Notice
of Sole Source Designation
Title: Notice of Sole
Source Designation
Using Agency: Stanly County Schools
Issue Date: August 20, 2012
Issuing Agency: Stanly County Schools
1000 North First Street
Albemarle, NC 28001
Direct all
Questions To: Brandon DeLeeuw
Email: brandon.deleeuw@stanlycountyschools.org
Website: http://www.stanlycountyschools.org
This notice is
to state that Stanly County Schools intends to use recover funds to purchase
from Thinkgate, Inc, who is the sole source provider for the Thinkgate
benchmarking software.
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 be cause for the contracting agency to issue a
cancellation notice to a contractor.
Reporting
Requirements
The Contractor is notified that this
project will 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 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 Contract
Provisions 1 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
Contract
Provisions 2
Contract Provisions 3 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.