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Purchasing Regulations and Guidelines

DURHAM PUBLIC SCHOOLS PURCHASING REGULATIONS

 

These regulations are intended to be an aid to those involved in purchasing.  Observance of the regulations will help to accomplish the following:

 

1.   Comply with good business practices as established by auditors;

2.   Control expenditures in each account; and,

3.   Standardize purchasing practices.

 

Purchases less than $2,500.00

 

The purchase of items not on State Term Contract and totaling less than $2,500.00 may be made without acquiring competitive quotations.  However, it is important to keep in mind that this procedure is not to be used to circumvent normal purchasing practices.   This procedure may be used to obtain small quantities of items not available under existing contracts, to buy limited quantities where the normal method would result in excessive cost in relation to the value of the material, or to buy several inexpensive items.  If such purchases are of a recurring nature, a discount schedule, special price arrangements negotiated with one or more vendors, or consideration given to the issuance of a blanket purchase order to one or more vendors would be in order.  It is also important that fair and open competition be maintained when making small purchases.  It is recommended that competitive bids be acquired with any significant purchase.  The $2,500.00 limit applies to the total cost rather than for any single item.  Orders cannot be separated into smaller orders to circumvent this provision.

 

Competitive Quotations - Purchases between $2,500.00 and $5,000.00

 

Requirements for items not on State Contract that total between $2,500.00 and $5,000.00, must be purchased by use of the bid method.  Telephone quotations are described as informal bids and are acceptable for purchases up to $5,000.00 if documented in writing and placed on the informal bid form.  Purchases above $5,000.00 require at least three written bids from vendors.

 

The general practice of this school system is to request quotations in writing.  Quotations should be requested from several sources with the minimum number being three.  Fair and open competition shall be maintained in seeking competitive bids. Indication of Bid Number assigned by the Purchasing Department should appear in the appropriate area on requisitions when submitting to Purchasing or when entering your own purchase orders.

 

 

 

Specifications

 

A purchase  specification  is  restrictive  in  that  it  sets  limits  on  what  is  acceptable. Specifications must not be unreasonably restrictive, as this will eliminate competition. Usually, more than one make or brand of a particular item is satisfactory.  In developing specifications, an attempt must be made to specify a quality that is suitable for the intended use, not seeking the most expensive nor the least expensive and not restricting beyond what is reasonable.  Public funds are not appropriated to provide “deluxe” or luxurious levels of quality.  Emphasis on performance, function, utility, economy and quality for price should be the direction of specifications.

 

 

 

 

 

 

 

Purchase Order Requirements

It is necessary that a purchase order be obtained before any purchase is made if payment for that purchase is to be handled by the Finance Department.  Purchases, which do not comply with this regulation, are unauthorized and must be paid for by the individual or by the school placing the order.  Persons not acquiring purchase orders and making charges to the Durham Public Schools will be personally responsible to the vendor for payment.   No sale is authorized to the Durham Public School System without a purchase order number.

 

 

Quick summary of when bids are required

Purchases less than $2500. & not on state contract*

No bid required

Purchases $2500. - $5000. & not on state contract*

3 informal bids (telephone) – use informal bid form

Purchases $5000. - $10,000. & not on state contract*

At least 3 documented bid (in writing)

Purchases $10,000 to <$90,000 & not on state

contract*

Three (3) formal competitive bids, contact Purchasing for assistance with posting bids per your specifications.

Purchases >/= $90,000. & not on state contract*

At least three (3) formal competitive bids, contact Purchasing for assistance with posting bids per your specifications.  Requires Board approval and bids

*Just because a vendor is on e-procurement does not mean it is on state contract!

 

Guidelines for Federal Funds/Grants

 

Purchases less than 2500. & not on state contract*

No bid required

Purchases $2500. - $5000.

3 informal bids 

Purchases $5000. and above

Post bids on IPS (Interactive Purchasing System, some funds/grants may also require notice to be posted on DPS (Durham Public Schools) websites and/or in the newspaper for 10 days

Purchases >/= $90,000.

Requires Board of Education approval after bid process has been completed

**Intent to Sole Source (no other vendor has product/or service)

Post notice of Intent to Sole Source on IPS, some funds/grants may also require notice to be posted on DPS website and posted in the newspaper for 10 days **use Intent to Sole Source form

**contact Purchasing for Request for Proposal (RFP) or Intent to Sole Source forms

 

Race to the Top (RttT) and American Recovery and Reinvestment Act (ARRA) Follow same rules as above.  Quick summary of when bids are required when using RttT and ARRA funds.

Purchases less than $2500.

No bid required

Purchases $2500. - $5000.

3 informal bids

Purchases $5000. and above

Post bids on IPS, DPS websites and in newspaper for 10 days

Purchases $90,000.

Requires Board of Education approval after bid process has been completed

Intent to sole source

Post notice of intent to sole source on IPS, DPS websites and in newspaper for 10 days**

**Intent to sole source form (attached) must be posted in notice

 

 

 

 

 

Instructions on filling out Request for Proposal (RFP) (only fill in areas highlighted in yellow)

 

 

 

Print name

Sign name

Phone/ext

School/Dept.

Vendor name

1.

 

 

 

 

 

2.

 

 

 

 

 

3.

 

 

 

 

 

4.

 

 

 

 

 

5.

 

 

 

 

 

6.

 

 

 

 

 

 

 

 

 

 

 

 

Vendor Name

Vendor address

Vendor phone

Total bid before tax

comments

1.

 

 

 

 

 

2.

 

 

 

 

 

3.

 

 

 

 

 

4.

 

 

 

 

 

5.

 

 

 

 

 

6.

 

 

 

 

 

principal/RCC manager

name and title of principal or manager

number 2

contact information

your name, phone number and email address

number 3

vendor information

name and address of vendor

number 4

description of product/service

a complete description of the product/service you intend to award the vendor mentioned above

Durham Public Schools

your school/dept along with your address, city state and zip

 

Direct all inquires concerning this RFP to:

your name and phone number

 

All questions must be submitted via email no later than noon on

this date is for all questions to be submitted from vendors concerning the bid; a good day to use is approximately 5 days after the bid is to be posted (when a vendor asks a question write it down along with the answer and submit all questions and answers electronically in a word document to purchasing for posting be sure to include the bid number (submit this information after date specified so that one posting will be placed)

 

E-Mail and Fax #

your email address and your fax number

Section #2

Invitation for Bid No.

purchasing will fill out this field

 

Bids opening DATE:

this is the date you will be opening your bid please allow approximately 14 days (2 full weeks) for this date to allow us enough time to post the bid

 

Contract type:

already marked as (DO NOTHING)

 

Local/state/federal funds

Type of Fund

mark which funding you will be using

example of type of funding is RttT for Race to the Top or ARRA or SIG and so on

 

Commodity Code

place the correct commodity code here

 

Agency requisition no.

DO NOTHING

Section #3

Sealed proposals….will be received until

____am/pm (this should be the time of the bid opening be sure to mark am or pm)

 

 

On

Monday – Friday (key the day of the week)

 

On…

date of bid opening should be same as above

Section #4

Delivered by US Postal Service  

type in your school/department address along with city state and zip of where the bid will be publically opened

 

 

 

Section #5

Delivered by any other means

this is an address where bids can be hand carried

Section #6

Introduction:

brief explanation of what you are planning to purchase

Section #7

Furnish & Deliver

how and where you want your product delivered along with any instructions (ex. Inside delivery or set up to be included)

Section #8

Proposal/Description

your product along with a complete description and possible quantity (when a quantity is listed leave room for the vendors to list their pricing for each item)

 

 

 

 

**Attached is an unexecuted request for proposal as an example.

 

**Solicitation Number ________________________                                                Bidder: _________________________

Durham Public Schools

1                  Durham Public Schools

Location

Address

                         City State and Zip            

2 

INVITATION FOR BIDS NO:

_____________________________________________

Bid Opening DATE: _______________                

Direct all inquiries concerning this RFP to:

Durham Public Schools

Attn:  _________________________

 

All questions must be submitted via email or fax no later than _________am/pm Monday-Friday on

 ________________________ 

Contract Type:  Open Market, Purchase using:

Local Funds _______

State Funds _______

Federal Funds ______

        Type of Fund _____________________

(example of type of fund – RttT for Race to the Top or ARRA funds or SIG and so on)

Commodity Code: ____________________

Email: _______________________________

Fax # ________________________

Using Agency Name:  Durham Public Schools

Bids will be publicly opened on: _______________________  

NOTE:  Questions concerning the specifications in this Request for Proposals will be received until date and time listed above.  ALL QUESTIONS MUST BE SUMITTED IN WRITING, EITHER BY EMAIL OR FAX, TO THE ADDRESS OR FAX NUMBER LISTED ABOVE.  NO QUESTIONS will be received by telephone.  Questions received after the date and time listed above will not be considered.  A summary of all questions and answers will be posted on the Interactive Purchasing System as an addendum, located under the RFP # being modified.  It is the OFFEROR’S responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

3

NOTICE TO BIDDERS

Sealed Proposals subject to the conditions made a part hereof, will be received until _____am/pm on Monday – Friday ____________________for furnishing and delivering the commodity/services described herein and then publically opened. 

Bids submitted via telegraph, facsimile (FAX) machine, telephone and electronic means, including but not limited to e-mail, in response to this Request for Proposals will not be acceptable.  Bids are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned 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, I certify that this bid is submitted competitively and without collusion (G.S. 143-54).

Failure to execute/sign bid prior to submittal shall render bid invalid.  Late bids are not acceptable. 

BIDDER:

FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS:

P.O. BOX:

ZIP:

CITY & STATE & ZIP:

TELEPHONE NUMBER:

TOLL FREE TEL. NO

(800)

TYPE OR PRINT NAME & TITLE OF PERSON SIGNING:

FAX NUMBER:

AUTHORIZED SIGNATURE:

DATE:

E-MAIL: 

Offer valid for 45 days from date of bid opening unless otherwise stated here: ____ days (See Instructions to Bidders, Item 6).  Prompt Payment Discount:  _______ % __________________ days (See Instructions to Bidders, Item 7).

ACCEPTANCE OF BID

If any or all parts of this bid are accepted, an authorized representative of Durham Public Schools shall affix their signature hereto and this document and the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions shall then constitute the written agreement between the parties.  A copy of this acceptance will be forwarded to the successful bidder(s).

FOR DURHAM PUBLIC SCHOOLS USE ONLY

Offer accepted and contract awarded this ____ day of _____________________, 20_____, as indicated on attached certification or purchase order,

by _____________________________________________ (Authorized representative of the Durham Public Schools).

 

 

 

 

 

 

 

 

 

 

MAILING INSTRUCTIONS:  Mail only one fully executed bid document, unless otherwise instructed, and only one bid per envelope.  Address envelope and insert bid number on outside envelope as shown below.  It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening.

    Delivered by US Postal Service

   Delivered by any other means

BID NO. _______________________________

BID NO. _______________________________

4            Durham Public Schools

      Attn:  _____________________________

Address

                                                  City, State and Zip                       

5          Durham Public Schools

Attn:  _____________________________

Address

                                            City, State and Zip                      

BID number must be clearly written on envelope

DPS will only accept sealed bids with BID number clearly written on envelope

All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.  It is the BIDDERS responsibility to assure that all bids are received.  No late bids will be accepted.

TABULATIONS:  Tabulations of open market bids and award information can be obtained by written request.  Tabulations will be available upon request no earlier than 10:00 a.m. on the first working day following the date of opening.  Requests for lengthy tabulations cannot be honored.

TRANSPORTATION CHARGES:  FOB – Destination.  Freight charges must be included in prices quoted herein.

AWARD OF CONTRACT:  It is the intent to award this contract to a single overall bidder.  The right is reserved; however, to make award on the basis of individual items or groups of items, if such shall be considered to be most advantageous or constitute the best interest of the Durham Public Schools.  As provided by statute, award will be based on Lowest Price Technically Acceptable.

BID PRICE:  Bidders are urged to reflect all cash discounts into their bid price and quote the bid herein on a net no discount basis.  If bidder will please comply with this request, it will tend to simplify the evaluation and tabulation of the items considered for award.

BID EVALUATION:  Bids are requested on the items and/or equipment as hereinafter specified or like items similar in design, function and performance.  Durham Public Schools reserves the right to reject any bid on the basis of function, compatibility with user requirements of utility as well as costs.  The Durham Public Schools may request written clarifications of any offer received.  However, the Durham Public Schools may, at its sole discretion, refuse to accept in full or partially the response to a clarification request given by any vendor.  Vendor is cautioned that the Durham Public Schools is not required to request clarification; therefore, all offers should be complete and reflect the most favorable terms.

 

 

 

 

 

DESCRIPTIVE LITERATIVE:  All bids must be accompanied by complete descriptive literature, specifications, letter from manufacturer stating paper stock recommended; availability of parts and service; recommended maintenance schedule; and recommended volume range.  Bid submitted without this information will be subject to rejection.

 

6 Introduction:  Durham Public Schools wishes to Purchase:  ____________________       

 

 

 

7 FURNISH & DELIVER: ________________________    

 

 

 

8 Proposal/Description: ________________________________       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INSTRUCTIONS TO BIDDERS

  1. READ, REVIEW AND COMPLY:  It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.
  2. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions.
    Durham Public Schools objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response.  This applies to any language appearing in or attached to the document as part of the bidder’s response.  DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.  By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.
  3. DEFINITIONS:
    ·      BIDDER/OFFEROR:  Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids.
    ·      TERM CONTRACT:  A contract generally intended to cover all normal requirements for a commodity for a specified period
            of time based on estimated quantities only.
    ·      STATEWIDE TERM CONTRACT:  A Term Contract for all agencies, unless exempted by statute, rule, or special term and
            condition specific to this bid.
    ·      AGENCY SPECIFIC TERM CONTRACT:  A Term Contract for a specific agency
    ·      OPEN MARKET CONTRACT:  A contract for the purchase of a commodity not covered by a term contract.
  4. EXECUTION:  Failure to sign under EXECUTION section will render bid invalid.
  5. ORDER OF PRECEDENCE:  In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) North Carolina General Contract Terms and Conditions, and (4) Instructions to Bidders.
  6. TIME FOR CONSIDERATION:  Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening.  Preference may be given to bids allowing not less than 45 days for consideration and acceptance.
  7. PROMPT PAYMENT DISCOUNTS:  Bidders are urged to compute all discounts into the price offered.  If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.
  8. SPECIFICATIONS:  Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore.  Deviations shall be explained in detail.  The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.
  9. INFORMATION AND DESCRIPTIVE LITERATURE:  Bidder is to furnish all information requested and in the spaces provided in this document.  Further, if required elsewhere in this bid, each bidder must submit with their bid sketches, descriptive literature and/or complete specifications covering the products offered.  Reference to literature submitted with a previous bid will not satisfy this provision.  Bids which do not comply with these requirements will be subject to rejection.
  10. RECYCLING AND SOURCE REDUCTION:  It is the policy of this State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.
    We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased.  However, no sacrifice in quality of packaging will be acceptable.  The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.
    Companies are strongly urged to bring to the attention of the purchasers, in the agency which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.
  11. CLARIFICATIONS/INTERPRETATIONS:  Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document.  Do not contact the user directly.  Any and all revisions to this document shall be made only by written addendum from the agency which issued the solicitation document.  The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.
  12.  ACCEPTANCE AND REJECTION:  Durham Public Schools reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid.  If either a unit price or extended price is obviously in error or the other is obviously correct, the incorrect price will be disregarded.
  13. REFERENCES:  Durham Public Schools (DPS) reserves the right to require a list of users for the exact item offered.  DPS may contact these users to determine acceptability of the bid.  Such information may be considered in the evaluation of the bid.  Failure of the offeror to provide a list of these references (including contact persons and telephone numbers) for which similar work has been performed in a specified period may result in the rejection of the offeror’s proposal.  DPS evaluators may check all public sources to determine whether offeror has listed all contracts for similar work within the designated period. If the evaluators determine that references for other public contracts or similar contracts were not listed, the evaluators may contact the public entities to make inquiry into offeror’s performance of those contracts; and the information obtained may be considered in evaluating offeror’s proposal.  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 the issuing agency.
  14. TAXES:
    ·      FEDERAL:  All agencies participating in this contract exempt from Federal Taxes, such as excise and transportation.
            Exemption forms submitted by the contractor will be executed and returned by the using agency.
    ·      OTHER:  Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by
            the North Carolina Department of Revenue.
  15. AWARD OF CONTRACT:  As directed by statute, qualified bids will be evaluated and acceptance made of the lowest and best bid most advantageous to Durham Public Schools as determined upon consideration of such factors as:  prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by Durham Public Schools to be pertinent or peculiar to the purchase in question.  Unless otherwise specified by Durham Public Schools or the bidder, Durham Public Schools reserves the right to accept any item or group of items on a multi-item bid.  In addition, on TERM CONTRACTS, Durham Public Schools reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by Durham Public Schools to be pertinent or peculiar to the purchase in question.
  16. HISTORICALLY UNDERUTILIZED BUSINESSES:  Pursuant to General Statute 143-48 and Executive Order #77, the State 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.
  17. CONFIDENTIAL INFORMATION:  As provided by statute and rule, the agency which issued the solicitation document will consider keeping trade secrets which the bidder does not wish disclosed confidential.  Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder.  Cost information shall not be deemed confidential.  In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.
  18. SAMPLES:  Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense.  Request for the return of samples must be made within 10 days following date of bid opening.  Otherwise the samples will become Durham Public Schools property.  Each individual sample must be labeled with the bidder’s name, bid number, and item number.  A sample, on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.
  19. PROTEST PROCEDURES:  A party wanting to protest a contract awarded pursuant to this solicitation, and in excess of $10,000, must submit a written request to the Executive Officer of the agency which issued the solicitation document at the address given in the solicitation document entitled “Mailing Instructions”.  This request must be received in the office of the issuing agency 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.  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.
  20. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns and the singular of any word or phrase shall be read to include the plural and vice versa.

 

21. Freight Charges:  All freight charges must be included as a separate line item and clearly stated on proposal.

 

22.  Taxes:  Durham Public Schools is NOT tax exempt.

 


NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS

  1. DEFAULT AND PERFORMANCE BOND:  In case of default by the contractor, Durham Public Schools may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.  Durham Public Schools reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to Durham Public Schools.
  2. GOVERNMENTAL RESTRICTIONS:  In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations.  Durham Public Schools reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
  3. 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.
  4. TAXES:  Any applicable taxes shall be invoiced as a separate item.
  5. SITUS:  The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.
  6. GOVERNING LAWS:  This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.
  7. INSPECTION AT CONTRACTOR’S SITE:  Durham Public Schools reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for Durham Public Schools determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.
  8. PAYMENT TERMS:  Payment terms are Net 30 days after receipt of correct invoice or acceptance of goods, whichever is later.  The using agency is responsible for all payments under the contract.
  9. AFFIRMATIVE ACTION:  The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or physical handicap.
  10. CONDITION AND PACKAGING:  Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition.  All containers/packaging shall be suitable for handling, storage or shipment.
  11. STANDARDS:  All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished.  Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state  and federal requirements relating to clean air and water pollution.
  12. PATENT:  The contractor shall hold and save Durham Public Schools, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.
  13. 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.
  14. ACCESS TO PERSONS AND RECORDS:  The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7.
  15. 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 and solely as a convenience to the contractor, Durham Public Schools may:
    a.     Forward the contractor’s payment check directly to any person or entity designated by the contractor, and
    b.     Include any person or entity designated by contractor as a joint payee on the contractor’s payment check.
            In no event shall such approval and action obligate the Durham Public Schools to anyone other than the contractor and the         contractor shall remain responsible for fulfillment of all contract obligations.
    1. INSURANCE:

      COVERAGE - 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:
      a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of contractor’s employees who are engaged in any work under the contract.  If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract.


b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.)

c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract.  The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment.

REQUIREMENTS - 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.

  1. CANCELLATION (TERM CONTRACTS ONLY):  All contract obligations shall prevail for at least sixty (60) months after the effective date of the contract.  After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.  Such notice of cancellation, as required herein, shall be transmitted via U.S. MAIL, Certified, Return Receipt Requested.  The 30 days notice for cancellation shall begin on the day the return receipt is signed and dated
  2. QUANTITIES (TERM CONTRACTS ONLY):  The award of a term contract neither implies nor guarantees any minimum or maximum purchases there under.
  3. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY):  No price adjustments will be allowed during the duration of the contract unless:
    1. Notification:  Must be given to the issuing purchasing authority, in writing, concerning any proposed price adjustments a minimum of ninety (90) days notification prior to the desired effective date of the increase.   Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature.
    2. Decreases:  Durham Public Schools shall receive full proportionate benefit immediately at any time during the contract period.
    3. Increases:  All prices shall be firm against any increase for thirty six (36) months from the effective date of the contract.  After this period, a request for increase may be submitted with Durham Public Schools reserving the right to accept or reject the increase, or cancel the contract.  Such action by Durham Public Schools shall occur not later than 15 days after the receipt by Durham Public Schools of a properly documented request for price increase.  Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.
    4. 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.

NORTH CAROLINA EXECUTIVE ORDER NO. 50 (PRICE MATCHING PREFERENCE):

 

§ 143-59. Preference given to North Carolina products and citizens, and articles manufactured by State agencies; reciprocal preferences.

 

(a) Preference. – The Secretary of Administration and any State agency authorized to purchase foodstuff or other products, shall, in the purchase of or in the contracting for foods, supplies, materials, equipment, printing or services give preference as far as may be practicable to such products or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina: Provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided further, that preference in all cases shall be given to surplus products or articles produced and manufactured by other State departments, institutions, or agencies which are available for distribution.

Contract Provisions

By submission of a proposal, Contractor agrees to comply with the following provisions.  Failure to comply with any and all provisions herein may cause for the contracting agency to issue a cancellation notice to a contractor.

Reporting Requirements

The Contractor is notified that this project may be financed with American Recovery and Reinvestment Act of 2009 (hereinafter “ARRA”) Funds.  The Contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this of this directive in their contracts. Pursuant to Title XV, Section 1512 of the ARRA, the State shall require that the Contractor provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Contractor’s own workforce and any subcontractors.  No direct payment will be made for providing said reports, as the cost for same shall be included in the various items in the contract. 

Posting with the Local Employment Security Commission

In addition to any other job postings the Contractor normally utilizes, the Office of Economic Recovery & Investment (hereinafter, “OERI”) requires that the Contractor shall post with the local Employment Security Commission Office all positions for which he intends to hire workers as a result of being awarded this contract. Labor and semiskilled positions must be posted for at least 48 hours before the hiring decision. All other positions must be posted a minimum posting of five days before the hiring decision.  The Contractor and any Subcontractor shall report the new hires in the manner prescribed by the Employment Security Commission and the OERI.

Required Contract Provision to Implement ARRA Section 902

Section 902 of the ARRA requires that each contract awarded using ARRA funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority to:

1) Examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and

2) Interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. 

Accordingly, the Comptroller General and his representatives shall have the authority and rights prescribed under Section 902 of the ARRA with respect to contracts funded with recovery funds made available under the ARRA. Section 902 further states that nothing in 902 shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General.

Authority of the Inspector General provision

Section 1515(a) of the ARRA provides authority for any representatives of the United States Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General.

Buy American provision

Section 1605 of the ARRA requires that iron, steel and manufactured goods used in public buildings or public works projects be manufactured in the United States. Contractor agrees to abide by this provision and shall maintain records of such purchases for inspections by authorized agents of the State of North Carolina and federal agencies. The Contractor must obtain written exception from this provision from the agency issuing the contract.

 

Wage Rate Provision

Section 1606 of the ARRA requires that all laborers and mechanics employed by contractors and subcontractors with funds from the ARRA shall be paid wages at rates not less than the prevailing wage rate under the Davis-Bacon Act. The contractor agrees that by the submission of a proposal in response to a solicitation funded in whole or in part with recovery funds, continuous compliance will be maintained with the Davis-Bacon Act.

Availability and Use of Funds

Contractors understand and acknowledge that any and all payment of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required state matching funds.  Pursuant to Section 1604 of the ARRA, contractors agree not to undertake or make progress toward any activity using recovery funds that will lead to the development of such activity as casinos or other gambling establishments, aquariums, zoos, golf courses, swimming pools or any other activity specifically prohibited by the Recovery Act.

Whistleblower Provisions

Contractors understand and acknowledge that Article 14 of Chapter 124, NCGS 126-84 through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, NCGS 95-240 through 85-245 (applies to anyone, including state employees), and Section 1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to State, Federal and contract employees.

Outsourcing outside the USA without Specific Prior Approval Provision

Contractor agrees not to use any recovery funds from a contract or any other performance agreement awarded by the State of North Carolina, its agencies, or political subdivisions for outsourcing outside of the United States, without specific prior written approval from the agency issuing the contract.

Federal, State and Local Tax Obligations

By submission of a proposal, contractors and subcontractors assert and self-certify that all Federal, State and local tax obligations have been or will be satisfied prior to receiving recovery funds.

Anti-Discrimination and Equal Opportunity

Pursuant to Section 1.7 of the guidance memorandum issued by the United States Office of Management and Budget on April 3, 2009, recovery funds must be distributed in accordance with all anti-discrimination and equal opportunity statutes, regulations, and Executive Orders pertaining to the expenditure of funds.

Office of State Budget and Management Access to Records

OERI requires that the contractor and subcontractor agree to allow the Office of State Budget and Management internal auditors and state agency internal auditors access to records and employees pertaining to the performance of any contract awarded by a public agency.

**Race to the Top (hereinafter as RttT) will follow same guidelines as American Recovery and Reinvestment Act of 2009.

By signing this form vendor understands and agrees to follow these federal guidelines. 

__________________________________

Signature of Vendor

 

*****Winning vendor will also have to provide Durham Public Schools a signed copy of their W9 and their Dun and Bradstreet number.  Failure to sign above and to provide this information may cause their bid to be disqualified. 

 

 

 

NON-APPROPRIATION/CANCELLATION

 

                Lessee’s operations are funded under appropriations or budgetary approvals made by Durham Public Schools, on a fiscal year basis.  For the fiscal year ended ______________, Lessee has received all necessary approvals for the lease of the equipment subject to this Lease and for the payment of the rentals required under this Lease.  While similar approvals are expected for each of the future fiscal years during the term of this Lease, such approvals cannot be assured.  If, for any such fiscal year, necessary approvals are not received for the continuation of this Lease, then the Lessee shall have the right, exercisable by written notice delivered twenty (20) days prior to the expiration of the then current fiscal year, to terminate this Lease as of the last day of such current fiscal year, subject to the requirements that (a) all obligations of the Lessee under the Lease for the then current fiscal year shall be satisfied in full, (b) the Lessee shall package and return the equipment as directed by Lessor, with all costs of packaging, freight and insurance borne by Lessee and (c) if, within two (2) years after the effective date of termination, necessary approvals are received for the purchase or lease of equipment performing functions similar to those performed by the equipment subject to this lease, then the lessor, at its election, may (I) reinstate this Lease for a term equal to the unexpired term of this Lease as of the date of cancellation by providing like equipment or (II) have a right of refusal to be the seller or lessor in the Lessee’s acquisition of like kind equipment.  If Lessee purports to cancel this Lease under this Section, then Lessor, as a condition to acceptance of such cancellation, may require the written opinion of Lessee’s counsel detailing specifically the circumstances giving rise to the right of cancellation and such counsel’s affirmative opinion as to the existence of that right.

 

 

                                                                                    Durham Public Schools

 

 

 

                                                                                    By: ________________________________________

 

 

 

 

 

           

 

Sole Source

 

Definition of Sole Source:  sole source is used when you can not purchase an item or contract a service from any other vendor.  A letter from the vendor stating this as fact will need to be included with the intent to award sole source form. ***

 

This information is posted on the Interactive Purchasing System which can be accessed all over the world so if another vendor comes forward stating they can provide the same product or service then a request for proposal (RFP) will need to be issued which could take more time.

 

 

 

Instructions on filling out Intent to Award Sole Source (only fill in areas highlighted in yellow)

 

 

 

 

 

 

 

 

 

Return this form electronically in a word document along with a copy of your sole source letter signed by the vendor to Purchasing.  Be sure to include a note to Purchasing as to which fund you will be using.

 

 

 

 

 

***Attached are copies of Intent to Award a Sole Source Contract for Local and State

***Attached also is a copy of the Intent to Award a Sole Source Contract using Federal funds

 

 

 

 

 

 

 

 

Notice of Intent to Award a Sole Source Contract

 

If an LEA intends to Award a Sole Source this form must be completed and posted to the Statewide Interactive Purchasing System (IPS).

 

 

LEA/Charter                          Durham Public Schools - 320

 

 

Authorizing Person:           Principal/RCC Manager     1    

 

Contact Information:          Contact Information            2    

 

Vendor Name:                      Vendor Information             3

 

 

Description of Technology (product or service):

 

Durham Public Schools intends to                                 4

 

 

 

 

 

 

 

 

Notice of Intent to Award a Sole Source Contract

If an LEA intends to use Race to the Top funds (and or possible other Federal funding) to sole-source a technology service or product in compliance with the guidelines listed in “Guidance for Sole-sourcing Using ARRA/RttT Funds,” this form must be completed and posted to the Statewide Interactive Purchasing System (IPS) for a minimum of ten days.   

 

 

LEA/Charter                            Durham Public Schools - 320                                  

 

Authorizing Person                  ______________________________________________    1

 

Contact Information               ______________________________________________    2

                       

 

 

Technology Source (Vendor)  ______________________________________________    3

 

 

Description of Technology (product or service) __________________________  4

 

 

 

 

 

 

 

 

Contract Provisions

By submission of a proposal, Contractor agrees to comply with the following provisions.  Failure to comply with any and all provisions herein may cause for the contracting agency to issue a cancellation notice to a contractor.

Reporting Requirements

The Contractor is notified that this project may be financed with American Recovery and Reinvestment Act of 2009 (hereinafter “ARRA”) Funds.  The Contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this of this directive in their contracts. Pursuant to Title XV, Section 1512 of the ARRA, the State shall require that the Contractor provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Contractor’s own workforce and any subcontractors.  No direct payment will be made for providing said reports, as the cost for same shall be included in the various items in the contract. 

Posting with the Local Employment Security Commission

In addition to any other job postings the Contractor normally utilizes, the Office of Economic Recovery & Investment (hereinafter, “OERI”) requires that the Contractor shall post with the local Employment Security Commission Office all positions for which he intends to hire workers as a result of being awarded this contract. Labor and semiskilled positions must be posted for at least 48 hours before the hiring decision. All other positions must be posted a minimum posting of five days before the hiring decision.  The Contractor and any Subcontractor shall report the new hires in the manner prescribed by the Employment Security Commission and the OERI.

Required Contract Provision to Implement ARRA Section 902

Section 902 of the ARRA requires that each contract awarded using ARRA funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority to:

1) Examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and

2) Interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. 

Accordingly, the Comptroller General and his representatives shall have the authority and rights prescribed under Section 902 of the ARRA with respect to contracts funded with recovery funds made available under the ARRA. Section 902 further states that nothing in 902 shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General.

Authority of the Inspector General provision

Section 1515(a) of the ARRA provides authority for any representatives of the United States Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General.

Buy American provision

Section 1605 of the ARRA requires that iron, steel and manufactured goods used in public buildings or public works projects be manufactured in the United States. Contractor agrees to abide by this provision and shall maintain records of such purchases for inspections by authorized agents of the State of North Carolina and federal agencies. The Contractor must obtain written exception from this provision from the agency issuing the contract.

 

Wage Rate Provision

Section 1606 of the ARRA requires that all laborers and mechanics employed by contractors and subcontractors with funds from the ARRA shall be paid wages at rates not less than the prevailing wage rate under the Davis-Bacon Act. The contractor agrees that by the submission of a proposal in response to a solicitation funded in whole or in part with recovery funds, continuous compliance will be maintained with the Davis-Bacon Act.

Availability and Use of Funds

Contractors understand and acknowledge that any and all payment of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required state matching funds.  Pursuant to Section 1604 of the ARRA, contractors agree not to undertake or make progress toward any activity using recovery funds that will lead to the development of such activity as casinos or other gambling establishments, aquariums, zoos, golf courses, swimming pools or any other activity specifically prohibited by the Recovery Act.

Whistleblower Provisions

Contractors understand and acknowledge that Article 14 of Chapter 124, NCGS 126-84 through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, NCGS 95-240 through 85-245 (applies to anyone, including state employees), and Section 1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to State, Federal and contract employees.

Outsourcing outside the USA without Specific Prior Approval Provision

Contractor agrees not to use any recovery funds from a contract or any other performance agreement awarded by the State of North Carolina, its agencies, or political subdivisions for outsourcing outside of the United States, without specific prior written approval from the agency issuing the contract.

Federal, State and Local Tax Obligations

By submission of a proposal, contractors and subcontractors assert and self-certify that all Federal, State and local tax obligations have been or will be satisfied prior to receiving recovery funds.

Anti-Discrimination and Equal Opportunity

Pursuant to Section 1.7 of the guidance memorandum issued by the United States Office of Management and Budget on April 3, 2009, recovery funds must be distributed in accordance with all anti-discrimination and equal opportunity statutes, regulations, and Executive Orders pertaining to the expenditure of funds.

Office of State Budget and Management Access to Records

OERI requires that the contractor and subcontractor agree to allow the Office of State Budget and Management internal auditors and state agency internal auditors access to records and employees pertaining to the performance of any contract awarded by a public agency.

**Race to the Top (hereinafter as RttT) will follow same guidelines as American Recovery and Reinvestment Act of 2009.

By signing this form vendor understands and agrees to follow these federal guidelines. 

__________________________________

Signature of Vendor

*****Vendor will also have to provide Durham Public Schools a signed copy of their W9 and their Dun and Bradstreet number.  Failure to sign above and to provide this information may cause their bid to be disqualified. 

 

 

Choosing bid opening date

Contact purchasing for a copy of these forms in a word document.

All bids must be sent in a word document electronically through an email attachment to:

diana.bisson@dpsnc.net and timothy.hunter@dpsnc.net

Be sure to mark the attachment urgent and CALL the purchasing department at 21660 or 560-3660 do not just send the email.  Be sure to speak with someone in purchasing do not leave a message on voice mail.  This will avoid the chance of your bid falling through the cracks.

 

Give at least a two week turn around before bid opening date to allow time for clarifications.

 

Choosing question and answer date

 

If a vendor has a question these questions must be submitted to your school/department in writing do NOT verbally answer any questions.  All questions and must be submitted to your department by ______date.  The question and answer form should be filled out and returned electronically to purchasing in a word document for posting send approximately five days before bid opening date.  Again please call purchasing to notify us that you are planning to send this information.

 

 

 

 

 

 

 

 

 

***Attached is just an example of the question and answer sheet

 

 

 

Questions and Answers for Bid # ________________________

 

Question:

 

 

 

 

Answer:

 

 

 

 

Question:

 

 

 

 

Answer:

 

 

 

 

 

 

 

 

 

 

 

RFP’s and Intent to Sole Source must be completely fill out and sent to Purchasing for posting please send all forms electronically in a word document

 

To view bid that has been posted go to:

https://www.ips.state.nc.us/ips/pubmain.asp

Click on “Bids by Departments” then scroll to Public Schools – Durham Public Schools and you will be able to see all the bids that have been posted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Instructions for bid opening:

All bids must be kept sealed until date and time of the bid opening.  It is unlawful to open or tamper with bids in any way before the date and time of bid opening.

Make arrangements for someone to accept and hold all bids until bid opening.  This person must date stamp the envelope and write the time of day the enveloped arrived.  Place this stamp on the seal to verify that the envelope has not been tampered with.

Everyone must sign in as witness; you must have at least two people in attendance witnessing the opening.

 

Bids:

Send a copy of the winning bid along with a copy of the total page from all other vendors with a justification letter and PO number (if PO can not be processed just send a note stating this) clearly written to Purchasing.

Original bids must be kept for duration of the school year plus three years for auditing purposes.  In cases of a lease bids must be kept for the duration of the lease plus three years.

 

 

To fill out the sign in page

Print and sign your name along with your phone/ext. if a vendor shows up have them also print and sign their name along with their phone number and the name of their company (do not sign and stop the bid opening and contact Purchasing immediately if any bid has been tampered with)

At the bottom of the form fill in for each envelope received the vendor name, address, phone number bid amount before taxes and any comments (like freight amount or if the vendor did not sent all information)

 

A copy of this form must be sent to Purchasing along with a copy of the winning bid and the total page from all other bids.  Please include an explanation as to why you chose the vendor and the total amount of the award so that it can be posted on the Interactive Purchasing System.

 

Attached is a sample of a sign in page

 

 

 

Bid opening date: _______________                            Bid #: ______________________________

 

By signing this form you are witnessing the opening of a bid and you are verifying that the bids have been kept sealed.

**A copy of this form must be sent to Purchasing

 

 

 

 

 

 

 

Additional Information

 

Bid numbers:

            All bid numbers will start with 179-

            Bids for this school year will be 179-1112-##-Dept/School, this translates to:

                        (179- ) our school identification number assigned by DPI

                        (1112- ) school year (2011-2012) starting in July this number will be 1213-

                        (##-) this is the number of bids that have been posted

                        (dept/sch) is your department or school abbreviation

 

Checking on bid (to see if it has been posted) go to:

            https://www.ips.state.nc.us/ips/pubmain.asp

            Click on bids by department

            Scroll to public schools and click on Durham Public Schools at this point you can see all bids that are active

 

Other helpful websites; these two websites will provide you information and vendors that are on State Term Contract:

            http://www.pandc.nc.gov/keyword.asp this is the website to look for a product alphabetically

            http://www.pandc.nc.gov/numlistt.asp this is the website if you already know the commodity code for the             product you are purchasing

           

Listed below are some other websites for your information, DPS is a member of these co-operative purchasing networks (these networks are used like state term contract; DPS is piggy backing off contracts from other states)    

            TCPN http://www.tcpn.org/                              

            US Communities http://www.uscommunities.org/

            National IPA http://www.nationalipa.org/

Do not hesitate to call the Purchasing Office @ 560-3660 ext. 21660 or Diana Bisson, Purchasing Officer @ 560-3619 ext. 21619 with