| Location: | North Carolina |
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| Posted: | Apr 1, 2026 |
| Due: | Apr 15, 2026 |
| Agency: | State Government of North Carolina |
| Type of Government: | State & Local |
| Category: |
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| Solicitation No: | 251-27-100 |
| Publication URL: | To access bid details, please log in. |
| Solicitation Number: | 251-27-100 |
| Project Title: | OMBUDS SERVICES |
| Description: | Ombuds services for the district |
| Opening Date: | 4/15/2026 2:00 PM |
| Posted Date: | 4/2/2026 |
| Status: | Open |
| Department: | WAKE COUNTY BD OF EDUCATION |
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Solicitation Number
*
251-27-100
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Department
WAKE COUNTY BD OF EDUCATION
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Status Reason
Open
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Opening Date
2026-04-15T14:00:00.0000000
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Posted Date
*
2026-04-01T22:39:56.0000000Z
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Primary Commodity Code
Management education and training services
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Mandatory Conference/Site Visit
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—
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Special Instructions
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Solicitation Type
*
Select RFP IFB RFI
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Owner
Petra Gooding
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Description
Ombuds services for the district
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Memorandum from Purchasing Department
Letter of Instruction for RFP #251-27-100
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 executed proposal response and one (1) electronic copy
on a flash drive (emails not accepted) of your proposal simultaneously to the address
identified below.
* Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the
due date. Address the package(s) for delivery as shown in the table below. If Vendor
is submitting more than one (1) proposal, each proposal shall be submitted in separate
envelopes and marked accordingly. For delivery purposes, separate envelopes from a
single Vendor may be included in the same outer package. Proposals are subject to
rejection unless submitted with the information above included on the outside of the
proposal package.
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| 1551 Rock Quarry Rd - Bldg. F Raleigh, NC 27610 | Request for Proposal #251-27-100 |
|---|---|
| OMBUDS SERVICES | |
| Contract Type: Agency Specific Term Contract | |
| Refer ALL Inquiries to: Petra Gooding Telephone No: 919-588-3456 | DUE DATE: April 15, 2026 @ 2:00 pm |
| E-Mail: bids-pgooding@wcpss.net | Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM |
| 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: |
Request for Proposal #251-27-100
1551 Rock Quarry Rd - Bldg. F OMBUDS SERVICES
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Petra Gooding
Telephone No: 919-588-3456 DUE DATE: April 15, 2026 @ 2:00 pm
E-Mail: bids-pgooding@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM
NOTICE TO VENDORS
Sealed proposals, subject to the conditions made a part hereof, will be received at this office (1551 Rock Quarry Road,
Building F, Raleigh, NC) until 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the
commodity as described herein. Refer to page 2 for proper mailing instructions.
Proposals submitted via facsimile (FAX) machine or email in response to this Request for Proposal will not be acceptable.
Proposals are subject to rejection unless submitted on this form.
EXECUTION
In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees
to furnish and deliver any or all items upon which prices are proposed, at the prices set opposite each item within the
time specified herein. By executing this proposal, I certify that this proposal is submitted competitively and without
collusion.
Failure to execute/sign 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 Prompt Payment
Discount: _______ % __________________ days.
Submit one (1) signed, original executed proposal response and one (1) electronic copy on a flash drive (emails will not
be accepted) of your proposal simultaneously to the address identified below.
Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the
package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each
proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate
envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection
unless submitted with the information above included on the outside of the proposal package.
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| Bidders or their authorized representatives are expected to fully inform themselves as to the terms, |
|---|
| conditions, requirements, and specifications of this RFP before submitting bids. Failure to do so will be at |
| the bidder's own risk. The law makes no allowance for errors or omission or commission on the part of |
| the bidders; furthermore, the bidder cannot secure relief on the plea of error or ignorance concerning any |
| requirement included in the IFB. |
| Bidder presence is not required at the bid opening, and no weight or other consideration toward any |
|---|
| award decision will be given to any bidder's attendance or absence at the bid opening. Recaps of the |
| details of the bids received will be available to any interested party upon WRITTEN request. The form and |
| content of the bid recaps will be at the sole discretion of WCPSS. They may be in electronic form. |
| DELIVER TO: |
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| PROPOSAL NO. RFP 251-27-100 Wake County Public School System Purchasing Department, Building F 1551 Rock Quarry Road Raleigh NC 27610-4145 |
| Event | Responsibility | Date and Time | ||||||
|---|---|---|---|---|---|---|---|---|
| Issue RFP | WCPSS | 4-1-26 | ||||||
| Submit written questions to: bids-pgooding@wcpss.net (Reference RFP # in the subject line) | Vendor | 4-6-26 by 2:00 pm ET | ||||||
| Provide Responses to Questions | WCPSS | 4-8-25 by end-of-business | ||||||
| Submit Proposals | Vendor | 4-15-26 @ 2:00 PM ET |
| Reference | Vendor Question | ||||
|---|---|---|---|---|---|
| RFP Section, Page Number | Vendor question ...? |
MAILING INSTRUCTIONS: Mail only one fully executed proposal with copies, unless otherwise
instructed. Address envelope and include proposal number as shown below. It is the responsibility of
the Vendor to have the proposal in this office by the specified time and date of opening.
Bidders or their authorized representatives are expected to fully inform themselves as to the terms,
conditions, requirements, and specifications of this RFP before submitting bids. Failure to do so will be at
the bidder's own risk. The law makes no allowance for errors or omission or commission on the part of
the bidders; furthermore, the bidder cannot secure relief on the plea of error or ignorance concerning any
requirement included in the IFB.
Bidder presence is not required at the bid opening, and no weight or other consideration toward any
award decision will be given to any bidder's attendance or absence at the bid opening. Recaps of the
details of the bids received will be available to any interested party upon WRITTEN request. The form and
content of the bid recaps will be at the sole discretion of WCPSS. They may be in electronic form.
DELIVER TO:
PROPOSAL NO. RFP 251-27-100
Wake County Public School System
Purchasing Department, Building F
1551 Rock Quarry Road
Raleigh NC 27610-4145
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 4-1-26
Submit written questions to: Vendor 4-6-26 by 2:00 pm ET
bids-pgooding@wcpss.net
(Reference RFP # in the subject line)
Provide Responses to Questions WCPSS 4-8-25 by end-of-business
Submit Proposals Vendor 4-15-26 @ 2:00 PM ET
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 #251-27-100 Questions" as the subject for the email. Questions
submittals should include a reference to the applicable RFP section and be submitted in the format below:
Reference Vendor Question
RFP Section, Page Number Vendor question ...?
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| * The submission of false or misleading information in the vendor's proposal. |
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| * 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. |
| During the evaluation period-from the date proposals are opened through the date the contract is awarded- |
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| 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. |
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 North Carolina Electronic Vendor Portal
(eVP): https://evp.nc.gov/solicitations/ 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.
Vendors are subject to immediate disqualification at any stage of the selection process for 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.
BACKGROUND
For background purposes, 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 200+ 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).
1. Purpose and Objectives
Wake County Public School System is seeking to procure contracted workplace ombudsman services to
provide confidential, independent, neutral and informal resources to assist employees in addressing conflicts
and concerns. The purpose of this contract is to engage one or more independent contractors to serve as the
Employee Ombuds for WCPSS. The Ombuds will provide employees with access to a confidential,
independent, impartial, and informal resource for the resolution of workplace concerns, conflicts, and issues.
The Ombuds function is intended to:
Facilitate informal conflict resolution
Promote fair and equitable treatment of employees
Provide feedback and recommendations to leadership
The Ombuds shall supplement-not replace-formal complaints, grievance, or legal processes.
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2. Scope of Work
The selected contractor(s) shall provide Ombuds services consistent with the principles of independence,
impartiality, confidentiality, and informality in compliance with WCPSS Board Education Policy 7433. Vendors
are cautioned that they should thoroughly review and understand BOE Policy 7433 when formulating their
responses.
2.1 Core Responsibilities
The Ombuds shall:
A. Intake and Consultation
o Provide voluntary, confidential consultations to employees
o Receive and assess concerns from individuals or groups
o Clarify issues and help identify desired outcomes
B. Systems Monitoring and Feedback
o Identify patterns and trends
o Elevate significant concerns to appropriate leadership (without breaching confidentiality)
o Provide recommendations for organizational improvement
3. Authority and Limitations
The Ombuds shall:
3.1 Authority
o Access relevant information necessary to perform duties
o Observe meetings, committees, or task forces as appropriate and permitted
o Operate independently
3.2 Limitations
The Ombuds shall NOT:
o Make binding decisions
o Conduct formal investigations
o Participate in formal complaint or grievance procedures
o Serve as an advocate for any party
o Provide legal advice
o Accept formal complaints
4. Independence and Governance
* The Ombuds shall be an independent contractor, not an employee of WCPSS
* The Ombuds shall not hold any other role that creates a conflict of interest
* The selected contractor(s) shall provide Ombuds services consistent with the principles of independence,
impartiality, confidentiality, and informality in compliance with WCPSS Board Education Policy 7433.
5. Confidentiality Requirements
The contractor shall:
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o Maintain strict confidentiality of all communications
o Protect the identity of individuals seeking services
o Maintain secure records in compliance with applicable laws
The Ombuds must comply with:
o Family Educational Rights and Privacy Act (FERPA)
o North Carolina Public Records Act
o Mandatory reporting laws related to child safety
6. Required Qualifications
Proposals must demonstrate that the contractor(s):
o Have significant experience in providing Ombuds services and are trained in Ombuds practice standards
and familiar with International Ombuds Code of Ethics
o Demonstrate knowledge of:
Employment law principles
Public sector or education environments (preferred)
o Exhibit strong skills in:
Communication
Neutral facilitation
Data analysis and reporting
o Experience serving large, complex organizations
7. Service Delivery Requirements
The contractor shall:
o Provide multiple access channels:
In-person meetings
Virtual consultations
Telephone and written communication
o Ensure accessibility for all employees across the district
o Maintain flexible scheduling
o Deliver services in a timely and responsive manner
8. Collaboration and Communication
The contractor shall:
o Coordinate with designated district liaisons for administrative purposes only
o Avoid involvement in formal HR, legal, or investigative processes
o Provide general education to staff about Ombuds services when requested
9. Legal and Policy Compliance
The contractor must comply with all applicable:
o Federal, state, and local laws
o WCPSS Board policies, including but not limited to:
School safety
Anti-discrimination and harassment
Staff-student relations
Child protection and reporting requirements
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10. Contract Term and Compensation
Initial term: (1) Year. The award is contingent upon funds available in the FY 2026-2027 Wake County
Board of Education Budget.
Renewal options: Option to renew in (1) Year increments up to (3) Years.
Vendors should propose the varying rate structure below in separate tables:
o Plan A - fixed hourly (virtual/phone and in-person) rates per month (tiered
service model) not to exceed $XXX based on XX number of hours for a period of a
year (virtual/phone and in-person).
o Plan B - monthly pricing model (virtual/phone and in-person) rates (tiered service
model)
o Plan C - Total contract not to exceed $XXX based on XX number of hours for a
period of a year (virtual/phone and in-person) rates apply.
Payment is made upon completion of services each month
11. Deliverables
The contractor shall provide:
Quarterly reports
Annual summary report (recommended)
Documentation of outreach efforts (if applicable)
Recommendations for systemic improvements
12. Evaluation Criteria (for RFP responses)
Proposals will be evaluated based on:
Relevant experience and qualifications
Demonstrated understanding of Ombuds role
Approach to confidentiality and neutrality
Methodology for reporting and trend analysis
Cost proposal
References and past performance
QUALIFICATIONS
* VENDOR shall be licensed (when applicable) and approved to do business in the State of
North Carolina.
* Five years of experience in performing the required duties is preferred. Vendor shall provide
references. References must include contact information. WCPSS shall not constitute one
of the required references.
* Demonstrated experience in performing similar projects.
* 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
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| Plan A | Fixed hourly (virtual/phone and in-person) rates per month (tiered service model) not to exceed $XXX based on XX number of hours for a period of one year (virtual/phone and in-person rates apply) | |
|---|---|---|
| Plan B | Monthly pricing model (virtual/phone and in-person) rates (tiered service model) | |
| Plan C | Total contract not to exceed $XXX based on XX number of hours for a period of one year (virtual/phone and in- person rates apply) |
| Name of Organization | Contact Person | |||||||
|---|---|---|---|---|---|---|---|---|
| Name | ||||||||
| Annual Contract Value | Contact Person Title | |||||||
| Contract Start Date | Contact Person | |||||||
| Telephone Number | ||||||||
| Contract End Date | Contact Person Email | |||||||
| Address |
| Name of Organization | Contact Person | |||||||
|---|---|---|---|---|---|---|---|---|
| Name | ||||||||
| Annual Contract Value | Contact Person Title | |||||||
| Contract Start Date | Contact Person | |||||||
| Telephone Number | ||||||||
| Contract End Date | Contact Person Email | |||||||
| Address |
| Name of Organization | Contact Person | |||||||
|---|---|---|---|---|---|---|---|---|
| Name | ||||||||
| Annual Contract Value | Contact Person Title | |||||||
| Contract Start Date | Contact Person | |||||||
| Telephone Number | ||||||||
| Contract End Date | Contact Person Email | |||||||
| Address |
COST PROPOSAL
Vendors shall include a cost proposal indicating the rates for Plan A, Plan B, and Plan C described above.
Plan A Fixed hourly (virtual/phone and in-person) rates per
month (tiered service model) not to exceed $XXX based
on XX number of hours for a period of one year
(virtual/phone and in-person rates apply)
Plan B Monthly pricing model (virtual/phone and in-person)
rates (tiered service model)
Plan C Total contract not to exceed $XXX based on XX number
of hours for a period of one year (virtual/phone and in-
person rates apply)
REQUIRED SUBMITTALS
* Signed, original execution page (page 2)
* Completed attachments A & B
* Customer References (see below)
* Relevant experience and project methodology
* Cost proposal
CUSTOMER REFERENCES
Name of Organization Contact Person
Name
Annual Contract Value Contact Person Title
Contract Start Date Contact Person
Telephone Number
Contract End Date Contact Person Email
Address
Name of Organization Contact Person
Name
Annual Contract Value Contact Person Title
Contract Start Date Contact Person
Telephone Number
Contract End Date Contact Person Email
Address
Name of Organization Contact Person
Name
Annual Contract Value Contact Person Title
Contract Start Date Contact Person
Telephone Number
Contract End Date Contact Person Email
Address
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TERMS AND CONDITIONS
1. READ, REVIEW AND COMPLY: It shall be the bidder's responsibility to read this entire document, review all enclosures and
attachments, and comply with all requirements specified herein.
2. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Invitation for Bids, the
specifications. Wake County Public School System (WCPSS) objects to and will not evaluate or consider any additional terms and
conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the
bidder's response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.
By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely
or inadvertently, shall have no force or effect.
3. DEFINITIONS:
* BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids.
* TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time
based on estimated quantities only.
* OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.
4. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.
5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms
and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.
6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder's offer shall be valid for 45 days
from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.
7. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that
items offered are in strict compliance with these specifications, and bidder will be held responsible, therefore. Deviations shall be
explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be
acceptable.
8. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and, in the spaces, provided in this
document. Further, if required elsewhere in this bid, each bidder must submit with their bid sketches, descriptive literature and/or
complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this
provision. Bids which do not comply with these requirements will be subject to rejection.
9. RECYCLING AND SOURCE REDUCTION: It is the policy of WCPSS to encourage and promote the purchase of products with recycled
content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and
less toxic to the extent that the purchase or use is practicable and cost-effective.
We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of
commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for
providing packaging that will protect the commodity and contain it for its intended use.
Companies are strongly urged to bring to the attention of WCPSS which issued the solicitation document, those products or packaging
they offer which have recycled content and that are recyclable.
10. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on
the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be
made only by written addendum from WCPSS Purchasing Department. The bidder is cautioned that the requirements of this bid can
be altered only by written addendum and that verbal communications from whatever source are of no effect.
11. ACCEPTANCE AND REJECTION: WCPSS reserves the right to reject any and all bids, to waive any informality in bids and, unless
otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the
other is obviously correct, the incorrect price will be disregarded.
12. REFERENCES: WCPSS reserves the right to require a list of users of the exact item offered. WCPSS may contact these users to
determine acceptability of the bid. Such information may be considered in the evaluation of the bid.
13. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best
bid most advantageous to WCPSS as determined upon consideration of such factors as: prices offered; the quality of the articles
offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and
other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates
of delivery and performance; and such other factors deemed by WCPSS to be pertinent or peculiar to the purchase in question. Unless
otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or group of items on a multi-item bid.
WCPSS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, WCPSS reserves the right to make partial,
progressive, or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to
provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by WCPSS
to be pertinent or peculiar to the purchase in question.
14. 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.
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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.
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.
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