Project Manual-System Wide Replacement of Electrical Panels Unit Pricing

Rob Jackson, Ed.D., Superintendent Project Manual For System Wide - Replacement of Electrical Panels Unit Pricing RFP# 03-23 Bid Closing Date and Time: Wednesday, February 22, 2023, at 3:00 p.m. EST 175 Bingham Rd., Asheville, NC 28806 P: 828-255-5921 | F: 828-255-5923 buncombeschools.org Rob Jackson, Ed.D., Superintendent Table of Contents System Wide - Replacement of Electrical Panels Unit Pricing RFP# 03-23 Introduction Title Page Table of Contents Procurement Requirements and Forms Request for Proposal .................................................................................................. Pages 1-28 Contractor’s Sales Tax Report................................................................................. Pages 29-30 175 Bingham Rd., Asheville, NC 28806 P: 828-255-5921 | F: 828-255-5923 buncombeschools.org STATE OF NORTH CAROLINA STANDARD FORM OF INFORMAL CONTRACT AND GENERAL CONDITIONS FOR Buncombe County Schools Request for Proposal System Wide - Replacement of

Electrical Panels Unit Pricing RFP 03-23 Bid Issue Date: Wednesday, February 1, 2023 Bid Due Date: Wednesday, February 22, 2023 SCOPE OF WORK Work shall consist of furnishing all labor, taxes, materials, equipment, services, permits, incidental and implied, for the removal of the old electrical panels and replace with new panel or approved and listed retrofit as described in the specifications and scope of work for all Buncombe County Schools facilities – system wide. Price to be applicable for a term of (3) years. With the option for a yearly price adjustment when agreed upon by both parties. Buncombe County Schools reserves the right to reject any and all bids for any or no reason, and to waive informalities. PROPOSAL Proposals subject to the conditions made a part hereof will be received until Wednesday, February 22, 2023, at 3:00 p.m. EST for furnishing all labor, materials, equipment, permits, and services incidental and implied for completion of the system wide project described herein. PRE-BID MEETING A pred-bid meeting is not scheduled for RFP 03-23. PRE-BID MEETING LOCATION A pre-bid meeting is not scheduled for RFP 03-23. NOTICE TO BIDDERS Bids for this RFP must be received by one of the following options: Mail or Deliver to: Buncombe County Board of Education Attention: Purchasing Department 175 Bingham Road Asheville NC 28806 Please note on the envelope: Bid: RFP 03-23 Replacement of Electrical Panels Unit Pricing – System Wide Bid Closing Date: Wednesday, February 22, 2023 Your Contractor Name Here Your License Number Here Delivered bids will be accepted at the Buncombe County Board of Education using the Visitor Entrance only. Bids may be delivered Monday – Friday from 8:00 a.m. to 4:00 p.m. Bid proposals will not be accepted after 3:00 p.m. EST on the bid closing date. Email: askpurchasing@bcsemail.org Emailed bids will be received up to 3:00 PM, on Wednesday, February 22, 2023, and immediately thereafter opened and a bid tabulation prepared. Complete plans and specification and contract documents can be obtained from: Buncombe County Schools Purchasing Bids and Proposals website Contractors are hereby notified that they must have proper license under the State laws governing their respective trades and that North Carolina General Statute 87 will be observed in receiving and awarding contracts. General Contractors must have general license classification required to complete this project. No bid may be withdrawn after the opening of bids for a period of 30 days. The Owner reserves the right to reject any or all bids and waive informalities. Bids shall be made only on the BID/ACEPTANCE form provided herein with all blank spaces for bids properly filled in and all signatures properly executed. DIRECT RFP INQUIRES TO Contact Person Email (Preferred) Phone Gerald Isbouts, Project Manager gerardus.isbouts@bcsemail.org (828) 225-1108 Lisa Sharpe, Purchasing Manager lisa.sharpe@bcsemail.org (828) 255-5903 mailto:askpurchasing@bcsemail.org https://www.buncombeschools.org/o/bcs/page/bids-and-proposals The Procurement Process The following is a general description of the process by which a vendor will be selected to provide services. 1. Request for Proposal (RFP) is issued to prospective contractors. 2. All proposals must be received by Buncombe County Schools no later than the date and time specified on the RFP cover sheet. 3. At the specified date and time proposals will be opened and a bid tabulation will be completed. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness. Therefore, the recorded bid may not be an exact indicator of an offeror’s pricing position. Proposals are confidential until such time award has been made. At that time, the Purchasing Department will make the bid tabulation public by posting it to the Buncombe County School Purchasing Bids and Proposal website. 4. Proposals will be evaluated according to completeness, content, experience with similar projects, ability of the offeror and their staff, and cost. Award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous to Buncombe County Schools. 5. Offerors are cautioned that this is a request for offers, not a request to contract. Buncombe County Schools reserves the unqualified right to reject any and all offers when such rejection is deemed to be in its best interest. MINORITY BUSINESS PARTICIPATION REQUIREMENTS Provide with the bid - Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (Identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort. NOTE: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of Affidavit (A) required above. The MB Participation Form must still be submitted even if there is zero participation. After the bid opening - The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following: An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary; * OR * If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid. Buncombe County Schools Form of Proposal Replacement of Electrical Panels Unit Pricing – System Wide RFP 03-23 Due Date: Wednesday, February 22, 2023 The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder further declares that he and his subcontractors have fully complied with NCGS 64, Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j). The undersigned bidder proposes and agrees if this proposal is accepted to contract with Buncombe County Schools in the form of contract specified below, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the replacement of electrical panels unit pricing – system wide in full in complete accordance with the plans, specifications, and contract documents, to the full and entire satisfaction of Buncombe County Schools, with the definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and the contract documents, for the sum of: SINGLE PRIME CONTRACT: BASE BID DESCRIPTION: Remove and replace existing electrical panels with new or approved and listed retrofit panels as stated in the specifications. Prices shall include materials, labor, permits, and North Carolina sales tax (total of all item prices below and on the next pages). Base Bid: Dollars ($) General Subcontractor: Name License Number Plumbing Subcontractor: Name License Number Mechanical Subcontractor: Name License Number Electrical Subcontractor: Name License Number Subcontractors will not be used on this project. GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor. UNIT PRICES Unit prices quoted and accepted shall apply throughout the life of the contract (a term of three (3) years from the issuance of the original purchase order), except as otherwise specifically noted (an option for a yearly price adjustment, only if agreed to by both parties). Unit prices shall be applied, as appropriate, to compute the total value of changes in the base bid quantity of the work all in accordance with the contract documents. Unit prices to include all labor and taxes for each unit. Bid each of the panels as 42-space. Unit Price # 1 – Panel size 22” x 30” Surface Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 2 – Panel size 22” x 30” Flush Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 3 – Panel size 22” x 31” through 22” x 40” Surface Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 4 – Panel size 22” x 31” through 22” x 40” Flush Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 5 – Panel size 22” x 41” through 22” x 50” Surface Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 6 – Panel size 22” x 41” through 22” x 50” Flush Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 7 – Panel size 22” x 51” through 22” x 60” Surface Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Unit Price # 8 – Panel size 22” x 51” through 22” x 60” Flush Mounted: 120/208 – volt, 100 Amp. Dollars ($) 120/208 – volt, 200 Amp. Dollars ($) 120/208 – volt, 300 Amp. Dollars ($) 120/208 – volt, 400 Amp. Dollars ($) 277/480 – volt, 100 Amp. Dollars ($) 277/480 – volt, 200 Amp. Dollars ($) 277/480 – volt, 300 Amp. Dollars ($) 277/480 – volt, 400 Amp. Dollars ($) Addenda received: Addendum 1 Addendum 2 Addendum 3 Addendum 4 Addendum 5 Addendum 6 By submitting this proposal, the potential contractor certifies the following: 1) this proposal is signed by an authorized representative of the firm, 2) It can obtain and will submit to Buncombe County Schools insurance certificates as required, within 5 calendar days after the notice to award. 3) all taxes have been determined and are included in the proposed cost 4) the potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions. Contractor’s Name: Federal ID #: Address: City: State: Zip Code: Telephone Number: Fax Number: Email Address: Principal Place of Business if different from above: Printed Name: Title: Signature: Date: Attest: (Corporate Seal) By: License #: Title: (End of Proposal Form for RFP 03-23) GENERAL INFORMATION ON SUBMITTING PROPOSALS 1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting from this solicitation. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal. 2. CERTIFICATION: By executing the proposal, the signer certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity 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 that we are not an ineligible vendor as set forth in G.S. 143- 59.1. False certification is a Class I felony. 3. ORAL EXPLANATIONS: The State/Buncombe County Schools shall not be bound by oral explanations or instructions given at any time during the competitive process or after award. 4. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be evaluated; reference to information previously submitted shall not be evaluated. 5. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. It is desirable that all responses meet the following requirements: ● All copies are printed double sided. ● All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response. ● Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non-re- usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three- ringed binders, glued materials, paper clips, and staples are acceptable. ● Materials should be submitted in a format which allows for easy removal and recycling of paper materials. 6. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the offerors' sole responsibility; the State of North Carolina/Buncombe County Schools will not reimburse any offeror for any costs incurred. 7. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of 45 days. Although the contract is expected to be awarded prior to that time, the 45-day period is requested to allow for unforeseen delays. 8. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect. 9. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the offeror agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Offerors not in compliance with this provision may be disqualified, at the option of the State/Buncombe County Schools, from contract award. Only discussions authorized by the issuing agency are exempt from this provision. 10. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors shall become the property of the State/Buncombe County Schools when received. 11. OFFEROR’S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 12. SUBCONTRACTING: Offerors may propose to subcontract portions of the work provided that their proposals clearly indicate what work they plan to subcontract and to whom and that all information required about the prime contractor is also included for each proposed subcontractor. 13. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror does not wish disclosed to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law. 14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, Buncombe County Schools 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. The Contractor agrees in particular to maintain open hiring and employment practices and to receive applications for employment in compliance with all requirements of applicable federal, state and local laws and regulations issued pursuant thereto relating to nondiscriminatory hiring and employment practices. Each Prime Contractor shall undertake an affirmative action program to ensure that no person shall be excluded from participation in any employment activities because of age, sex, race, religion, color, national origin or handicap. 15. PROTEST PROCEDURES: If an offeror wants to protest a contract awarded pursuant to this solicitation, they must submit a written request to the Purchasing Officer, Buncombe County Schools, 175 Bingham Road, Asheville, NC 28806. This request must be received by the Purchasing Division within thirty (30) consecutive calendar days from the date of the contract award and must contain specific sound reasons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Contract status and award notices are available through the purchasing division or the project designer with contact information as shown on the first page of this solicitation. Offerors may call to obtain a verbal status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. 16. TABULATIONS: Offerors may visit the Buncombe County Schools website for bid tab details at www.buncombeschools.org/purchasing. 17. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System. Online registration and other purchasing information are available on the Internet web site: http://www.state.nc.us/pandc/. 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 offerors. The “Principal Place of Business” is defined as the principal place from which the trade or business of the offeror is directed or managed. http://www.buncombeschools.org/purchasing http://www.buncombeschools.org/purchasing http://www.state.nc.us/pandc/ NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS (Contractual and Consultant Services) 1. SITUS AND GOVERNING LAWS: a) This Contract is made under and shall be governed by and construed in accordance with the laws of the State of North Carolina, including, without limitation, the relevant provisions of G.S. Chapter 143, Article 3, and the Rules in 01 NCAC Chapter 05, and any applicable successor provisions, without regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract, tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined. G.S. 22B-3. b) Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with the Contract, including those of federal, state, and local agencies having jurisdiction and/or authority, and including, without limitation, the applicable requirements in the Federal Funds Provisions, below. c) Non-resident Vendor corporations not formed under NC law must be domesticated in the Office of the NC Secretary of State in order to contract with the State of North Carolina. G.S. 55A-15- 01. 2. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of or have any individual contractual relationship with the Agency. 3. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the Agency’s Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor’s proposal. 4. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be subcontracted without prior written approval of the Agency’s Contract Administrator/Project Designer. Acceptance of an offeror’s proposal shall include any subcontractor(s) specified therein. 5. PERFORMANCE: a) It is anticipated that the tasks and duties undertaken by the Vendor under the contract which results from the State/Buncombe County Schools solicitation in this matter (Contract) shall include Services, and/or the manufacturing, furnishing, or development of goods and other tangible features or components, as deliverables. b) Except as provided herein, and unless otherwise mutually agreed in writing prior to award, any deliverables not subject to an agreed Vendor license and provided by Vendor in performance of this Contract shall be and remain property of the State/Buncombe County Schools. During performance, Vendor may provide proprietary components as part of the deliverables that are identified in this Contract. Vendor grants the State/Buncombe County Schools a personal, permanent, non-transferable license to use such proprietary components of the deliverables and other functionalities, as provided under this Contract. Any technical and business information owned by Vendor or its suppliers or licensors made accessible or furnished to the State/Buncombe County Schools shall be and remain the property of the Vendor or such other party, respectively. Vendor agrees to perform under the Contract in at least the same or similar manner provided to comparable users and customers. The State/Buncombe County Schools shall notify the Vendor of any defects or deficiencies in performance or failure of deliverables to conform to the standards and specifications provided in this Contract. Vendor agrees to timely remedy defective performance or any nonconforming deliverables on its own or upon such notice provided by the State/Buncombe County Schools. c) Vendor has a limited, non-exclusive license to access and use State Data provided to Vendor, but solely for performing its obligations under and during this Agreement and in confidence as further provided for herein or by law. d) Vendor or its suppliers, as specified and agreed in the Contract, shall provide support assistance to the State/Buncombe County Schools related to all Services performed or other deliverables procured hereunder during the State’s/Buncombe County Schools’ normal business hours. Vendor warrants that its support, customer service, and assistance will be performed at a minimum in accordance with generally accepted and applicable industry standards. e) The State/Buncombe County Schools may document and take into account in awarding or renewing future procurement contracts the general reputation, performance and performance capabilities of the Vendor under this Contract as provided by G.S. 143-52 and 143-135.9 (a) and (b) (Best Value). 6. DEFAULT AND TERMINATION: a) In the event of default by the Vendor, the State/Buncombe County Schools may, as provided by NC law, procure goods and services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. See, G.S. 25-2-712. In addition, and in the event of default by the Vendor under the Contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State/Buncombe County Schools may immediately cease doing business with the Vendor, terminate the Contract for cause, and take action to recover relevant damages, and if permitted by applicable law, debar the Vendor from doing future business with the State/Buncombe County Schools. 01 NCAC 05B.1520. b) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under the Contract, including, without limitation, in these North Carolina General Terms and Conditions, the State/Buncombe County Schools shall have the right to terminate the Contract by giving thirty days written notice to the Vendor and specifying the effective date thereof. In that event, any or all finished or unfinished deliverables that are prepared by the Vendor under the Contract shall, at the option of the State/Buncombe County Schools, become the property of the State/Buncombe County Schools (and under any applicable Vendor license to the extent necessary for the State/Buncombe County Schools to use such property), and the Vendor shall be entitled to receive just and equitable compensation for any acceptable deliverable completed (or partially completed at the State’s/Buncombe County Schools’ option) as to which such option is exercised. Notwithstanding, Vendor shall not be relieved of liability to the State/Buncombe County Schools for damages sustained by the State/Buncombe County Schools by virtue of any breach of the Contract, and the State/Buncombe County Schools may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State/Buncombe County Schools from such breach can be determined. The State/Buncombe County Schools, if insecure as to receiving proper performance or provision of goods deliverables, or if documented Vendor Services performance issues exist, under this Contract, may require at any time a performance bond or other alternative performance guarantees from a Vendor without expense to the State/Buncombe County Schools as provided by applicable law. G.S. 143-52(a); 01 NCAC 05B.1521; G.S. 25-2- 609. c) If this Contract contemplates deliveries or performance over a period of time, the State/Buncombe County Schools may terminate this Contract for convenience at any time by providing 60 days’ notice in writing from the State/Buncombe County Schools to the Vendor. In that event, any or all finished or unfinished deliverables prepared by the Vendor under this Contract shall, at the option of the State/Buncombe County Schools, become its property, and under any applicable Vendor license to the extent necessary for the State to use such property. If the Contract is terminated by the State/Buncombe County Schools for convenience, the State/Buncombe County Schools shall pay for those items or Services for which such option is exercised, less any payment or compensation previously made. 7. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the Agency for the purpose set forth in this agreement. 8. CONFIDENTIALITY: Vendor information that cannot be shown to be, e.g., a trade secret, may be subject to public disclosure under the terms of the State Public Records Act (SPRA), beginning at G.S. 132.1. Blanket assertions of confidentiality are not favored, but confidentiality of specific material meeting one or more exceptions in the SPRA will be honored. Vendors are notified that if the confidentiality of material is challenged by other parties, the Vendor has the responsibility of defending the assertion of confidentiality. G.S. 143-52(a). 9. CARE OF PROPERTY: Any State/Buncombe County Schools property, information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under the Contract shall be kept as confidential, used only for the purpose(s) required to perform the Contract and not divulged or made available to any individual or organization without the prior written approval of the State/Buncombe County Schools. The State’s/Buncombe County Schools’ data and property in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage, destruction by a natural event or another eventuality. The Vendor agrees to reimburse the State/Buncombe County Schools for loss or damage of State/Buncombe County Schools property while in Vendor’s custody. Such State/Buncombe County Schools data shall be returned to the State/Buncombe County Schools in a form acceptable to the State/Buncombe County Schools upon the termination or expiration of this Agreement. The Vendor shall notify the State/Buncombe County Schools of any security breaches within 24 hours as required by G.S. 143B-1379. For further information, see, G.S. 75-60 et seq. Notice is given to the Vendor that the NC Department of Information Technology (DIT) has requirements relating to the security of the State/Buncombe County Schools network, and rules relating to the use of the State/Buncombe County Schools network, IT software and equipment, that the Vendor must comply with, as applicable. See, e.g., G.S. 143B- 1376. 10. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Contractor. 11. ACCESS TO PERSONS AND RECORDS: During, and after the term hereof during the relevant period required for retention of records by State law (G.S. 121-5, 132-1 et seq., typically five years), the State Auditor and any Purchasing Agency’s internal auditors shall have access to persons and records related to the Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). However, if any audit, litigation or other action arising out of or related in any way to this project is commenced before the end of the such retention of records period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the record retentions period, whichever is later. 12. 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 issuing purchasing authority, the State/Buncombe County Schools may: a. Forward the contractor’s payment check(s) directly to any person or entity designated by the Contractor, or b. Include any person or entity designated by Contractor as a joint payee on the Contractor’s payment check(s). In no event shall such approval and action obligate the State/Buncombe County Schools to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. 13. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements (permits) that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 14. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability. 15. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: 1. Workers’ Compensation shall be maintained with at least the minimum statutory limits, including Employer’s Liability with limits of at least $1,000,000.00 2. Employer’s Liability shall be maintained with at least limits of $100,000 each accident; $100,000 disease, each employee, and $100,000 disease, policy limit. 3. Commercial General Liability shall be maintained with at least the following minimum limits with the policy and the Certificate of Insurance indicating that the coverage is written on a “project” basis: a) $1,000,000 Bodily Injury and Property Damage for each occurrence b) $100,000 Fire Damage c) $10,000 Medical Expenses any one person d) $1,000,000 Personal and Advertising Injury e) $1,000,000 Products/Completed Operations Aggregate f) $2,000,000 General Aggregate List the Owner (including its officers, agents and employees) as an additional insured on the policy as evidenced by a policy endorsement. Coverage shall include, but not be limited to, the following supplementary coverages: Contractual Liability to cover liability assumed under this Agreement, Product and Completed Operations Liability insurance, Broad Form Property Damage Liability insurance, and Independent Contractors. Such policy shall include all of the coverages, which may be included in coverages A, B, and C contained in the Commercial General Liability Policy, without deletion. Such policy must be issued on an "occurrence" basis, as distinguished from a "claims made" basis. Completed Operations shall extend six (6) years after final payment If the CONTRACTOR has design responsibility, endorsement CG22 80 and DIC for contractors’ professional liability is required unless waived by the Owner. 4. Automobile Liability – Including Hired-Auto and Non-Owned Auto shall be maintained with at least a Minimum Combined Single Limit of $1,000,000 per occurrence. 5. For Contractors with remediation or abatement responsibilities, Contractors shall carry Contractor’s Pollution Liability Coverage. Coverage must be sudden and non-sudden, and include: Bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death; Property damage, including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; and Defense, including costs, charges, and expenses incurred in the investigation, adjustment, or defense of claims for such compensatory damages. List the Owner (including its officers, agents and employees) as an additional insured on the policy as evidenced by a policy endorsement. The Owner must be named as Additional Insured, and a Non-Owned Disposal Site Endorsement must be provided, scheduling the appropriate landfill. Minimum CPL limits of coverage shall be: a) $1,000,000 Per Loss b) $2,000,000 All Losses Umbrella Liability shall be maintained with the following minimum limits: a) $5,000,000 Per Occurrence b) $5,000,000 Aggregate 6. Builder’s Risk Insurance: If requested by the Owner, the CONTRACTOR shall be responsible for purchasing and maintaining insurance satisfactory to the Owner to protect the Project from perils of physical loss. The Owner shall receive copies of the builder’s risk insurance policies that satisfy this Article. The CONTRACTOR shall be responsible for any deductibles associated with this coverage. The builder’s risk insurance shall provide for the cost of replacement of the Work at the time of any loss. The insurance shall include as additional insureds the Owner, the CONTRACTOR, the Contractors and their subcontractors and shall insure against the loss from the perils of fire and all risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, terrorism, transit, flood, mold, earthquake, testing, or damages resulting from defective design, negligent workmanship or defective material. The CONTRACTOR shall obtain approval from the Owner before increasing any coverage due to increases in construction costs. See the Supplementary General Conditions § 9.3.2 regarding CONTRACTOR’s responsibilities for materials stored off-site. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. The Contractor shall furnish a Certificate of Insurance as proof of the above coverages. Certificate will contain provision that the insurance coverages cannot be canceled, reduced in amount or coverage eliminated without 30 days written notice to the Buncombe County Board of Education. Owner’s Protective insurance must list the Buncombe County Board of Education as the Certificate Holder and as “additional insured” as it’s interest may appear. Owner’s approval of Certificate of Insurance does not decrease or relieve the contractor’s responsibility for maintaining insurance coverage as required in this Request for Proposal 16. ADVERTISING: Contractor agrees not to use the existence of this contract, the name of the agency, or the name of the State of North Carolina as part of any commercial advertising. 17. ENTIRE AGREEMENT: The Contract (including any documents mutually incorporated specifically therein) resulting from a relevant solicitation represents the entire agreement between the parties and supersedes all prior oral or written statements or agreements. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 18. AMENDMENTS: This contract may be amended only by written amendments duly executed by the Agency and the Contractor. 19. TAXES: G.S. 143-59.1 bars the Secretary of Administration 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. 20. GENERAL INDEMNITY: a) The Vendor shall indemnify, defend and hold and save the State/Buncombe County Schools, 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 the Contract, and also from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of the Contract that are attributable to the negligence or intentionally tortious acts of the Vendor, provided that the Vendor is notified in writing within 30 days from the date that the State/Buncombe County Schools has knowledge of such claims. b) The Vendor, at its own expense shall defend any action brought against the State/Buncombe County Schools, under this section. The Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that the State/Buncombe County Schools shall have the option to participate in such action at its own expense. c) The Vendor represents and warrants that it shall make no claim of any kind or nature against the State’s/Buncombe County Schools’ agents who are involved in the delivery or processing of Vendor deliverables or Services as part of this Contract with the State/Buncombe County Schools. d) As part of this provision for General indemnity, if federal funds are involved in this procurement, the Vendor warrants that it will comply with all relevant and applicable federal requirements and laws, and will indemnify, defend and hold and save the State/Buncombe County Schools harmless from any claims or losses resulting to the State/Buncombe County Schools from the Vendor’s noncompliance with such federal requirements or law in the performance of this Contract. The representations and warranties in the preceding two sentences shall survive the termination or expiration of the Contract. e) The State/Buncombe County Schools does not participate in indemnification due to Constitutional restrictions, or arbitration, which effectively and unacceptably waives jury trial. See, G.S. 22B-3, -10. Replace Electrical Panels Unit Pricing – System Wide RFP # 03-23 Project Description: Furnish all labor, materials, equipment, permits and services incidental and implied for the removal of the old electrical panels and replace with a new panel or approved and listed retrofit as described in the specifications and scope of work, for all Buncombe County Schools facilities system wide. Unit prices quoted and accepted shall apply throughout the life of the contract (a term of three (3) years from the issuance of the original purchase order), except as otherwise specifically noted (an option for a yearly price adjustment, only if agreed to by both parties). Pre-bid Meeting: A pre-bid meeting is not scheduled for RFP 03-23. Scope of Work: Work shall consist of furnishing all labor, materials, equipment, permits, and services, incidental and implied, for the completion of work as described herein. All items not specifically mentioned in the specifications, but which obviously are required to make the job complete, shall be included automatically. Specifications: • All panels shall comply with the requirements of NFPA 70 + 70E, national electrical code. (Including labeling: Panel ID, Voltage, Amp., Etc.) • Labels shall be visible when approaching panel. • Panel legend shall be updated to accurately show circuit, to satisfy 2020 Electrical code (i.e., Receptable. Room 301 north wall). • All panels shall have hinged front cover for easy access. • The Panels shall be manufactured by Siemens, Square D, or Cutler Hammer. Other manufactures only after a Buncombe County Schools review and acceptable. End of Specifications SUPPLEMENTARY GENERAL CONDITIONS QUALIFICATIONS All bidders are required to possess the required licenses to perform this project. Contractors are to include a copy of these licenses with their bid package, which should include any licensing as required by specifications provided. CONTRACTOR’S RESPONSBILITY The Contractor shall be responsible for the construction site during the performance of the work. The Contractor shall be responsible for all damages to persons and property during the performance of work and shall further provide all necessary safety measures and shall fully comply with all federal state and local laws, building rules, and regulations to prevent accidents or injury to persons or property on or about the location of the work site. This is to include OSHA 1910, General Construction, or those regulations mandated by these specifications. Special attention shall be made to proper barricading of the work area. SAFETY REGULATIONS The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume39, Number 122, Part II, June 24, 1974 Federal Register) which is hereby incorporated in these specifications. ELECTRICAL CODES All work shall be performed in accordance with the specifications and shall comply with North Carolina Building Code, National Electrical Code Underwriters' Rules and Regulations and Federal, State and Local Regulations covering work of this nature. Whenever specifications are more than such laws, codes and regulations, the specifications shall hold. All equipment shall have U. L. labels attached. PERMITS The Contractor shall hold the appropriate license for work to be performed and shall secure all permits required for the job completion, obtain and deliver to Owner, all certification of inspection issued by the authorities having jurisdiction. Contractor is responsible for paying all costs associated with Buncombe County building permits. All final certificates must be delivered to owner prior to request for final payment. SCHOOL SECURITY AND ACCESS Security, safety and protection of the instructional environment are priority concerns of Buncombe County Schools. The Contractor shall confine activities to the work area and shall not engage or interact with students, teachers or staff that is not designated as contact personnel. The Contractor shall screen all employees on-site; and, at the request of the Owner, provide documentation that employees and subcontractors meet standards. The Owner, school staff and Contractor shall designate contact personnel and Provide contact information to assist in the resolution of any logistical or safety issues beforehand, or that may arise during construction. CONTRACT TERM Unit prices quoted and accepted shall apply throughout the life of the contract (a term of three (3) years from the issuance of the original purchase order), except as otherwise specifically noted (an option for a yearly price adjustment, only if agreed to by both parties). Unit prices shall be applied, as appropriate, to compute the total value of changes in the base bid quantity of the work all in accordance with the contract documents. RESPONSE TIME The contractor shall respond to BCS by answering or returning call and/or email within 2 workdays. Subsequently visiting and/or pricing the specific project proposal within 2 weeks of initial notification of the project. Failure to respond to a project notification by BCS to conduct a site visit or to submit a project proposal within the time frame referenced above, unless an extension is approved in advance by BCS, more than 3 times during the course of a school year shall be grounds for termination of this contract. The contractor shall complete the project within the pre-determined time allowed from issuance of purchase order by BCS. Failure to complete a project within the time allotted, unless an extension is approved in advance by BCS, more than 3 times during a school year can be grounds for termination of this contract. SCHEDULING The Contractor must submit a precise time schedule as to when specific work will occur in specific areas within or outside the building. This will be used to coordinate the work with the occupants of the building. The Maintenance Supervisor, Project Manager, and/or Principal may alter the schedule at any time to maintain the work process within the facility. Work must be scheduled during hours that are acceptable to each school. Buncombe County Schools shall not incur any additional cost due to scheduling. All work must be scheduled to avoid conflict with classroom instruction times. Completion to be determined, depending on equipment lead times. All permits and inspections will be the responsibility of the contractor, and copies of permits and final inspection will be submitted to Buncombe County Schools prior to final payment. WORKERS ON THE JOB All employees of the Contractor shall, while on Buncombe County Schools property, act in a professional and courteous manner. All workers shall be expected to wear long pants and shirts while on Buncombe County Schools property. Also, all employees of the Contractor must "sign in" in the main office upon entering the facility and must "sign out" upon leaving the property. Any employee of the Contractor may be told to leave the property by either the Principal or the Project Manager, if they do not follow the above procedure. The employee shall be replaced with another at no additional cost to Buncombe County Schools. In accordance with G.S. 14-208.18, all persons who (1) are required to register under the Sex Offender and Public Protection Program AND (2) have been convicted of certain sexually violent offenses or any offense where the victim was under the age of 16 years at the time of the offense are expressly forbidden to knowingly be present on any property owned or operated by the school system, including school buildings, athletic fields, playgrounds, parking lots, school buses, activity buses or other property of any kind for any reason, including attendance at sporting events or other school related functions, whether before, during or after school hours. It is the responsibility of the Contractor or vendor that their employees and sub-contractors are in accordance with G.S. 14-208.18. CRIMINAL BACKGROUND CHECKS At a minimum, the contractor shall obtain a complete North Carolina statewide criminal background investigation for all employees and subcontractors who will work on this project, covering a period for the last seven (7) years. If the contractor or subcontractor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the contractor. Each prime contractor will be responsible for their employees and all their subcontractors working under them. Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property: 1. Child molestation or abuse or indecent liberties with a child 2. Rape 3. Any sexually oriented crime 4. Drugs: Felony use, possession or distribution 5. Murder, manslaughter or other death related charge; or 6. Assault with a deadly weapon or assault with intent to kill. Buncombe County Schools, may, at any time, request verification of criminal background investigation for any employee or subcontractor on school property. E-VERIFY Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. §64-25 et seq. In addition, to the best of Contractor’s knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. §64-25 et seq. IRAN DIVESTMENT ACT North Carolina Local Government Units may not enter into contracts with any entity or individual found on the State Treasurer’s Iran Final Divestment List N.C.G.S. 143C-6A. By bidding on this project, the bidder certifies it is not listed on the Final Divestment List created by the State Treasurer. EQUIPMENT AND TOOLS The Contractor shall not use equipment or tools that are owned by Buncombe County Schools. Also, employees of the Buncombe County Schools shall not be utilized by the Contractor except for opening locked doors and giving directions. MATERIALS All materials stored on site must be stored in a safe and secure manner that does not interfere with the school’s daily operation. Buncombe County Schools is not responsible for any materials, equipment or tools lost or stolen from the site. CLEAN UP The area of work shall be cleaned daily so that Buncombe County Schools shall not incur any additional costs to make the area suitable for the work process. Also, the Contractor shall utilize no trash receptacles or dumpsters owned by Buncombe County Schools. All trash and removed materials shall be properly disposed of off the property. Onsite dumpsters shall not be used. CHANGES DURING PROJECT Changes during the project shall only be made by written direction signed by the owner. No additional cost to the contract shall be allowed unless accepted in writing by the owner before work has begun. PAYMENT AND INVOICES Payment in full when a project is completed and passed inspection by the AHJ and BCSM electrical supervisor. Documents required with the first invoice: 1. Copy of Permit 2. Notarized Contractors sales and use tax report (with each invoice) 3. Final documents required: 1. Letter to the project manager from contractor which states all work is completed and payment is desired. 2. Delivery to owner, copies of all permits, certifications or inspection issued by the authorities having jurisdiction. Invoices shall be emailed to gerardus.isbouts@bcsemail.org and/or jamie.messer@bcsemail.org PRICE ADJUSTEMENTS (Term Contracts Only) Any price changes, downwards 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 the other customers. a. Notification: Must be given to Buncombe County Schools, 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: Buncombe County Schools shall receive full proportionate benefit immediately at any time during the contract. c. Increases: Consumer Price Index (CPI): Contract prices for equipment and/or service will remain firm through June 30, 2024. Contractors must request price adjustments, in writing, 30 days prior to the renewal date. If a contractor fails to request CPI price adjustment 30 days prior to the adjustment date, the adjustment will be effective 30 days after Buncombe County Schools receives their written request. Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all urban consumers, all items, southern region. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base yearly average (July through June beginning the school year 2023-2024), and each School year thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. All bidders will be capped with a 3% maximum price increase. d. 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. CERTIFICATION By executing this proposal, the signer certifies that his proposal is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unicorporated 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 that they are not an ineligible vendor as set forth in G.S. 143.59.1. False certification is a Class I felony. ORAL EXPLANATION Buncombe County Schools shall not be bound by oral explanations or instructions given at any time during the competitive process or after bid award. REFERENCE TO OTHER DATA Only information which is received in response to this request for proposal will be evaluated, reference to information previously submitted shall not be evaluated. ELABORATE PROPOSALS Elaborate proposals in the form of brochures or other presentation beyond that necessary to present a complete and effective proposal are not desired. Buncombe County Schools supports sustainability efforts. Effort should be made to submit proposals using double sided copies and recycled paper when possible. COST FOR PROSAL PREPERATION Any costs incurred by offerors in preparing or submitting offers are the offeror’s sole responsibility. mailto:gerardus.isbouts@bcsemail.org TIME FOR ACCEPTANCE Each proposal shall state that it is a firm offer which may be accepted within a period of 45 days. Although the contract is expected to be awarded prior to that time, the 45 day period is requested to allow for unforeseen delays. TITLES Titles and headings in this RFP and any subsequent contract for convenience only and shall have no binding force or effect. CONFIDENTIALITY OF PROPOSALS In submitting its proposal the offeror agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Offerors no in compliance with the provision may be disqualified, at the option of Buncombe County Schools from contract award. Only discussions authorized by the issuing agency are exempt from this provision. RIGHT TO SUBMITTED MATERIAL All responses, inquiries, or correspondences relating to or in reference to this request for proposal and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offeror shall become property of Buncombe County Schools when received. PROPRIETORY INFORMATION Trade secrets or similar proprietary data which the offeror does not wish disclosed to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL”. Any section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information may be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law. PROTEST PROCEDURES If an offeror wants to protest a contract awarded pursuant to this solicitation, they must submit a written request to the Purchasing Officer, Buncombe County Schools, 175 Bingham Road, Asheville, NC 28806. This request must be received by the Purchasing Division within thirty (30) consecutive calendar days from the date of the contract award and must contain specific sound reasons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Contract status and award notices are available through the purchasing division or the project designer with contact information as shown on the first page of this solicitation. Offerors may call to obtain a verbal status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. TABULATIONS Offerors may visit Buncombe County Schools website for bid tabulation details at https://www.buncombeschools.org/o/bcs/page/bids-and-proposals MINORITY BUSINESS PARTICIPATION Pursuant to General Statute 143-48 and Executive Order #150, Buncombe County Schools invites and encourages participation by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. The Contractor agrees in particular to maintain open hiring and employment practices and to receive applications for employment in compliance with all requirement of applicable federal, state, and local laws and regulations issued pursuant thereto relating to nondiscriminatory hiring and employment practices. Each Prime Contractor shall undertake an affirmative action program to ensure that no person shall be excluded from participation in any employment activities because of age, sex, race, religion, color, national origin, or handicap. PERFORMANCE OF WORK All work shall be performed at the highest level of quality. The Owner shall be responsible for determining the quality of work and may notify the Contractor of same. ANY WORK COMPLETED THAT IS NOT SUITABLE TO THE OWNER SHALL BE REPEATED BY THE CONTRACTOR AT NO COST TO THE OWNER. Any damage to existing area or utilities will be the responsibility of the Contractor. NO EXCEPTIONS. BCS shall only be billed for the initial inspection. All re-inspections due to failed inspections shall be paid for by contractor. The owner can ask the contractor to give a project quote/estimate for a project based on contract prices. This estimate will be binding. WARRANTY All labor, material and equipment shall be warranted for one (1) year from issuance of inspection. Contractor must adhere to the guidelines within these specifications, failure to do so will result in default of payment by Buncombe County Schools and/or cancelation of this contract. Buncombe County Schools reserves the right to reject any or all bids for any or no reason. End of RFP 03-23