Notice of Intent to Award a Sole Source Contract
If an LEA intends to use Race to the Top funds tosole-source a technology service or product in compliance with the guidelineslisted in “Guidance for Sole-sourcing Using ARRA/RttT Funds,” this form must becompleted and posted to the Statewide Interactive Purchasing System (IPS) for a minimumof ten days.
LEA/Charter Stanly CountySchools
AuthorizingPerson: Brandon DeLeeuw,CTO
TechnologySource (Vendor) Apple, Inc.
Descriptionof Technology (product or service):
Stanly County Schools will be purchasing up to 140 iPads forK-3 teachers to support the implementation of mClass Wireless Generation.
By submission of a proposal, Contractoragrees to comply with the following provisions.
Failure to comply with any andall provisions herein may be cause for the contracting agency to issue acancellation notice to a contractor.
The Contractor is notified that thisproject will be financed with American Recovery and Reinvestment Act of 2009(hereinafter, “ARRA”) Funds. The Contractor shall ensure that allsubcontracts and other contracts for goods and services for an ARRA-fundedproject have the mandated provisions of this directive in their contracts.Pursuant to Title XV, Section 1512 of the ARRA, the State shall requirethat the Contractor provide reports and other employment information asevidence to document the number of jobs created or jobs retained by thiscontract from the Contractor’s own workforce and any subcontractors. No directpayment will be made for providing said reports, as the cost for same shall beincluded in the various items in the contract.
Posting with theLocal Employment Security Commission
In addition to any other jobpostings the Contractor normally utilizes, the Office of
Economic Recovery &Investment (hereinafter, “OERI”) requires that the Contractor shall post withthe local Employment Security Commission Office all positions for which heintends to hire workers as a result of being awarded this contract. Labor andsemiskilled positions must be posted for at least 48 hours before the hiringdecision. All other positions must be posted a minimum posting of five daysbefore the hiring decision. The Contractor and any Subcontractor shall reportthe new hires in the manner prescribed by the Employment Security Commissionand the OERI.
RequiredContract Provision to Implement ARRA Section 902
Section 902 of the ARRA requiresthat each contract awarded using ARRA funds must include a provision thatprovides the U.S. Comptroller General and his representatives with theauthority to:
(1) examine any records of thecontractor or any of its subcontractors, or any State or local agency administeringsuch contract, that directly pertain to, and involve transactions relating to,the contract or subcontract; and
(2) interview any officer oremployee of the contractor or any of its subcontractors, or of any State orlocal government agency administering the contract, regarding suchtransactions.
Accordingly, the ComptrollerGeneral and his representatives shall have the authority and rights prescribedunder Section 902 of the ARRA with respect to contracts funded with recoveryfunds made available under the ARRA. Section 902 further states that nothing ContractProvisions 1 in 902 shall be interpreted to limit or restrict in any wayany existing authority of the Comptroller General.
Authority of theInspector General provision
Section 1515(a) of the ARRAprovides authority for any representatives of the United States InspectorGeneral to examine any records or interview any employee or officers working onthis contract. The contractor is advised that representatives of the InspectorGeneral have the authority to examine any record and interview any employee orofficer of the contractor, its subcontractors or other firms working on thiscontract. Section 1515(b) further provides that nothing in this section shallbe interpreted to limit or restrict in any way any existing authority of anInspector General.
Section 1605 of the ARRA requiresthat iron, steel and manufactured goods used in public buildings or publicworks projects be manufactured in the United States. Contractor agrees to abideby this provision and shall maintain records of such purchases for inspectionsby authorized agents of the State of North Carolina and federal agencies. TheContractor must obtain written exception from this provision from the agencyissuing the contract.
Section 1606 of the ARRA requiresthat all laborers and mechanics employed by contractors and subcontractors withfunds from the ARRA shall be paid wages at rates not less than the prevailingwage rate under the Davis-Bacon Act. The contractor agrees that by thesubmission of a proposal in response to a solicitation funded in whole or inpart with recovery funds, continuous compliance will be maintained with theDavis-Bacon Act.
Availability andUse of Funds
Contractors understand andacknowledge that any and all payment of funds or the continuation thereof iscontingent upon funds provided solely by ARRA or required state matching funds.Pursuant to Section 1604 of the ARRA, contractors agree not to undertake ormake progress toward any activity using recovery funds that will lead to thedevelopment of such activity as casinos or other gambling establishments,aquariums, zoos, golf courses, swimming pools or any other activityspecifically prohibited by the Recovery Act.
Contractors understand andacknowledge that Article 14 of Chapter 124, NCGS 126-84 through 126-88 (appliesto the State and state employees), Article 21 of Chapter 95,
NCGS 95-240 through 85-245(applies to anyone, including state employees), and
ContractProvisions 2Contract Provisions 3 Section 1553 of the Recovery Act (applies toanyone receiving federal funds), provide protection to State, Federal andcontract employees.
Outsourcingoutside the USA without Specific Prior Approval Provision
Contractor agrees not to use anyrecovery funds from a contract or any other performance agreement awarded bythe State of North Carolina, its agencies, or political subdivisions foroutsourcing outside of the United States, without specific prior writtenapproval from the agency issuing the contract.
Federal, Stateand Local Tax Obligations
By submission of a proposal,contractors and subcontractors assert and self-certify that all
Federal, State and local taxobligations have been or will be satisfied prior to receiving recovery funds.
Anti-Discriminationand Equal Opportunity
Pursuant to Section 1.7 of theguidance memorandum issued by the United States Office of Management and Budgeton April 3, 2009, recovery funds must be distributed in accordance with allanti-discrimination and equal opportunity statutes, regulations, and ExecutiveOrders pertaining to the expenditure of funds.
Office of StateBudget and Management Access to Records
OERI requires that the contractorand subcontractor agree to allow the Office of State
Budget and Management internalauditors and state agency internal auditors access to records and employeespertaining to the performance of any contract awarded by a public agency.