2022 – 2023 School Bus Financing

expired opportunity(Expired)
From: North Carolina Department of Public Instruction(State)
40-PR12414580-537551829-NM

Basic Details

started - 10 Jan, 2023 (14 months ago)

Start Date

10 Jan, 2023 (14 months ago)
due - 31 Jan, 2023 (14 months ago)

Due Date

31 Jan, 2023 (14 months ago)
Bid Notification

Type

Bid Notification
40-PR12414580-537551829-NM

Identifier

40-PR12414580-537551829-NM
Department of Public Instruction

Customer / Agency

Department of Public Instruction
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STATE OF NORTH CAROLINA Department of Public Instruction Invitation for Bid #: 40-PR12414580-537551829-NM 2022 – 2023 School Bus Financing Date of Issue: January 10, 2023 Bid Opening Date: January 31, 2023 At 10:00 AM ET Direct all inquiries concerning this IFB to: Nicole Mathis Procurement Manager Email: nicole.mathis@dpi.nc.gov mailto:nicole.mathis@dpi.nc.gov Ver: 11/2021 STATE OF NORTH CAROLINA Invitation for Bid # 40-PR12414580-537551829-NM For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. Vendor Name Vendor eVP# Note: For your bid to be considered,
your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login This page shall be filled out and returned with your bid. Failure to do so may subject your bid to rejection. https://vendor.ncgov.com/vendor/login Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 2 Refer ALL Inquiries regarding this IFB to: Nicole Mathis in the Ariba Sourcing Tool (only) Invitation for Bid #: 40-PR12414580-537551829-NM Bids will be publicly opened: January 31, 2023 at 10:00 AM ET Using Agency: Public Instruction Commodity No. and Description: 841016 - AID FINANCING (School Bus Financing) Requisition No.: PR12414580 EXECUTION In compliance with this Invitation for Bid (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that:  this bid is submitted competitively and without collusion (G.S. 143-54),  none of its officers, directors, or owners of an unincorporated business entity has 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  it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that:  it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the ATTACHMENTS page within this document. Failure to execute/sign bid prior to submittal may render bid invalid and it SHALL BE REJECTED. Late bids shall not be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: STATE OF NORTH CAROLINA Department of Public Instruction Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 3 VALIDITY PERIOD Offer shall be valid for at least 90 days from date of bid opening, unless otherwise stated here: 90 days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB. ACCEPTANCE OF BIDS If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. FOR DEPARTMENT OF PUBLIC INSTRUCTION USE ONLY Offer accepted and contract awarded this day of 2023, as indicated on attached certification, by (Authorized representative of Department of Public Instruction), Chief Financial Officer North Carolina Department of Public Instruction By: Catherine Truitt, Superintendent of North Carolina Department of Public Instruction Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 4 CONTENTS 1.0 PURPOSE AND BACKGROUND .......................................................................................................... 6 1.1 CONTRACT TERM ............................................................................................................................. 6 2.0 GENERAL INFORMATION .................................................................................................................. 6 2.1 INVITATION FOR BID DOCUMENT .................................................................................................. 6 2.2 E-PROCUREMENT FEE ..................................................................................................................... 6 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS ........................................... 7 2.4 IFB SCHEDULE .................................................................................................................................. 7 2.5 BID QUESTIONS ................................................................................................................................ 8 2.6 BID SUBMITTAL ................................................................................................................................ 8 2.7 BID CONTENTS ................................................................................................................................. 8 2.8 ALTERNATE BIDS ............................................................................................................................. 9 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ...................................................................... 9 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................................. 9 3.1 METHOD OF AWARD ........................................................................................................................ 9 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION .................. 9 3.3 BID EVALUATION PROCESS ........................................................................................................... 9 3.4 PERFORMANCE OUTSIDE THE UNITED STATES ........................................................................ 10 3.5 INTERPRETATION OF TERMS AND PHRASES ............................................................................ 10 4.0 REQUIREMENTS ............................................................................................................................ 11 4.1 PRICING ........................................................................................................................................... 11 4.2 FINANCIAL STABILITY ................................................................................................................... 11 4.3 HUB PARTICIPATION ...................................................................................................................... 11 4.4 REFERENCES .................................................................................................................................. 11 4.5 PERSONNEL .................................................................................................................................... 11 4.6 VENDOR’S REPRESENTATIONS ................................................................................................... 12 4.7 INSURANCE ..................................................................................................................................... 12 4.8 HISTORICAL DATA ......................................................................................................................... 12 5.0 SPECIFICATIONS AND SCOPE OF WORK ..................................................................................... 13 5.1 SPECIFICATIONS.............................................................................................................................. 13 6.0 CONTRACT ADMINISTRATION........................................................................................................ 14 6.1 CONTRACT MANAGER AND CUSTOMER SERVICE .................................................................... 14 6.2 ACCEPTANCE OF WORK ............................................................................................................... 14 6.3 TRANSITION ASSISTANCE ............................................................................................................ 15 Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 5 6.4 DISPUTE RESOLUTION .................................................................................................................. 15 6.5 CONTRACT CHANGES ................................................................................................................... 15 7.0 ATTACHMENTS ................................................................................................................................ 16 ATTACHMENT A: PRICING FORM (REQUIRED) ....................................................................................... 16 RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE ...................................................................... 17 ATTACHMENT B: INSTRUCTIONS TO VENDORS (NOT REQUIRED TO BE RETURNED) ....................................... 17 ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS (NOT REQUIRED TO BE RETURNED) ........................................................................................................................................................................... 17 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION (REQUIRED TO BE RETURNED) .................. 17 ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR (REQUIRED TO BE RETURNED) ............... 17 ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION (REQUIRED TO BE RETURNED) ........................ 17 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL (REQUIRED TO BE RETURNED) ............................................................................. 17 8.0 DPI EXHIBITS .................................................................................................................................... 18 EXHIBIT B ...................................................................................................................................................................... 18 EXHIBIT C ...................................................................................................................................................................... 19 APPENDIX #___TO ........................................................................................................................................................ 20 PART 2 PAYMENT SCHEDULE TO APPENDIX #______ ........................................................................................... 20 PART 3 REQUEST FOR DISBURSEMENT .................................................................................................................. 21 ACCEPTANCE CERTIFICATE ...................................................................................................................................... 22 Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 6 1.0 PURPOSE AND BACKGROUND The State of North Carolina funds the vast majority of the school bus transportation program statewide. There are 115 Local Education Agencies (LEAs) in the State, transporting over 800,000 students daily for 180 school days per year. Through an appropriation from the North Carolina General Assembly, the North Carolina Department of Public Instruction (NCDPI or DPI) allots a block grant to each LEA for operation of the school transportation system. From this block grant, the LEA pays expenses for drivers, benefits, other personnel, fuel, tires, etc. Of all eligible expenditures for school transportation, the State funds approximately 90%. Through a separate legislative appropriation, NCDPI replaces school buses as needed, based on mileage and age criteria. Note that if an LEA needs to add an additional bus to its fleet, the LEA must purchase the initial bus with local funding. However, after purchase the bus is included in the State’s replacement system for school buses, and the State will provide a replacement bus. Current replacement criteria are as follows: • 150,000 Miles and at least 20 years; OR • 250,000 miles and at least 15 years; OR • 300,000 miles When a bus is replaced, it is removed from the State’s replacement program and the LEA is allowed to retain it as a spare bus. Typically, an existing spare bus will be removed from the county – either sold or transferred to another county as a spare bus. The State Term Contract referenced just (herein “State Term Contract”) requires that buses be delivered within 270 days of the order. The bus is then immediately turned over to the LEA and titled in the name of the LEA. The State Term Contract can be found on the North Carolina Department of Administration, Division of Purchase and Contract’s website for State Term Contracts, at: https://ncadmin.nc.gov/documents/statetermcontracts/stc071c/071c-type-c-conventional-school-activity-buses NCDPI is soliciting bids from the financial community to provide third party financing services for school buses. NCDPI is seeking equipment financing to be made available to North Carolina LEAs through fixed rate loans based on North Carolina General Statute 115C-528. For this procurement, NCDPI anticipates financing the purchase of approximately 400 school buses ranging in capacity from 41 to 72. Some vehicles will be equipped with wheelchair lifts. Most, but not all, vehicles will be equipped with air conditioning. The school buses are to be purchased from the State Term Contract for school buses and activity buses linked above. The successful Vendor shall comply with the specifications and requirements as stipulated herein. Total available funding from State’s replacement sources for school buses will not exceed $50 million over four (4) years. An estimated quantity based on past history or other means may be used as a guide but shall not be a representation by the State of any anticipated purchase volume under any contract made pursuant to this solicitation. The estimated expenditure on this contract is up to $50,000,000, however, no minimum or maximum quantities are guaranteed. The contract is required to be competitively bid on an annual basis. The intent of this solicitation is to award an Agency Contract. 1.1 CONTRACT TERM The Contract shall have an initial term of one (1) year, beginning immediately upon execution of the contract. The Vendor shall begin services within fifteen (15) days of contract execution. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BID DOCUMENT This IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE https://ncadmin.nc.gov/documents/statetermcontracts/stc071c/071c-type-c-conventional-school-activity-buses Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 7 ATTENTION: The E-Procurement does not apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component of this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this Q and A process or negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. 2.4 IFB SCHEDULE The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue IFB State January 10, 2023 Submit Written Questions Vendor January 17, 2023, at 10:00 AM ET Provide Response to Questions State January 24, 2023 Submit Bids Vendor January 31, 2023, at 10:00 AM ET Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 236 772 374 497 Passcode: UQBqXW Download Teams | Join on the web Or call in (audio only) +1 323-484-5095,489035372# United States, Los Angeles Phone Conference ID: 489 035 372# Find a local number | Reset PIN Learn More | Meeting options http://eprocurement.nc.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjE5MThmMzAtNDUxMS00NTc0LTk4ODMtZTBiODA2MjAzY2Zm%40thread.v2/0?context=%7b%22Tid%22%3a%22849e9c61-f0bb-4d83-ba5f-4b5337664cf7%22%2c%22Oid%22%3a%22ed189b1b-e632-41fa-9672-7943a6f70b10%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+13234845095,,489035372#%20 https://dialin.teams.microsoft.com/5349f5a5-3431-4360-9428-3c6876460abe?id=489035372 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=ed189b1b-e632-41fa-9672-7943a6f70b10&tenantId=849e9c61-f0bb-4d83-ba5f-4b5337664cf7&threadId=19_meeting_ZjE5MThmMzAtNDUxMS00NTc0LTk4ODMtZTBiODA2MjAzY2Zm@thread.v2&messageId=0&language=en-US Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 8 2.5 BID QUESTIONS Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum. Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the IFB SCHEDULE Section of this IFB. Vendors will enter “IFB #40-PR12414580-537551829-NM Questions” as the subject of the message. Question submittals should include a reference to the applicable IFB section. This is the only manner in which questions will be received. Questions or issues related to using the Sourcing Tool itself 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 ET to 5:00 PM ET. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool 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 State 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 the IFB and an addendum to this IFB. 2.6 BID SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bids(s). Solicitation responses are subject to Sealed Bidding requirements. Vendor’s bids for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training Questions or issues related to using the Sourcing Tool itself 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. Tips for Using the Sourcing Tool: 1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk. 2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response. 3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted. 4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted. 2.7 BID CONTENTS Vendors shall provide responses to all questions and complete all attachments for this IFB that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion. Vendors shall upload the following items and attachments in the Sourcing Tool: https://eprocurement.nc.gov/training/vendor-training Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 9 a) Completed and signed version of all EXECUTION PAGES, along with the body of the IFB. b) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned. c) Vendor’s Response. d) Completed version of ATTACHMENT A: PRICING FORM (Required to be returned) e) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION (Required to be returned) f) Completed version of ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR (Required to be returned) g) Completed and signed version of ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION (Required to be returned) h) Completed version of ATTACHMENT G: CUSTOMER REFERENCE FORM - (three (3)) - (Required to be returned) i) Completed and signed version of CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL - (Required to be returned) 2.8 ALTERNATE BIDS Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bid must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Each bid must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Bids in the Sourcing Tool. 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference. The following definitions, acronyms, and abbreviations are also relevant to this IFB: 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All responsive bids will be reviewed, and an award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications provided herein. While the intent of this IFB is to award a Contract(s) to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items, or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The State reserves the right to waive any minor informality or technicality in bids received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph of the Instructions to Vendors entitled Confidential Information. 3.3 BID EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct an evaluation of responsive Bids, as follows: Bids will be received according to the method stated in the Bid Submittal section above. Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 10 All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered may be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.5 INTERPRETATION OF TERMS AND PHRASES This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety. Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 11 4.0 REQUIREMENTS This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better bid, the Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Bid Questions Section above. 4.1 PRICING Bid price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and upload in the Sourcing Tool OR complete the pricing line-item table included in the Sourcing Tool [choose one]. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. 4.2 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability. 4.3 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION. 4.4 REFERENCES The Vendor shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Bid. The Vendor must have a minimum of three (3) years of experience providing similar services to public sector (state, city or county government) clients with similar or greater size and complexity to the State of North Carolina as describe in this IFB. The Vendor shall list the government entity and services provided in the ATTACHMENT E: CUSTOMER REFERENCE FORM 1. Vendor has the required minimum three (3) years of experience providing similar services to public sector (state, city or county government) clients with similar or greater size and complexity to the State of North Carolina as describe in this IFB? YES NO 2. Vendor has listed the government entity and services provided in the ATTACHMENT E: CUSTOMER REFERENCE FORM ? YES NO 4.5 PERSONNEL Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 12 Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). Should the Vendor’s bid result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel. 4.6 VENDOR’S REPRESENTATIONS If Vendor’s bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 4.7 INSURANCE The State is self-insured with respect to damage to school buses. When a bus is involved in a collision, it is up to the LEA to make the needed repairs to the vehicle. If there are proceeds from the insurance company of the other vehicle operator, then those proceeds will offset the cost of repair. Otherwise, the LEA must make repairs using funds from its block grant allotment. If a bus is declared a total loss where, in the estimation of NCDPI Transportation Consultants, the cost to replace the bus exceeds its value, then the state replaces the bus. The same process applies to school bus damage caused by vandalism, fire, flood, storms, or other natural disasters. Activity buses are insured by each LEA. 4.8 HISTORICAL DATA The following table shows the number of replacement buses financed by the NCDPI for North Carolina LEAs during the past years. Indicated also is the dollar amount of these purchases. Year Number Buses Purchase Amount 2002-03 472 financed $28,976,911 (total amount financed, to be paid in 3 equal payments over 3 years) 2003-04 756 financed $44,847,198 (total amount financed, to be paid in 3 equal payments over 3 years) 2004-05 612 Financed $37,947,889 (total amount financed, to be paid in 3 equal payments over 3 years) 2005-06 476 $30,371,550 (total amount financed, to be paid in 3 equal payments over 3 years) 2006-07 1165 Financed $80,423,810 (total amount financed, to be paid in 3 equal payments over 3 years) 2007-08 660 Financed $50,720,189 (total amount financed, to be paid in 3 equal payments over 3 years) 2008-09 869 Financed $69,970,575 (total amount financed, to be paid in 3 equal payments over 3 years) 2009-10 1023 Financed $ 82,372,140 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2010-11 46 Financed $3,933,976 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2011-12 1210 Financed $100,818,436 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2012-13 0 Financed $3,933,976 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2013-14 403 Financed $32,728,937 (total amount financed, to be paid in 4 equal payments over 4 yes) 2014-15 533 Financed $43,849,654 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2015-16 701 Financed $60,775,208 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2016-17 781 Financed $68,560,172 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2017-18 700 Financed $62,113,721 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2018-19 664 Financed $58,503,845 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2019-20 654 Financed $62,668,416 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2020-21 598 Financed $57,492,412 (total amount financed, to be paid in 4 equal payments over 4 yrs.) 2021-22 Financed $27,395,841 (total amount financed, to be paid in 4 equal payments over 4 yrs.) Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 13 5.0 SPECIFICATIONS AND SCOPE OF WORK 5.1 SPECIFICATIONS A. THE PROCESS a) For each LEA, funding (first year payments including finance charges) will be allotted to that LEA. b) The State Term Contract for school buses requires delivery to a location within 75 miles of Asheboro, NC. Acceptance of the buses by DPI and LEA, will take place at such location. It is anticipated that buses will be accepted in lots of 50-100 buses. c) DPI will sign a Master Facilitator Agreement with Vendor. A Master Facilitator Agreement is shown in Exhibit A. d) LEAs will each sign a Master Replacement Bus Financing Agreement (MRBFA) with Vendor. A sample MRBFA is shown in Attachment H e) Within ten (10) days of acceptance of the equipment by DPI and the LEA, the LEA will make the first payment to the Vendor. Within thirty (30) days of the acceptance of the equipment by DPI and the LEA, the Vendor must make full payment to the school bus manufacturer or dealer. The second, third and fourth payments to the Vendor will take place as described in the body of this IFB. No payments shall be due to the Vendor prior to DPI and LEA acceptance of the equipment. f) LEAs that wish to finance the purchase of additional school buses from non-state funds may use this contract and will provide appropriate approval documentation to the Vendor and will initiate separate contracts with the Vendor incorporating the terms and payment amounts established pursuant to this IFB. SBE shall not be a party to these separate agreements and shall not be responsible for payments under these separate agreements. B. FINANCING ARRANGEMENTS a) NCDPI is not requesting an annual percentage rate nor are the payments to be indexed or prorated based on fluctuating market interest rates. The prices bid for each of FOUR (4) equal payments for each configuration of bus to be financed shall be fixed for the duration of this contract. There are three (3) vendors of school buses on the State Term Contract. As such, financed prices per $1,000 will be requested in lieu of specific prices per bus. b) A small number of LEAs may use this contract to finance the purchase of up to, collectively, fifteen (15) activity and school buses from their own, non-state funding sources. Vendor shall allow these LEAs to participate in this financing contract upon the LEAs request and in accordance with the terms and payment amounts established pursuant to this IFB. These school districts will provide payment on the same payment schedule as the state replacement buses and will provide evidence of their creditworthiness upon request of Vendor. The LEAs will also complete a separate contract with Vendor containing the same payment amounts proposed in response to this IFB. DPI shall not be a party to these separate agreements and shall not be responsible for payments under these separate agreements. Vendor also understands that school buses purchased by these school districts will be covered for liability and vehicle replacement just like the replacement buses described in this document. c) The proposed amount of this contract will be determined as a result of the proposed payment amount. Total school bus purchase price is estimated to be $50,000,000. Payments to Vendor will include bus purchase price and finance costs and will be paid in four equal payments. As directed by the General Assembly, NCDPI will make allotments to each LEA receiving replacement school buses under this acquisition. At the time that such buses are delivered, DPI and the LEA will inspect the buses and verify their condition, approving that they meet state specifications and are acceptable to be included in the state school bus fleet. Documentation of this approval will be provided to the Vendor, indicating that payment is forthcoming from the LEA within 10 days of acceptance and that payment will be due from the Vendor to the school bus manufacturer within 30 days of acceptance. Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 14 d) LEA PAYMENTS. Repayment of monies by North Carolina LEAs will be on an annual basis. The first of FOUR (4) equal payments for each school bus will be made by the appropriate LEA to the Vendor within 10 days of the acceptance of the school bus. The second of the four equal payments will be made by the LEA by November 15, 2023, or within 10 days of the acceptance of the school bus, whichever is later. The third of the four equal payments will be made by the LEA prior to November 15, 2024. The fourth of the four equal payments will be made by the LEA prior to November 15, 2025. e) Vendor payments to school bus manufacturer or dealer – Payment of the full purchase price of each bus must be made by Vendor to school bus manufacturers or dealers not later than thirty (30) days of the acceptance of each bus by DPI and the LEA. f) No discounts, rebates or other incentives offered by school bus manufacturers or dealers or entities other than Vendor will be considered in the evaluation of any response to this IFB. g) A contract awarded pursuant to this IFB, if any, shall not be assigned in any manner that would allow securitization of the loan and permit it to be sold on behalf of the State of North Carolina by a third party to public investors. h) BOND RATING – This financing will NOT be rated and will NOT be bank qualified. i) All costs associated with the financing as described herein shall be the responsibility of the Vendor. NCDPI shall not pay for any legal or other services associated with this transaction. 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes. 6.1 CONTRACT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a contract manager. The contract manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service required for this contract. Contract Manager Email Address Telephone Number Location Address 6.2 ACCEPTANCE OF WORK Performance of the work and/or delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator. The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina. Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 15 6.3 TRANSITION ASSISTANCE If a Contract results from this solicitation, and the Contract is not renewed at the end of the last active term, or is canceled prior to its expiration, for any reason, Vendor shall provide transition assistance to the State, at the option of the State, for up six (6) months to allow for the expired or canceled portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Services to the State or its designees. If the State exercises this option, the Parties agree that such transition assistance shall be governed by the terms and conditions of the Contract (notwithstanding this expiration or cancellation), except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The State shall agree to pay Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Contract for performance of the Services or other resources utilized. 6.4 DISPUTE RESOLUTION During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.5 CONTRACT CHANGES Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK ATTACHMENTS BEGIN ON THE FOLLOWING PAGE Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 16 7.0 ATTACHMENTS ATTACHMENT A: PRICING FORM (REQUIRED) Vendor shall complete and return the pricing sheet with the bid submission. NOTE 1: The timing of Payment Number 2 depends on the delivery date of the bus. While we anticipate that all buses will be received before November 2023 the timing of payment #2 allows for this contingency. EXAMPLE #1: Bus cost $80,000, total finance cost $80,800, delivered July 1, 2023 Payment #1, paid to Vendor by July 11, 2023, $20,200 (Vendor pays school bus manufacturer/dealer $80,000 by July 31, 2023) Payment #2, paid to Vendor by November 15, 2023, $20,200 Payment #3, paid to Vendor by November 15, 2024, $20,200 Payment #4, paid to Vendor by November 15, 2025, $20,200 EXAMPLE #2: Bus cost $80,000, total finance cost $80,800, delivered November 25, 2023 Payment #1, paid to Vendor by December 5, 2023, $20,200 (Vendor pays school bus manufacturer/dealer $80,000 by December 25, 2023) Payment #2, paid to Vendor by December 5, 2023, $20,200 Payment #3, paid to Vendor by November 15, 2024, $20,200 Payment #4, paid to Vendor by November 15, 2025, $20,200 The 4-payment-total amount (column C above) will be used to calculate the payments for varying prices of school buses. For instance, if a school bus has a state contract purchase price of $79,233.45 the 4-payment- total amount will be multiplied by 79.23345 – the total will then be divided into four equal payments (rounded up to the nearest penny), paid to the Vendor according to the schedule described in column (B) above. FURNISH AND DELIVER: LIST ACTUAL PAYMENTS YEAR 1 A B C Purchase Price Amount of Each of Four Payments #1 – within ten (10) Days of vehicle acceptance # 2 -Year 2 11/15/23 or with payment #1 (whichever is later) # 3 Year 3 – 11/15/24 # 4 Year 4 – 11/15/25 4-Payment Total (B) x 4 $1,000 $ $ Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 17 **IMPORTANT NOTICE** RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT *** Failure to Return the Required Attachments shall Eliminate Your Response from Further Consideration *** ATTACHMENT B: INSTRUCTIONS TO VENDORS (NOT REQUIRED TO BE RETURNED) The Instructions to Vendors, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS (NOT REQUIRED TO BE RETURNED) The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION (REQUIRED TO BE RETURNED) Complete and return the Historically Underutilized Businesses (HUB) Vendor Information form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR (REQUIRED TO BE RETURNED) Complete and return the Location of Workers Utilized by Vendor, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION (REQUIRED TO BE RETURNED) Complete, sign, and return the Certification of Financial Condition, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL (REQUIRED TO BE RETURNED) Complete, sign, and return the Contracts, Grants, Loans, And Cooperative Agreements and OMB Standard Form LLL, which can be found at the following link: http://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-for-Contracts-Grants-Loans-and-Cooperative-Agreements- 7.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 18 8.0 DPI EXHIBITS ITEMS IN THIS SECTION ARE NOT REQUIRED TO BE RETURNED WITH THE BID RESPONSE (Pages 18-23). EXHIBIT B Master Replacement Bus Financing Agreement dated_______________________, by and between Contractor and______________________________________________________________________________________________ Aggregate List of Replacement Buses Anticipated to be Acquired by the LEA [Insert here the complete list of buses that the LEA will finance] [If the list is not inserted on the Exhibit B and an attachment is used instead, then add the following language to the top of the attachment: “Attachment to Exhibit B to Master Replacement Bus Financing Agreement dated _____________, by and between Contractor and _______________________________________________________________” Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 19 EXHIBIT C: FORM OF GENERAL CERTIFICATE OF THE LEA: CLOSING CERTIFICATE I, the undersigned, do hereby certify that I am a duly elected or appointed and authorized officer of (the “Local Education Agency” or “LEA”), that I hold the office set forth below my signature, and that I am hereby executing and delivering this certificate for the benefit of all persons interested in that certain Master Replacement Bus Financing Agreement, dated as of ___________________________, 20__ and the Appendices executed in connection therewith (collectively, the “Agreement”), by and between ____________ (the “CONTRACTOR”) and the LEA. The Agreement and all other documents, certificates, or instruments executed by the LEA and CONTRACTOR in connection therewith are referred to herein collectively as the “Contract Documents”. Terms defined in the Agreement are used in this certificate with the same meanings as in the Agreement. I do hereby further certify that: 1. I am familiar with and have personal knowledge of the matters hereinafter stated. 2. The LEA is a political subdivision of the State of North Carolina. 3. Each person signing the Contract Documents on behalf of the LEA is a duly elected or appointed, qualified, and acting officer of the LEA holding the office set forth below such person’s signature, and each such person’s signature appearing thereon is true and genuine. 4. To the best of my knowledge (i) the representations, covenants and warranties of the LEA in the Agreement are true and correct on and as of the date hereof as though made on and as of the date hereof; (ii) the LEA has complied with all terms on its part to be performed or satisfied by it under the Agreement at or prior to the date hereof; and (iii) the Contract Documents remain in full force and effect and no default or breach, or other event that, with the giving of notice or the passage of time or both, would become a default or breach, has occurred thereunder. 5. Each of the Contract Documents has been duly executed and delivered by or on behalf of the LEA and constitutes a legal, valid, and binding obligation of LEA enforceable in accordance with its terms. 6. Except as have been obtained and are in full force and effect as of the date hereof, no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery by the LEA of the Contract Documents or the acquisition of the Accepted Buses. 7. The LEA has taken all actions necessary to provide for all amounts required to be paid under the Agreement during the current fiscal year, and the LEA has or expects to have sufficient unexhausted funds to make such payments as the same become due. 8. The LEA has, to the extent required, complied with all applicable provisions of the applicable laws of the State with respect to the Agreement including without limitation the provisions of the Agreement relating to such public bidding requirements as may be applicable to the Agreement and the acquisition of the Accepted Buses thereunder. 9. To the best of my knowledge, no litigation is pending or threatened in any court to restrain or enjoin the execution or delivery of the Agreement or the payment of the Installment Payments, or in any way contesting or affecting the validity of the Agreement, or contesting the powers of the LEA or contesting the authorization of the Agreement or which, if adversely determined, will have a material, adverse effect on the ability of LEA to perform its obligations under the Contract Documents. 10. The Accepted Buses will be used by the LEA only for the purpose of performing one or more of its essential governmental or proprietary functions consistent with the permissible scope of its authority. None of the Accepted Buses will be leased to or operated by any person in connection with a non-governmental trade or business. 11. The Federal Taxpayer Identification number of the LEA is __________________________________. EXECUTED on _________________, 20____ By: __________________________________________ Name: Title: Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 20 APPENDIX #___TO Master Replacement Bus Financing Agreement dated ___________________, by and between Contractor and ______________________________________________________________________________________ Part 1 List of Accepted Buses indicating the total cost of the Accepted Buses VIN Number: Total Cost of the Accepted Buses $_______________ [Insert here the complete list of buses with VINs that the LEA will finance] [If the list is not inserted on the Exhibit B and an attachment is used instead, then add the following language to the top of the attachment: “Attachment to Exhibit B to Master Replacement Bus Financing Agreement dated _____________, by and between Contractor and ______________________________________________________________________________” PART 2 PAYMENT SCHEDULE TO APPENDIX #______ Master Replacement Bus Financing Agreement dated ___________________, by and between Contractor and _________________________________________________________________________________________________ __ [Insert here the complete list of buses with VINs that the LEA will finance] [If the list is not inserted on the Exhibit B and an attachment is used instead, then add the following language to the top of the attachment: “Attachment to Exhibit B to Master Replacement Bus Financing Agreement dated _____________, by and between Contractor and ______________________________________________________________________________” Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 21 PART 3 REQUEST FOR DISBURSEMENT 2023 REQUEST FOR DISBURSEMENT NO.: ______________ (this Request No, should be the same is the Appendix No., and Contractor should only get one request for each Appendix) RE: Appendix ____ to Master Replacement Bus Financing Agreement (the “Agreement”), dated as of (Please refer to LEA on Part-2 - Payment Schedule), 2023, made and entered into by and between (Please refer to LEA on Part-2 - Payment Schedule) (the “LEA”) and ________________ (“CONTRACTOR”). Please refer to the above-described Agreement. Unless otherwise defined herein, all terms having a defined meaning in the Agreement shall have the same meaning when used herein. 1. The undersigned hereby certifies that: a) This Request for Disbursement is in accordance with the Agreement and Appendix __ and is for payment to the Vendor of the Buses described on Part I--List of Accepted Buses, which Buses have been accepted as stated in the Acceptance Certificate attached to this Request for Disbursement and executed by the DPI and the LEA. b) The amount to be disbursed on this Request for Disbursement has not formed the basis of a previous request for payment and is due and owing. c) The following amount should be disbursed to the Vendor in payment of the Accepted Buses: (1) The amount of the first annual payment to be paid by the LEA $_________________ (2) Remaining amount to be financed by CONTRACTOR $_________________ (3) Aggregate of amount owed the Vendor $_________________ 2. Please disburse the following amount to the following Payee: Payee: __________________________________________ Amount: $________________________________________ 3. By its signature on this Part 3, the LEA agrees that it has reviewed and approved Part 1 and Part 2 of this Appendix. (Please refer to Part 2 – Payment Schedule) EXECUTED as of . as the LEA By: Name: Title: Bid Number: 40-PR12414580-537551829-NM Vendor: Ver: 11/2021 22 ACCEPTANCE CERTIFICATE DATE: _______________________ Re: Acceptance Certificate No. _______ to Master Facilitator Agreement (the “Agreement”), dated as of __________, made and entered into by and between the North Carolina State Board of Education (the “Board”) and _________ (the “CONTRACTOR”) and that certain Master Replacement Bus Financing Agreement executed by the Local Education Agency indicated below (the “LEA”) and CONTRACTOR (the “Financing Agreement”). Unless otherwise defined herein, all terms shall have the meaning ascribed thereto by the Agreement. Ladies and Gentlemen: Please refer to the above-described Agreement. In accordance with the terms of the Agreement, the LEA, together with the Department of Public Instruction (the “DPI”), acting on behalf of the Board, acting hereby, each certify and represent to, and agree with CONTRACTOR as follows: A. The Accepted Buses described on Attachment A hereto been inspected by the LEA and the DPI on behalf of the Board on or before the date hereof. B. The LEA and the DPI have conducted such inspection of the Accepted Buses as each deems necessary and appropriate and hereby respectively acknowledge that the Accepted Buses are acceptable to be included in the State of North Carolina’s bus fleet, effective the date hereof. C. The Accepted Buses described on Attachment A are insured pursuant to a program of self-insurance as provided by the Board. Department of Public Instruction As the LEA Signature: Signature: Name: Name: Title: Title: Date: Attachment A to the Acceptance Certificate relating to Appendix #____ to Master Replacement Bus Financing Agreement dated_____________________________, by and between Contractor and _____________________________________________________________________________.

116 W Jones St. 5106, Raleigh, NC 27603, USALocation

Address: 116 W Jones St. 5106, Raleigh, NC 27603, USA

Country : United StatesState : North Carolina

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