PT/OT/SLP SERVICES

Memorandum from Purchasing Department
Letter of Instruction for RFP #251-27-99
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/, WCPSS Purchasing http://www.wcpss.net/domain/101, and NC
Historically Underutilized Businesses https://ncadmin.nc.gov/businesses/historically-
underutilized-businesses-hub/submit-bid-opportunities-hub. Please review these sites for
updates and amendments during the proposal time frame.
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Request for Proposal #251-27-99
1551 Rock Quarry Rd - Bldg. F OCCUPATIONAL, PHYSICAL, AND SPEECH/LANGUAGE
THERAPY SERVICES
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Petra Gooding
Telephone No: 919-588-3456 DUE DATE: April 22, 2026 @ 2:00 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 2:00 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 4-9-26
Submit written questions to: Vendor 4-13-26 by 2:00 pm ET
bids-pgooding@wcpss.net
(Reference RFP # in the subject line)
Provide Responses to Questions WCPSS 4-15-26 by end-of-business
Submit Proposals Vendor 4-22-26 @ 2:00 PM ET
Public Live Bid Opening WCPSS/Vendor 4-22-26 @ 2:00 PM ET
(attendance is not required)
Microsoft Teams meeting
Join:
https://teams.microsoft.com/meet/298189
27017187?p=edSERxSMX0TOnExG8s
Meeting ID: 298 189 270 171 87
Passcode: ur7FG97d
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 #251-27-99 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 OBJECTIVES
The Wake County Public School System's (WCPSS) Special Education Department is seeking to establish one or
more contracts for the purpose of providing services and conducting evaluations in the following areas: speech-
language therapy (SLP), occupational therapy (OT), and physical therapy (PT). Services may be needed at the
preschool, elementary, middle, or high school level. Some positions are itinerated or involve travel. The majority
of providers must provide services in person. A limited number of SLP positions are virtual. WCPSS is also seeking
SLP/SLP-Assistant teams to serve individual schools with caseloads over the NC DPI caseload cap of 50. OT-
Assistants (COTAs) are also needed.
As it relates to in-person therapy services, needs include:
Board licensed OT/PT/SLP with the skills and competency to create and implement treatment plans,
provide in-person therapy services, and document therapy services in accordance with the
Individualized Education Plan.
Board licensed OT/PT/SLP with the skills and competency to provide supplemental aids and services
(consultation) and document these services in accordance with the Individualized Education Plan.
Board licensed SLP to provide virtual therapy to students and document these services in accordance
with the Individualized Education Plan.
Board licensed SLP-Assistant and OT-Assistant (COTA) with the skills and competency to create
therapy materials, conduct therapy, conduct student observations, administer simple screeners, and
document services in accordance with the Individualized Education Plan. Preference may be given to
agencies who offer to supervise these positions.
All therapists must be licensed by their state licensing board. SLPs must also hold a Certificate of
Clinical Competence (CCC) from ASHA.
All therapists must hold a current and valid National Provider Identifier (NPI), as well as registration
with NC Tracks.
As it relates to conducting evaluations, needs include:
OT/PT/SLP with the skills and competency to conduct an in-person comprehensive evaluation to
include gathering background and referral information, conduct clinical observations, administer
formal and informal assessments, utilize standard and non-standardized assessments as appropriate,
collaborate with other providers, interpret the results of the evaluation, provide written reports
based on evaluation findings, attend the IEP meeting as a member of the IEP team, propose IEP goals,
service delivery type and frequency, aids and supports, and provide training and consultation to
classroom staff.
BACKGROUND
For background purposes, The Wake County Public School System (WCPSS) is currently the largest school district
in North Carolina and the 14th 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).
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SCOPE OF WORK
As it relates to therapy services, needs include:
* OT/PT/SLP Service delivery:
o OT/PT/SLP will possess the skills to create and implement a treatment schedule, treatment plans,
provide in-person direct therapy services, document therapy services in accordance with the
Individualized Education Plan, create plans of care and complete progress notes.
o OT-Assistant (COTA) and SLP-Assistant will possess the skills to follow treatment plans, lesson plans,
and directives from the supervising OT/SLP.
o OT/PT/SLP will possess the skills to provide supplemental aids and services/consultative supports in
accordance with the Individualized Education Plan and document these services and supports.
* OT/PT/SLP Evaluations:
o OT/PT/SLP will possess the skills to conduct in-person evaluations (which may include interviews, data
collection, clinical observations, standardized/non-standardized assessments), interpret findings,
complete a comprehensive written report, attend IEP meetings as a member of the IEP team, and
synthesize the evaluation results with other pertinent information.
* SLP virtual therapy services for students at school sites, enrolled in private school, or for students owed
compensatory services. Compensatory services may be provided in the late afternoon, early evening,
weekends, and/or track-out periods/summer. Compensatory work may lend itself to those therapists
seeking PRN hours.
* Multiple service providers could be requested at any given time for any given WCPSS school/location or
where a WCPSS event/meeting is planned to occur. Requests may be made throughout the school year July
1, 2026, until June 30, 2027. Requests may be made for a specific day, short-term, and/or long-term
coverage. Requests may be submitted in advance (i.e., FMLA or staffing assistance).
Vendor Responsibilities
* OT/PT/SLPs must possess a current North Carolina state license to practice and be in good standing in
accordance with their practice board and adhere to the ethical standards and best practice guidelines put
forth by each respective licensing board.
* Include in the RFP bid the names of agency therapists who are interested in returning to contract-based
work with WCPSS for the 2026-2027 school year.
* Indicate if your agency permits WCPSS to hire contracted therapists mid-year and if so, what stipulations
apply.
* Interns or students are not to be used.
* Require employees to swipe their badge at each district location as proof of attendance. Other forms of
work verification may include a school's sign-in, completion of the WCPSS agency verification form, and/or
use of Google calendar.
* Require employees to follow the guidelines of the assigned student's Individualized Education Plan.
* If a contract is awarded, WCPSS will provide further instructions on proper procedures, protocols, and
logistics.
* Items that cause a distraction (e.g., cell phones, magazines, books, etc.) are not allowed in the assigned area.
* Agency therapists will inform the Lead or Director of Related Services regarding any missed days. No
compensation will be provided on sick days or Holidays. Any hours worked on teacher workdays must be
approved ahead of time.
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* Exceeding 8 hours per day or 40 hours per week requires prior approval from the Director/Senior Director of
Related Services. An overtime rate is not paid. The standard hourly rate will apply.
* No mileage reimbursement or travel costs will be paid by WCPSS. However, time traveling between sites
during the workday will be counted towards total work hours for that day.
* Contracted therapist must possess a valid driver's license and transportation to/from WCPSS sites.
* Contract therapists are not permitted to begin working until the criminal background check is completed
and the sexual offender registry (SOR) is submitted to WCPSS Special Education Services.
* Vendor shall submit invoices monthly for actual services provided. These Invoices are to be emailed to
Special-education@awcpss.net. Invoices should be assigned a unique invoice number. Revised invoices
should be assigned the same number with an added revision or version indicator (i.e. # 348793R).
Awards shall be for a one-year term. WCPSS reserves the right to extend contracts at its sole discretion for two
(2) additional one-year terms at the same cost.
QUALIFICATIONS
* VENDOR shall be licensed (when applicable) and approved to do business in the State of
North Carolina. Please note that the agency name must be consistent on all documents
including insurance forms, NC Secretary of State business registry, invoices, etc.
* Two 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.
* If the contract therapist is a new graduate, agency-provided supervision is preferred.
* Passing score on WCPSS background check and completed/passed Sex Offender Registry
form from the agency.
* Present sufficient qualified personnel to carry out the project in a timely fashion. Please
include staffing information and resumes for therapists who would serve students
* 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
REQUIRED SUBMITTALS
* Signed, original execution page (page 2)
* Completed attachments A & B (pages 15 & 16)
* Customer References (see next page)
* Relevant experience and project methodology
* Cost proposal (see next page)
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COST PROPOSAL
Vendors may include a separate cost proposal indicating the hourly cost for any or all of the following services:
Services provided Hourly rate
Physical Therapy services/evaluations (in-person)
Occupational Therapy services/evaluations (in-person)
Occupational Therapy services/evaluations (virtual)
Occupational Therapy assistant (new discipline)
* to be staffed along with an OT from the same agency who
would function as the OT assistant's supervisor)
Speech-Language Therapy services/evaluations (in-person)
Speech-Language Therapy services/evaluations (virtual)
Speech-Language Therapy services - SLP-assistant (in-person)
* to be staffed along with an SLP from the same agency who
would function as the SLP assistant's supervisor)
Vendors who have current awards for certain disciplines may choose to extend those awards and bid
only on new disciplines, or on those discipline(s) that they are currently not awarded. A vendor's
response to this bid in that manner will in no way affect the rest of their services that have already
been awarded to them. Vendors interested in this option should only fill in hourly rates for new
disciplines they are interested in bidding on.
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.
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14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS invites and
encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business
enterprises and non-profit work centers for the blind and severely disabled.
15. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the bidder does not
wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the bidder. Cost
information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will
be determined by North Carolina law.
16. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon
request be returned at the bidder's expense. Request for the return of samples must be made within 10 days following date of bid
opening. Otherwise, the samples will become WCPSS property. Each individual sample must be labeled with the bidder's name, bid
number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned,
if requested, as specified above.
17. AWARD PROCEDURES: Contract award notice shall be posted on WCPSS website. Contract award notices are sent only to those
actually awarded contracts, and not to every person or firm responding to this solicitation.
18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state
preferences against North Carolina's resident bidders. The "Principal Place of Business" is defined as the principal place from which
the trade or business of the bidder is directed or managed.
19. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WCPSS may procure the articles or services from other
sources and hold the contractor responsible for any excess cost occasioned thereby. WCPSS reserves the right to require performance
bond or other acceptable alternative guarantees from successful bidder without expense to WCPSS.
20. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the
material, quality, workmanship, or performance of the items offered prior to their delivery, it shall be the responsibility of the
contractor to notify in writing WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves the right to
accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
21. TAXES: Any applicable taxes shall be invoiced as a separate item.
G.S. 143-59.1 bars the WCPSS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G.
S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under
G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit
sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated,
or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates)
collect(s) the appropriate taxes.
22. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in
contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined.
23. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of
North Carolina.
24. INSPECTION AT CONTRACTOR'S SITE: WCPSS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other
facilities of a prospective contractor prior to contract award, and during the contract term as necessary for WCPSS determination that
such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the
proper and effective performance of the contract.
25. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is
later. Payment may be made by procurement card, and it shall be accepted by the contractor for payment if the contractor accepts
that card (Visa, MasterCard, etc.) from other customers.
26. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and
agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All
containers/packaging shall be suitable for handling, storage, or shipment.
27. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to
an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved
in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or
identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for
pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers' Association for electrically operated
assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for
the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and
Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.
28. PATENT: The contractor shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of any kind, including
costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles,
device or appliance manufactured or used in the performance of this contract, including use by WCPSS or disclosure of any
information pursuant to the NC Public Records Act.
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:
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