Water Service East Henderson High School

HENDERSON COUNTY PUBLIC SCHOOLS
PURCHASING DEPARTMENT
414 Fourth Avenue West, Hendersonville, NC 28739
Phone (828) 697-4733 Fax (828) 698-4429
April 30, 2026
REQUEST FOR QUOTES
RFQ NUMBER: 2026-12 TO BE RETURNED BY: June 10, 2026 2:00 p.m.
(EST)
WATER SERVICE EAST HENDERSON HIGH SCHOOL
Offeror: Refer Inquiries To: Joni Huchzermeier, CLGPO
Attention: Purchasing Agent
Address: Telephone Number: 828-697-4733
E-Mail Address: jdhuchzermeier@hcpsnc.org
Requisitioned By: Chad Dillon, Director of Facilities
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NOTICE TO OFFEROR
Sealed bids, subject to the conditions made a part hereof, will be received by Henderson County Public Schools Purchasing
Department, located at 414 Fourth Ave West, Hendersonville, NC 28739, until but not later than 2 o'clock p.m. (EST), on June 10, 2026
and immediately thereafter publicly opened, and read, for furnishing the supplies, materials and/or services, as described herein. Refer to
Instructions for Response, Item 10 for proper mailing instructions.
MANDATORY Pre-Bid Meeting will be held May 27, 2026 at 10:00 AM (EST) at East Henderson High School located at 150 Eagle
Pride Way, East Flat Rock. NC 28727. REQUIRED: Check in at Front Office of school before entering premises.
Proposals and/or addenda submitted via E-Mail or facsimile (FAX) machine in response to this Request for Proposal OR Request for Quote
will not be acceptable. Proposals may be subject to rejection unless submitted on this form.
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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 or services upon which prices are offered, at the prices set opposite each item or service within the time specified
herein. By executing this document, I certify that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of
our officers, directors, or owners of an unincorporated business entity have been convicted of any violations of Chapter 78A of the General
Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set
forth in G.S. 143-59.1. False certification is a Class I felony. Failure to execute/sign offer prior to submittal may render proposal
invalid. Late submittals are not acceptable.
OFFEROR: FEDERAL ID OR SOCIAL SECURITY NO.
STREET ADDRESS: P.O. BOX: ZIP:
CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO
TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:
AUTHORIZED SIGNATURE: DATE: E-MAIL:
If you desire to "no proposal" this requirement, sign and return only this page, check appropriate box(es).
( ) NO PROPOSAL ( ) REMOVE FROM MAILING LIST
Offer valid for 45 days from date of opening unless otherwise stated here: ______________days (See Instructions for Response, Item
8)Prompt Payment Discount:_____________% ______________days (See Instructions for Response, Item 9)
ACCEPTANCE OF PROPOSAL
If any or all parts of this proposal are accepted by Henderson County Public Schools, a contract will be sent for signature along with
request for any required documents. Once Henderson County Public Schools receive the signed contracts and requested documents,
we will submit the completed recommendation package for approval of award. Final award of this contract does not ensue until the
contract is fully executed by Henderson County Public Schools, and a confirming executed copy is returned to you along with a
purchase order. The contract, purchase order, and this document and the provisions of the Instructions for Response, the special terms
and the conditions specific to this Request for Proposal, the specifications, and the Henderson County Public Schools General Terms
and Conditions shall then constitute the written agreement between the parties.

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INSTRUCTIONS FOR BIDS
1. READ, REVIEW AND COMPLY: It shall be the offeror's responsibility to read this entire document, review all enclosures
and attachments, and comply with all requirements specified herein.
2. NOTICE TO OFFERORS:
All responses are subject to the provisions of the Instructions for Response, special terms and conditions specific to this
Request for Quotes, the specifications, and the Henderson County Public Schools General Contract Terms and Conditions.
Henderson County Public Schools object to and will not evaluate or consider any additional terms and conditions
submitted with a response. This applies to any language appearing in or attached to the document as part of the offeror's
response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.
By execution and delivery of this document, the offeror agrees that any additional terms and conditions, whether
submitted purposely or inadvertently, shall have no force or effect.
3. DEFINITIONS:
OFFEROR: Company, firm, corporation, partnership, individual, etc., submitting a response to a Request for Quote.
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.
4. RECEIPT OF PROPOSALS: Proposals shall be received in strict accordance with requirements of the General Statutes
of North Carolina.
5. PROPOSAL EVALUATION: The award of the contract will be made as soon as practical to the Vendor whose proposal
is shown to be most advantageous to Henderson County Public Schools. Before awarding a contract, the district may
require additional information or presentation by proposer to substantiate Vendor's responsibility.
6. EXECUTION: Failure to sign under EXECUTION section may render response invalid.
7. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this proposal, the order of precedence
shall be (1) special terms and conditions specific to this request, (2) specifications, (3) Henderson County Public Schools
General Contract Terms and Conditions, and (4) Instructions for Response.
8. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, the offer shall be valid for
a minimum of 45 days from the date of proposal due date. Preference may be given to offers allowing not less than 45
days for consideration and acceptance.
9. PROMPT PAYMENT DISCOUNTS: Offerors are urged to compute all discounts into the price offered. If a prompt
payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving
cases of identical prices.
10. MAILING INSTRUCTIONS:
In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort.
It is desirable that all responses meet the following requirements:
* All copies are printed double sided.
* All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and
indicate this information accordingly on the response.
* Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non
re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed
binders, glued materials, paper clips, and staples are acceptable.
* Materials should be submitted in a format which allows for easy removal and recycling of paper materials.
Mail only one fully executed response document, unless otherwise instructed, and only one response per
envelope. Address envelope and insert RFQ number as shown below. It is the responsibility of the offeror to
have the response in this office by the specified time and date of opening.
DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY OTHER MEANS
RFQ NO. 2 0 26-12 RFQ NO. 2 0 26-12
HENDERSON COUNTY PUBLIC SCHOOLS OR HENDERSON COUNTY PUBLIC SCHOOLS
PURCHASING DEPARTMENT PURCHASING DEPARTMENT
414 FOURTH AVENUE WEST 414 FOURTH AVENUE WEST
HENDERSONVILLE, NC 28739 HENDERSONVILLE, NC 28739
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11. TABULATIONS: Tabulations of proposals and award information can be obtained by calling the purchaser listed on the
first page of this document.
12. 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 offeror will be held responsible
therefore. Deviations shall be explained in detail. The offeror shall not construe this paragraph as inviting deviation
or implying that any deviation will be acceptable.
13. INFORMATION AND DESCRIPTIVE LITERATURE: Offeror is to furnish all information requested and in the spaces
provided in this document. Further, if required elsewhere in this request, each offeror must submit with their response
sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature
submitted with a previous offer will not satisfy this provision. Responses which do not comply with these requirements
may be subject to rejection.
14. RECYCLING AND SOURCE REDUCTION: It is the policy of Henderson County Public Schools 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 purchasers those products or packaging they offer which have
recycled content and that are recyclable.
15. 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 user directly. Any and all revisions to this
document shall be made only by written addendum. The offeror is cautioned that the requirements of this proposal can
be altered only by written addendum and that verbal communications from whatever source are of no effect.
16. ACCEPTANCE AND REJECTION: Henderson County Public Schools reserves the right to reject any and all responses
for any or no reasons, to waive any informality in the process and, unless otherwise specified by the offeror, to accept
any item in the quote. If either a unit price or extended price is obviously in error and the other is obviously correct, the
incorrect price will be disregarded.
17. TAXES: FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and
transportation. Exemption forms submitted by the contractor will be executed and returned by the using agency.
OTHER: Prices ofference are not to include any personal property taxes, nor any sales or use (or fees) unless required
by the North Carolina Department of Revenue.
18. REFERENCES: Henderson County Public Schools reserves the right to require a list of users of the exact item offered.
Henderson County Public Schools may contact these users to determine acceptability of the response. Such information
may be considered in the evaluation of the proposal.
19. AWARD OF CONTRACT: As directed by statute, qualified responses will be evaluated and acceptance may be made of
the lowest and best response most advantageous to Henderson County Public Schools as determined upon
consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance
capabilities of the offerors; the substantial conformity with the specifications and other conditions set forth in the
proposal; 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 Henderson County Public Schools to be pertinent or peculiar to the
purchase in question. Unless otherwise specified by Henderson County Public Schools or the offeror, Henderson County
Public Schools reserves the right to accept any item or group of items on a multi-item request.
In addition, on TERM CONTRACTS, Henderson County Public Schools 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 Henderson County Public Schools to be pertinent or peculiar to the purchase in question.
20. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150,
Henderson County Public School 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.
21. CONFIDENTIAL INFORMATION: As provided by statute and rule, Henderson County Public Schools will consider
keeping trade secrets which the offeror does not wish disclosed confidential. Each page shall be identified in boldface at
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the top and bottom as "CONFIDENTIAL" by the offeror. 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.
22. 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 offeror's expense. Request for the return of samples must be made
within 10 days following date of response opening. Otherwise, the samples will become School property. Each
individual sample must be labeled with the offeror's name, RFQ 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.
23. PROTEST PROCEDURES: When an offeror wants to protest a contract awarded by Henderson County Public Schools
resulting from this solicitation, they must submit a written request to the Purchasing Agent, Henderson County Public
Schools, 414 Fourth Avenue West, Hendersonville, NC 28739. This request must be received in the Henderson County
Public Schools' Purchasing Department within ten (10) consecutive calendar days from the date of the contract award.
Protest letters must contain specific reasons and any supporting documentation for the protest. Note: Contract award
notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation.
Contract status and Award notices are available by contacting the Henderson County Public Schools' Purchasing
Department at (828) 697-4733. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1,
Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519.
24. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or
phrase shall be read to include the plural and vice versa.
25. 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 proposers. The "Principal Place of Business" is defined
as the principal place from which the trade or business of the proposer is directed or managed.
26. ADDENDA: Any addenda to specifications issued during the time of solicitation are to be considered covered in the
proposal and in closing a contract they will become a part thereof. All addenda shall be acknowledged by the proposer(s)
on the proposal form. Any addenda will be posted to the HCPS website.
27. E-VERIFY: Contractor shall comply with the requirements of Article 2 of Chapter 64 of the NC General Statutes. Further,
if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article
2 of Chapter 64 of the NC General Statutes.
28. IRAN DIVESTMENT ACT CERTIFICATION: Contractor hereby certifies that Contractor, and all subcontractors, are not
on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer pursuant to N.C.G.S. 143-6A-4.
Contractor shall not utilize any subcontractor that is identified on the List.
29. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL: By Acceptance of this purchase order, vendor certifies that is has not
been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-
86.81. It is the responsibility of each vendor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are
exempt from this restriction.
30. LICENSURE, CERTIFICATION, AND REGISTRATION OF PERSONNEL: All personnel provided or made available by Contractor to
render services hereunder shall be licensed, certified or registered, as appropriate, in their respective areas of expertise as required by
applicable North Carolina law.
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REQUIREMENTS
USER: Henderson County Public Schools
BRAND SPECIFIC: Manufacturer's name and product description used in this solicitation are intended to communicate qualities, functions
and characteristics of items desired. The items offered in response to this solicitation must be of equal quality to the manufacturer and type
specified. When no reference is made by the vendor to the make or model to be furnished, it is understood that the specific
article named in the RFB sheet will be furnished. It is the sole determination of Henderson County Public Schools if the
proposed equipment is equal to what is specified. If you have any questions, please call the purchaser listed on the first
page.
TRANSPORTATION CHARGES: FOB Destination. Freight charges must be included in the price of each item listed, not listed as a
separate item.
MANDATORY Pre-Bid Meeting will be held May 27, 2026 at 10:00 AM (EST) at East Henderson High School located at 150 Eagle Pride
Way, East Flat Rock. NC 28727. REQUIRED: Check in at Front Office of school before entering premises.
OPTIONAL INSTALLATION REQUIREMENTS: Awarded Vendor shall be responsible for installing, inspecting, and leaving the items
ready for use, and removing all empty shipping cartons from school property. Optional Installation Charges shall be listed as a separate
item.
SCHEDULE: Project must be completed no later than July 31, 2026. Henderson County Public Schools reserves the right to evaluate
completion date as a factor in determining the award of the proposed contract.
NOTE:
HENDERSON COUNTY PUBLIC SCHOOLS RESERVES THE RIGHT TO ADJUST QUANTITIES UP OR DOWN
AT THE UNIT PRICE AS BUDGETED FUNDS MAY ALLOW OR REQUIRE.
HENDERSON COUNTY PUBLIC SCHOOLS ALSO RESERVES THE RIGHT TO AWARD CONTRACT ON A
SPLIT ORDER BASIS OR LUMP SUM BASIS IF IT IS IN OUR BEST INTEREST.
ALL MATERIALS SHOULD BE NEW AND CURRENT UNLESS OTHERWISE STATED.
INFORMATION REQUIRED WITH PROPOSAL: Upon request, Vendor will be required to submit complete descriptive literature and
specification on all items offered. Proposals which fail to comply may be subject to rejection.
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SCOPE OF WORK AND SPECIFICATIONS
1. SCOPE: It is the intent of this proposal invitation to obtain contract proposed installation of water service backflow
protection device with associated valves, fittings, and other related appurtenances to serve East Henderson High
School. Project site is located at 150 Eagle Pride Drive East Flat Rock, NC 28726; more specifically, near the
intersection of Old Upward Rd and Fairground Avenue. All work is to be performed by a licensed North Carolina utility
contractor and shall include all labor, materials, sales tax, etc. All products and/or services rendered by the vendor must
meet all requirements of this invitation and be completely satisfactory to using agencies.
2. CONTRACTOR SHALL:
a. Furnish all labor and equipment, etc. necessary to complete proposed installation of water service backflow protection device with
associated valves, fittings, and other related appurtenances to serve East Henderson High School. Project site is located at 150
Eagle Pride Drive East Flat Rock, NC 28726; more specifically, near the intersection of Old Upward Rd and Fairground Avenue. .
b. Warranty labor and workmanship for a period of one (1) year to be free from all defects. If workmanship fails, it shall be replaced
at the Contractor's expense.
c. Be responsible for all accidents and damages that might occur due to his equipment or personnel while upon the grounds or
buildings used or owned by the Henderson County Public Board of Education.
d. Be responsible for all clean up and properly dispose of all debris during and after completion of job. Debris and trash shall not be
allowed to collect overnight on the site. The contractor shall remove all debris and trash from the schools as it accumulates in
order that a clean appearance is maintained at all times. DEBRIS MAY NOT BE EMPTIED INTO DUMPSTERS ALREADY ON
SITE AND SERVICED ON BEHALF OF HENDERSON COUNTY PUBLIC SCHOOLS.
e. There shall be no tobacco products inside or outside of buildings, since all Henderson County Public Schools buildings and
properties are tobacco-free.
f. There shall be no alcoholic beverages, drugs, or firearms on any Henderson County Public Schools property.
g. The Contractor shall work with the Henderson County Public Schools on project work schedule. Contact Project Coordinator:
Mr. Chad Dillon, Director of Facilities at 828-553-5056.
h. By submission of a proposal, the Contractor acknowledges that he has a complete understanding of the required scope of work,
either as defined herein or described orally by the owner's designated representative.
PUBLIC UTILITIES
A. The bidder is advised to ascertain for himself all the facts concerning the location of existing utilities.
B. The contractor shall cooperate with the utility owner in the adjustment of their facilities and shall notify the utility owner not less
than ten (10) days in advance of the time he proposes to perform any work that will endanger or affect their facilities.
C. The Contractor shall permit the owners of utilities, or their agents access to the site of the work at all times in order to relocate,
construct or protect their lines and he shall cooperate with them in performing this work.
D. Separate payments will not be made for the coordination and cooperation of the contractor with the utility companies, nor for the
protection or replacement of utilities as specified hereinbefore and the bidder shall include all such costs in the prices bid for the
various scheduled items in the Bid Form.
3. HENDERSON COUNTY PUBLIC SCHOOLS SHALL:
a. Provide for site access to the work areas as shown on the construction documents.
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HENDERSON COUNTY PUBLIC SCHOOLS
GENERAL CONTRACT TERMS AND CONDITIONS
1. PERFORMANCE: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations
under this Contract, Henderson County Public Schools shall have the right to terminate this contract by giving written
notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable
items under this contract prepared by the Contractor shall, at the option of, Henderson County Public Schools, become
its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to Henderson County
Public Schools for damages sustained by Henderson County Public Schools by virtue of any breach of this Contract, and
Henderson County Public Schools may withhold any payment due the Contractor for the purpose of setoff until such time
as the exact amount of damages due Henderson County Public Schools from such breach can be determined.
a) In case of default by the Contractor, Henderson County Public Schools may procure the services from other
sources and hold the Contractor responsible for any excess cost occasioned thereby.
b) In addition, in the event of default by the Contractor under this contract, Henderson County Public Schools may
immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts
Henderson County Public Schools has with the Contractor, and de-bar the Contractor from doing future business
with Henderson County Public Schools.
c) Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the
Contractor, Henderson County Public Schools may immediately terminate, for cause, this contract and all other
existing contracts the Contractor has with it, and de-bar the Contractor from doing future business.
2. TERMINATION: The Contract may be terminated by either party hereto upon thirty (30) days written notice to the other.
In the event the Contract is terminated pursuant to the provisions of this paragraph, Henderson County Public Schools
shall have no obligation to compensate Contractor for services which have not been performed. Unless otherwise
agreed by the Parties in writing, Contractor shall continue to provide services to Henderson County Public Schools
during the thirty (30) day notice period, at the same rate of service performed by Contractor during the thirty (30) days
prior to receipt of notice. If Contractor fails to do so, Henderson County Public Schools may retain any monies otherwise
due to Contractor.
3. INTERPRETATION, CONFLICT OF TERM:
The definitions in the Instructions to Vendors in the relevant solicitation for this Contract are specifically incorporated
herein.
If federal funds are involved in the transactions under this Contract, the Vendor shall comply with all applicable state and
federal requirements and laws, except where State requirements are more restrictive. See the additional federal
requirements included in the "Federal Funds Provisions" section below.
"Purchasing Agency" herein is as defined in 01 NCAC 05A.0112,
Contracts made in contravention of General Statutes, Chapter 143, Article 3, are void. G.S. 143-58.
In cases of conflict between specific provisions in this Contract and any other referenced documents, the Order of
Precedence shall be (high to low) (1) any special terms and conditions specific to this Contract, including any negotiated
terms; (2) requirements, specifications and administrative terms; (3) these GENERAL CONTRACT TERMS AND
CONDITIONS, including the Federal Funds Provisions; (4) Definitions and other provisions in INSTRUCTIONS TO
VENDORS in this solicitation, which is specifically incorporated in this Contract; (5) PRICING, and (6) Vendor's Proposal,
to the extent specifically and mutually incorporated into this Contract.
In the event of conflict of terms between applicable provisions of the Federal Funds Provisions and the other provisions
of these North Carolina General Contract Terms and Conditions, the more restrictive provision will govern.
4. 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, the issuing purchasing office at once, indicating the specific regulation
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which required such alterations. Henderson County Public Schools reserves the right to accept any such alterations,
including any price adjustments occasioned thereby, or to cancel the contract.
5. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of
funds to the agency for the purpose set forth in this agreement.
6. TAXES: Any applicable taxes shall be invoiced as a separate line item. North Carolina G.S. 143.59.1 bars the
Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet on of the
conditions of G.S. 105-164.8(b) and refuses 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 Contract
documents, the vendor certifies that it and all of its affiliates; collect(s) the appropriate taxes.
7. SITUS AND GOVERNING LAWS:
a) This Contract is made under and shall be governed by and construed in accordance with the laws of the State of
North Carolina, including, without limitation, the relevant provisions of G.S. Chapter 143, Article 3, and the Rules
in 01 NCAC Chapter 05, and any applicable successor provisions, without regard to its conflict of laws rules, and
within which State all matters, whether sounding in Contract, tort or otherwise, relating to its validity, construction,
interpretation and enforcement shall be determined. G.S. 22B-3.
b) Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are
applicable to the conduct of its business and its performance in accordance with the Contract, including those of
federal, state, and local agencies having jurisdiction and/or authority and including, without limitation, the
applicable requirements in the Federal Funds Provisions. Projects of $40,000 or more requires general
contractors license NC G.S. 87-1 .
c) Non-resident Vendor corporations not formed under NC law must be domesticated in the Office of the NC
Secretary of State in order to contract with Henderson County Public Schools. G.S. 55A-15-01.
8. INSPECTION AT CONTRACTOR'S SITE: Henderson County Public Schools 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 Henderson County Public Schools' 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.
9. DISCRIMINATION: If applicable, Contractor and any subcontractors employed by Contractor shall abide by the
requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against
qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination
against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that
covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals
without regard to race, color, religion, sex, national origin, protected veteran status or disability.
10. NON-DISCRIMINATION COMPLIANCE:
Wholly State Funded Contracts.
a) The Vendor will take affirmative action in complying with all State requirements and laws concerning fair
employment and employment of people with disabilities, and concerning the treatment of all employees
without regard to discrimination by reason of race, color, religion, sex, national origin or disability or rights,
such as preserved by Governor Roy Cooper Order E.O. 24 or 25, and will take necessary action to ensure
that its internal employee policies and procedures are consistent with Executive Order #82 (Roy Cooper,
December 6, 2018), which extends workplace protections and accommodations to pregnant employees.
b) Federal Law, such as the following, applies as provided for therein: Titles VI and VII of the Civil Rights Act of
1964 (PL 88-352), and the regulations issued pursuant thereto (prohibiting discrimination on the basis race,
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color, national origin and ensuring that individuals are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age); Title IX of the Education
Amendments of 1972 (codified as amended at 20 U.S.C. 1681 et seq.) (prohibiting discrimination on the
basis of sex); Titles I, II, III, IV, and V of the Americans with Disability Act of 1990 (prohibiting discrimination
on the basis of disability); Section 504 of the Rehabilitation Act of 1973 (codified as amended at 29 U.S.C.
794) (prohibiting discrimination on the basis of handicap); the Age Discrimination Act of 1975 (codified as
amended at 42 U.S.C. 6101 et seq.) (prohibiting age discrimination); Executive Order 11063 as amended
by Executive Order 2259; and Section 109 of the Housing and Community Development Act of 1974, as
amended.
Contracts Partially or Wholly Federally Funded.
To the extent federal funding is involved in this procurement, in whole or in part, compliance with the following is
required:
c) The Vendor shall comply with all Federal Funds Provisions requirements (below) and not discriminate
against any employee or applicant for employment because of race, color, religion, sex, sexual orientation,
gender identity, or national origin. The Vendor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Vendor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
d) The Vendor shall, in all solicitations or advertisements for employees placed by or on behalf of the Vendor,
state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin:
e) The Vendor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the Vendor's
legal duty to furnish information.
f) The Vendor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Vendor's commitments under this section, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
g) The Vendor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
h) The Vendor shall furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit
access to his books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
i) In the event of the Vendor's noncompliance with the nondiscrimination clauses of this Contract or with any of
the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in
part and the Vendor may be declared ineligible for further Government contracts or federally assisted
construction Contracts in accordance with procedures authorized in Executive Order 11246 of September
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24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
j) The Vendor shall include the portion of the sentence immediately preceding paragraph (a) and the provisions
of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Vendor will take
such action with respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the
event a Vendor (or herein "applicant," as applicable in context within these Federal Funds Provisions)
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Vendor may request the United States to enter into such litigation
to protect the interests of the United States.
k) The Vendor further agrees that it shall be bound by the above equal opportunity clause with respect to its
own employment practices when it participates in federally assisted construction work: Provided, that if the
Vendor so participating is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not participate in work on or
under the Contract.
l) The Vendor agrees that it shall assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of Vendors and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall furnish the
administering agency and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it shall otherwise assist the administering agency in the discharge of the agency's
primary responsibility for securing compliance.
m) The Vendor further agrees that it shall refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a Vendor debarred from, or who has not
demonstrated eligibility for, Government Contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon Vendors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Vendor agrees that if it fails or
refuses to comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part any relevant grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the Vendor under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance has been received from
such Vendor; and refer the case to the Department of Justice for appropriate legal proceedings.
11. FAMILY EDUCATION RIGHTS AND PRIVACY ACT: Contractor acknowledges that Henderson County Public Schools
is subject to the Family Education Rights and Privacy Act (FERPA) (20 U.S.C. 1232G; 34 C.F.R. 99). To the extent
Contractor generates or maintains education records that are subject to FERPA, Contractor will comply with applicable
FERPA requirements. Contractor will not access or make any disclosures of student education records to third parties
without prior notice to and consent from Henderson County Public Schools or as otherwise provided by the law or the
Contract. For purposes of the Contract, Henderson County Public Schools designates Contractor as a school official with
a legitimate educational interest in the education records of participating students to the extent access to Henderson
County Public School's records is required by Contractor to carry out its services. If, Henderson County Public Schools
provides Contractor with personal identifiers as listed in N.C.G.S. 132-1.10 and in N.C.G.S. 14-113.20(b) or any other
legally confidential information including "personally identifiable information" from student education records as defined
by the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and the implementing regulations in Title 34, Part
99 of the Code of Federal Regulations ("FERPA"), Contractor hereby certifies that collection of this information is
necessary for the performance of Contractor's duties and responsibilities under the Contract. Contractor further certifies
that it will maintain the confidential and exempt status of any Social Security number information, as required by N.C.G.S.
132-1.10(c)(1), and that it will not re-disclose personally identifiable information pursuant to FERPA or by any other
State or Federal laws.
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PROPOSALS MAY BE SUBJECT TO REJECTION UNLESS SUBMITTED ON THIS FORM