DIESEL EXHAUST FLUID (DEF) - WCPSS TRANSPORTATION DEPARTMENT - BID # 251-27-135

Invitation for Bid # 251-27-135
1551 Rock Quarry Rd - Bldg. F Proposals will be publicly opened: Wednesday, July 1, 2026 @
12:00 PM
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Brian A. Martin Commodity: DIESEL EXHAUST FLUID (DEF)
E-Mail: bamartin@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM
(TRANSPORTATION DEPARTMENT)
NOTICE TO BIDDERS
Bids are subject to rejection unless submitted on this form. Failure to submit a bid in accordance with the instructions throughout
this document shall constitute just cause to reject bid. See below for bid/proposal submitting instructions. Bids submitted via
facsimile (FAX) machine or email in response to this Invitation for Bids will not be acceptable.
EXECUTION
In compliance with this Invitation for Bid, and subject to all the conditions herein, the undersigned offers and agrees to furnish
and deliver any or all items upon which prices are quoted, at the prices set opposite each item within the time specified
herein. 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.
Failure to execute/sign this page prior to submittal shall render bid invalid. Late bids are not acceptable.
BIDDER: 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:
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Offer valid for 45 days from date of bid opening unless otherwise stated here: ____ days Prompt Payment Discount:
_______ % __________________ days.
IFB SCHEDULE
The table below shows the intended schedule for this IFB. WCPSS will make every effort to adhere to this schedule.
Event Responsibility Date and Time (ET.)
Issue IFB WCPSS June 17, 2026
Submit Written Questions Vendor June 22, 2026 by 2:00 PM ET
Provide Response to Questions WCPSS June 25, 2026 by 5:00 PM ET
Submit Proposals Vendor July 1, 2026 by 12:00 PM ET
PROPOSAL QUESTIONS
Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best
proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the
above due date.
Written questions must be emailed to bamartin@wcpss.net by the date and time specified above. Vendors should enter
"IFB 251-27-135 Questions" as the subject for the email. Question submittals should include a reference to the applicable
IFB section and be submitted in a format shown below:
Reference Vendor Question
IFB 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 and shall become an Addendum to this IFB. No information, instruction
or advice provided orally or informally by any WCPSS personnel, whether made in response to a question or otherwise in
connection with this IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained
in an Addendum to this IFB. Addendums associated with the Invitation for Bid will be posted to the following links
and it will be the vendor's responsibility to adhere to and check these addendums prior to bid submittal:
(https://www.wcpss.net/partnerships/~board/partnership-and-community/post/suppliers)
(https://evp.nc.gov/solicitations/)
PROPOSAL SUBMITTAL
Proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received
at the address indicated in the table below, for furnishing and delivering those items or services as described herein.
Mailing address for delivery of proposal
PROPOSAL NUMBER: IFB: 251-27-135
Wake County Public Schools
ATTN: Brian A. Martin
1551 Rock Quarry Rd. Building F
Raleigh, NC 27610
IMPORTANT NOTE: All responses shall be physically delivered to the office address listed above on or before the response
deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk
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of late arrival due to unanticipated delay-whether delivered by hand, U.S. Postal Service, courier, or other delivery service
is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by
the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any
proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made
a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity
as described herein.
a) Submit one (1) signed, original executed proposal response simultaneously to the address identified in the
table above.
b) Clearly mark each package with: (1) Vendor name; (2) the IFB number; and (3) the due date. Address the
package(s) for delivery as shown in the table above. If Vendor submits 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.
PURPOSE AND 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 over 200 schools serving
a student population of approximately 160,000, 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).
Product will ship FOB to: Wake County Public Schools
Central Receiving
1551 Rock Quarry Road
Raleigh, NC 27610
Please provide a quote for approximately 40,000 gallons of API approved/certified diesel
exhaust fluid (DEF) in the template below. Fluid must be API approved/certified. Quote exactly
as specified no substitutions. Quantities are estimates only and (DEF) will be ordered on an as
needed basis by WCPSS. Delivered in bulk at an estimated 500-1000 gallons every week.
Awarded bidder must be able to provide delivery within two (2) business days of being
contacted by WCPSS. Unit price must include all applicable shipping charges for quote to be
valid. BID MUST INCLUDE DEF SPECIFICATION SHEET. Pricing must be firm through 6/30/27.
WCPSS has the right of extending the pricing/labor rate for up to five (5) additional years in
one-year increments. Do not include sales tax in your quote. WCPSS reserves the right to
award line by line or to the overall lowest bidder. Shipping F.O.B. to 1551 Rock Quarry Road,
Raleigh, NC 27610.
The WCPSS school district's transportation department used approximately 47,000 gallons of
bulk diesel exhaust fluid (DEF) this last fiscal year (July 1, 2025 - June 30, 2026)
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Delivered price per gallon Unit Price Total Cost
(including ALL applicable
delivery, shipping, and
offloading charges)
AWARD OF CONTRACT
It is the general intent to award this contract to a single overall bidder. The right is reserved, however, to make awards to
multiple vendors, if such shall be considered by Wake County Public School System to be most advantageous or to
constitute its best interest. The successful bidder(s) will be notified by the Purchasing Department.
AWARD CRITERIA
1. Pricing.
2. Quality of Items/Service: Includes answers and methodology where applicable.
3. Experience.
4. Conformity with specifications herein.
SOURCE SELECTION
WCPSS will review all information submitted in order to award the contract to the bidder providing the most
responsive/responsible low bid.
i. The evaluation committee may request clarifications, an interview with or presentation from any or all bidders.
However, the WCPSS may refuse to accept, in full or partially, the response to a clarification request given by
any bidder. Bidders are cautioned that the evaluators are not required to request clarifications; therefore, all
offers should be complete and reflect the most favorable terms.
ii. Evaluation Process Explanation. WCPSS employees will evaluate all proposals. All proposals will be initially
classified as being responsive or non-responsive. If a proposal is found non-responsive, it will not be
considered further. All responsive proposals will be evaluated based on stated evaluation criteria, as provided
with this IFB. Any references in an answer to another location in the IFB materials or Proposal shall have
specific page numbers and sections stated in the reference.
iii. To be eligible for consideration, a bidder must meet the intent of all requirements. Compliance with the intent
of all requirements will be determined by WCPSS. Responses that do not meet the full intent of all
requirements listed in this IFB may be subject to point reductions during the evaluation process or may be
deemed non-responsive. Further, a serious deficiency in the response to any one factor may be grounds for
rejection.
iv. Bidders are advised that WCPSS is not obligated to ask for or accept after the closing date
Bidder may be disqualified from any evaluation or award if bidder or any key personnel proposed, has
previously failed to perform satisfactorily during the performance of any contract with WCPSS, or violated
rules or statutes applicable to public bidding in the State of North Carolina, as documented. Vendors must not
be debarred from doing business with the State of North Carolina or Federal Government.
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CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period-from the date bids are opened through the date the contract is awarded-each Vendor
submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any
communications with any person inside or outside of WCPSS, other government agency office, WCPSS body or private
entity, if the communication refers to the content of Vendor's bid or qualifications, the contents of another Vendor's bid,
another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of
information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids
and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award,
unless it is determined in WCPSS' discretion that the communication was harmless, that it was made without intent to
influence and that the best interest of WCPSS would not be served by the disqualification. A Vendor's bid may be
disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the
procurement is active (i.e., the issuance date of the procurement to the date of contract award). Please contact
bamartin@wcpss.net .
VENDORS ARE CAUTIONED THAT ALL RESPONSES MUST BE ORGANIZED, IDENTIFIABLE AND READILY
ACCESSIBLE. A TEMPLATE IS PROVIDED FOR USE BUT ANY ADDITIONAL INFORMATION SHOULD
REFLECT IDENTIFIABLE LANGUAGE AND BE ACCESSIBLE AND ORGANIZED.
NON-PREFERENCE
It is the intent of WCPSS to procure products in the stated quantity, quality, and size as described in this request while
adhering to general statutes specific to public schools and WCPSS Board of Education policy. The manufacturer, brand
name and model numbers are used to provide respondents specific information on the quality and usefulness of the
product that is being requested. These references are not intended to restrict comparable products. Other manufacturers
and brands will be considered if they meet or exceed the minimum standards of the product referenced. See below for
accompanying literature that is required when submitting your bid.
DESCRIPTIVE LITERATURE/CERTIFICATION
Each bid shall be accompanied by complete descriptive literature, specifications, certifications, and all other pertinent data
necessary for thorough evaluation of the item(s) bid and sufficient to determine compliance of the item(s) with the
specifications.
DEVIATIONS
Any deviations from specifications and requirements herein by bidder may subject proposal to disqualification.
FIRM BID
Prices and any other entry made hereon by the bidder shall be considered firm and not subject to change or withdrawal.
TAXES
Wake County Public School System is NOT tax-exempt. Unless otherwise indicated, tax must be computed and added to
your bid. Any itemized shipping charges are also subject to tax.
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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;
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or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service,
geographical areas; other factors deemed by WCPSS to be pertinent or peculiar to the purchase in question.
14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS
invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled
business enterprises and non-profit work centers for the blind and severely disabled.
15. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the bidder
does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the
bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether
it is or not will be determined by North Carolina law.
16. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will,
upon request be returned at the bidder's expense. Request for the return of samples must be made within 10 days following date
of bid opening. Otherwise, the samples will become WCPSS property. Each individual sample must be labeled with the bidder's
name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and
then returned, if requested, as specified above.
17. AWARD PROCEDURES: Contract award notice shall be posted on WCPSS website. Contract award notices are sent only to
those actually awarded contracts, and not to every person or firm responding to this solicitation.
18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-
state preferences against North Carolina's resident bidders. The "Principal Place of Business" is defined as the principal place
from which the trade or business of the bidder is directed or managed.
19. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WCPSS may procure the articles or services from
other sources and hold the contractor responsible for any excess cost occasioned thereby. WCPSS reserves the right to require
performance bond or other acceptable alternative guarantees from successful bidder without expense to WCPSS.
20. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the
material, quality, workmanship, or performance of the items offered prior to their delivery, it shall be the responsibility of the
contractor to notify in writing WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves the right
to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
21. TAXES: Any applicable taxes shall be invoiced as a separate item.
G.S. 143-59.1 bars the WCPSS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of
G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions
under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State
that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted,
media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it
has affiliates) collect(s) the appropriate taxes.
22. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding
in contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined.
23. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State
of North Carolina.
24. INSPECTION AT CONTRACTOR'S SITE: WCPSS reserves the right to inspect, at a reasonable time, the equipment/item, plant
or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for WCPSS
determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and
suitable for the proper and effective performance of the contract.
25. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods,
whichever is later. Payment may be made by procurement card, and it shall be accepted by the contractor for payment if the
contractor accepts that card (Visa, MasterCard, etc.) from other customers.
26. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood
and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All
containers/packaging shall be suitable for handling, storage, or shipment.
27. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection
to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and
approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or
identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for
pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers' Association for electrically operated
assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established
for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and
Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.
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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.
In no event shall such approval and action obligate WCPSS to anyone other than the contractor and the contractor shall remain
responsible for fulfillment of all contract obligations.
30. INSURANCE:
Certificates of Insurance acceptable to WCPSS shall be filed with WCPSS prior to commencement of the Work. These
Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days'
prior written notice has been given to WCPSS, and that the Wake County Board of Education is listed as additional insured on
general liability and automobile liability. Provider agrees to maintain the appropriate insurance outlined in Exhibit B. Other types of
appropriate insurance may be required depending upon scope of services provided. Examples are aviation liability, pollution
liability, crime, employee dishonesty/directors and officers.
The successful vendor agrees to hold harmless and indemnify the Wake County Board of Education (WCBOE) for any liability that
may arise from the negligent or illegal acts of the vendor's employees or agents.
31. GENERAL INDEMNITY: The provider shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of
any kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying
work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses
accruing or resulting to any person, firm, or corporation that may be injured or damaged by the provider in the performance of this
contract and that are attributable to the negligence or intentionally tortious acts of the provider. The provider represents and
warrants that it shall make no claim of any kind or nature against WCPSS agents who are involved in the delivery or processing of
contractor goods to WCPSS. The representation and warranty in the preceding sentence shall survive the termination or expiration
of this contract.
32. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date
of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both
parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.
33. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or
maximum purchases there under.
34. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during
the contract period must be general, either by reason of market change or on the part of the contractor to other customers.
a. Notification: Must be given to WCPSS, in writing, concerning any proposed price adjustments. Such notification shall be
accompanied by copy of manufacturer's official notice or other acceptable evidence that the change is general in nature.
b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period.
Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period,
a request for increase may be submitted with WCPSS reserving the right to accept or reject the increase or cancel the contract.
Such action by WCPSS shall occur not later than 15 days after the receipt by WCPSS of a properly documented request for price
increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days
reserved to evaluate the request for increase.
35. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are
placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall
be invoiced as a separate item.
36. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Provider shall conduct at its own expense sexual offender registry
checks on each of its employees, agents, ownership personnel, or contractors ("contractual personnel") who will engage in any
service on or delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a
minimum check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator
Registration Program, and the National Sex Offender Registry ("the Registries"). For the Provider's convenience only, all of the
required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at
http://sexoffender.ncdoj.gov/. The Provider shall provide certification on Sexual Offender Registry Check Certification Form that the
registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement
prior to the commencement of such services or the delivery of such goods. The Provider shall conduct a current initial check of the
registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In
addition, Provider agrees to conduct the registry checks and provide a supplemental certification form before any additional
contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Provider further agrees to conduct
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annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement.
Provider shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears
on any of the listed registries. Provider agrees that it will maintain all records and documents necessary to demonstrate that it has
conducted a thorough check of the registries as to each contractual personnel and agrees to provide such records and documents
to the school system upon request. Provider specifically acknowledges that the school system retains the right to audit these
records to ensure compliance with this section at any time in the school system's sole discretion. Failure to comply with the terms
of this provision shall be grounds for immediate termination of the Agreement. In addition, the school system may conduct
additional criminal records checks at Provider's expense. If the school system exercises this right to conduct additional criminal
records checks, Provider agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the
past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods
or perform services under this Agreement. Provider further agrees that it has an ongoing obligation to provide the school system
with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. WCPSS
reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this
Agreement if WCPSS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-
being of students, school personnel or others.
37. ACCESS TO PERSONS AND RECORDS: The State Auditor and the WCPSS internal auditors shall have access to persons and
records as a result of all contracts or grants entered into by WCPSS in accordance with General Statute 147-64.7 and Session Law
2010-194, Section 21 (i.e., the State Auditors and WCPSS may audit the records of the contractor during the term of the contract to
verify accounts and data affecting fees or performance).
38. COMPLIANCE WITH E-VERIFY: Provider shall comply with all applicable laws and regulations in providing services under this
Contract. In particular, Provider shall not employ any individuals to provide services to the School System who are not authorized
by federal law to work in the United States. Provider represents and warrants that it is aware of and in compliance with the
Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes)
requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in
compliance with these laws at all times while providing services pursuant to this Contract. Provider shall also ensure that any of its
subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in
connection with this Contract.
39. COMPLIANCE WITH AFFORDABLE CARE ACT: Provider is responsible for providing affordable health care coverage to all of
its full-time employees providing services to the School System. The definitions of "affordable coverage" and "full-time employee"
are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.
40. RESTRICTED COMPANIES LIST: Bidder represents that as of the date of this bid, Bidder is not included on the Final Divestment
List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. 147-86.58. Bidder also represents that as of the
date of this bid, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created
by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. 147-86.81.
41. BUSINESS AUTHORIZATION: Bidder is duly qualified to do business in North Carolina. If Bidder is a business entity that is not
registered in North Carolina, prior to providing any products or beginning any services described by this bid, Bidder shall either (i)
obtain a certificate of authority from the Secretary of State for North Carolina, pursuant to N. C. Gen. Stat. 55-15-03, or (ii) provide
a letter from an attorney indicating that the attorney has reviewed N. C. Gen. Stat. 55-15-01 and determined that Bidder is not
required to obtain a certificate of authority pursuant to N. C. Gen. Stat. 55-15-01(b).
42. GIFT PROHIBITION. Provider acknowledges that it is subject to N.C.G.S. 14-234 and 133-32, which prohibit contractors
from providing items of value to school system officials and employees under various circumstances. N.C.G.S. 14-234, in pertinent
part, prohibits contractors from providing to specific school system officers/employees a gift, favor, reward, service, or promise of
reward in exchange for recommending influencing or attempting to influence the award of a contract. N.C.G.S. 133-32, in pertinent
part, bars provision of gifts or favors to specific school system officers/employees by a contractor who has a contract, has performed
under a contract in the last year, or anticipates bidding on a contract in the future. Provider covenants that no director, employee
or agent of Provider, or any other person connected with Provider, has made, offered or given, either directly or indirectly, to any
School System Board member, employee, or agent, or to any person connected with the School System, any gift, favor, or item of
value in violation of either N.C.G.S. 14-234 or 133-32. Provider agrees that a breach of this provision as identified by the school
system may result in the School System's termination of this Contract without liability and/or at the School System's discretion, the
recovery of any and all funds paid to Provider pursuant to this Contract. Provider further agrees that to the extent there exists any
doubt as to whether its actions have violated, or could violate, this provision, Provider will promptly notify the school system so it
can make a determination as to the propriety of the Provider's past or proposed future conduct.
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ETHICS AND THE PURCHASING FUNCTION Policy Code: 6401/9100
The Wake County Board of Education is committed to conducting the purchasing function in an ethical manner and in compliance with
state and federal laws and regulations. The Board expects all employees who are directly or indirectly involved in any aspect of the
purchasing function to be aware of and comply with all current state and federal laws and regulations as these standards apply to the
school system's purchasing activities. The Board's purchasing goals and principles will not be compromised by individuals motivated by
personal gain.
Employees directly or indirectly involved in any aspect of the school system's procurement, purchasing, and/or contracting process for
apparatus, materials, equipment, supplies, services, real property, or construction or repair projects, regardless of source of funds, must
adhere to the following standards of conduct and those established in any policies regarding employee conflict of interest and 8305:
Federal Grant Administration.
1. Employees are expected to make all purchasing-related decisions in a neutral and objective way based on what is in the best interest
of the school system and not in consideration of actual or potential personal benefit.
2. Employees shall not participate, directly or indirectly, in making or administering any contract from which they will obtain a direct
benefit, unless an exception is allowed pursuant to law.
An employee obtains a direct benefit when the employee or his or her spouse will receive income, commission, or property under the
contract, or the employee or spouse has more than a 10 percent interest in an entity that is a party to the contract. See G.S. 14-234 and
any policies regarding employee conflict of interest.
Participation in making or administering a contract includes, but is not limited to, participating in the development of specifications or
contract terms; obtaining or reviewing bids; preparation or award of the contract; and having the authority to make decisions about,
interpret, or oversee the contract.
3. Employees shall not participate, directly or indirectly, in the selection, award, or administration of a contract supported in whole or
part by a federal grant or award if the employee has a real or apparent conflict of interest. See 2 C.F.R. 200.318 and policy 8305:
Federal Grant Administration.
A real or apparent conflict exists when the employee, his or her immediate family member or partner, or an organization which employs
or is about to employ any of those individuals, has a financial or other interest in or receives a tangible personal benefit from a firm
considered for a contract. For purposes of this subsection, a "financial interest" means a financial interest which comprises more than
five percent of the equity of the firm or business or more than five percent of the assets of the economic interest in indebtedness. It
does not include an ownership interest held through a fiduciary, such as Policy Code: 6401/9100 a mutual fund or blind trust, where the
individual or individual's employer has no control over the selection of holdings.
4. Employees shall not influence or attempt to influence any person involved in making or administering a contract from which the
employee will obtain a direct benefit as described in paragraph 2, above.
5. Employees shall not solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment,
in exchange for recommending, influencing, or attempting to influence the award of a contract by the school system.
6. Employees shall notify the superintendent or designee in writing if they have an actual or potential conflict of interest under this policy
or applicable state or federal law that would disqualify them from performing any aspect of their job responsibilities.
7. Employees shall not solicit or accept trips, meals, gratuities, gifts, favors, or anything of monetary value from current or recent (within
the past year) contractors, subcontractors, or suppliers, or any persons or entities that foreseeably may bid on a contract in the future,
unless the item is an unsolicited gift of nominal value ($50 or less), and is one of the following: an advertising item or souvenir that is
widely distributed; an honorarium for participating in a meeting; a meal provided at a banquet; or other item that is clearly permitted by
state and federal law. Multiple permitted items from a single contractor may not exceed an aggregate value of $100 in a twelve-month
period.
Employees shall inform existing and potential contractors, subcontractors, and suppliers about these restrictions.
8. Employees shall not solicit or accept any gift from a current or potential provider of E-rate services or products in violation of
applicable federal E-rate program gifting rules.
9. Employees shall not divulge confidential information to any unauthorized person. Confidential information includes but is not limited
to (1) the school system's cost estimate for any public contract, prior to bidding or completion of other competitive purchasing
processes; and (2) the identity of contractors who have obtained proposals for bid purposes for a public contract, until the bids are
opened in public and recorded in the Board minutes.
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