properly documented request for price increase. Any increases accepted
shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.
35. 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.
36. 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
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