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  • 1. NORTH CAROLINA GENERAL ASSEMBLY Legislative Services Commission Program Evaluation Division STUDY OF STRUCTURE AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, STATE SUPERINTENDENT OF INSTRUCTION, AND DEPARTMENT OF PUBLIC INSTRUCTION Request for Proposals August 8, 2008 Sealed proposals subject to the conditions made a part hereof will be received until 5:00 p.m., Wednesday, August 27, 2008 for furnishing services described herein. Send all proposals packages to: Doris Gilbert Administrative Assistant Program Evaluation Division Suite 100 Legislative Office Building 300 N. Salisbury St. Raleigh, NC, 27603 Phone: 919-301-1402 Direct any questions to John Turcotte, Director of the Program Evaluation Division, at johnt@ncleg.net or 919-301-1399. Introduction The North Carolina State Appropriations Act of 2008 directed the Program Evaluation Division of the General Assembly to study the State Board of Education and Department of Public Instruction. Specific language requiring the study is as follows: SECTION 9.14. The Joint Legislative Program Evaluation Oversight Committee shall include in the 2008-2009 Work Plan for the Program Evaluation Division of the General Assembly a review and study of the structure and organization of the Department of Public Instruction and the State Board of Education. The Program Evaluation Division shall submit the study to the Joint Legislative Program Evaluation Oversight Committee, the Joint Legislative Education Oversight Committee, the Chairs of the Appropriations Committees of the Senate and the House of Representatives, and the Fiscal Research Division by December 31, 2008.1 The Legislative Service Commission authorized the Program Evaluation Division to prepare an RFP and recommend a consultant to perform the study under contract to the Legislative Services Commission. 1 Section 9.14 of The Current Operations and Capital Improvements Appropriation Act of 2008, SL 2008-107, page 40 available online as of July 28, 2009 at http://www.ncleg.net/Sessions/2007/Bills/House/PDF/H2436v9.pdf. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 1 of 15
  • 2. Created by state law, the Program Evaluation Division is a staff unit of the Legislative Services Commission.2 The Division evaluates state government programs for effectiveness and efficiency. The Joint Legislative Program Evaluation Oversight Committee approves a work plan for projects undertaken by the Division and may endorse recommendations contained in a Division report.3 The study that is the subject of this RFP is included in the 2008 work plan. Background Entities with Education Governance Authority The study will focus on the North Carolina State Board of Education, the State Superintendent of Public Instruction, and the Department of Public Instruction. A brief overview of state-level education governance may be helpful. The following list of entities with statutory education policy responsibilities is for general reference only and is not intended to be either exhaustive or definitive nor is the order of listing an indication of importance or level of activity:  State Board of Education, which is responsible for pre-kindergarten through grade 12 public education and vocational education policy and administration of the Department of Public Instruction (DPI)4  State Superintendent of Public Instruction, a Constitutional officer elected statewide who by statute performs responsibilities assigned by the State Board of Education5  North Carolina Education Cabinet, which consists of the Governor and heads of education agencies serving ex officio to develop a strategic design for a continuum of education programs6  State Education Commission, which consists of the Board of Governors of the University of North Carolina, the State Community College Board, and the State Board of Education. With meetings subject to the call of the Governor, the Commission is a 2 For state law establishing and empowering the Program Evaluation Division, see North Carolina G.S. 120. Art. 7, available online as of May 21, 2008 at: www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_120/Article_7C.html. 3 For state law establishing and empowering the Joint Legislative Program Evaluation Oversight Committee see North Carolina G.S. 120-36.15 and 16 available online as of May 21, 2008 at www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_120/GS_120-36.15.html and www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_120/GS_120-36.16.html. 4 For state laws relative to public education in general and the State Board of Education and Department of Public Instruction, see North Carolina G.S. 115, available online as of July 28, 2008 at www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0115C. See also North Carolina Constitution, Art. IX, Sec. 2 Uniform System of Schools, Art. IX, Section 5 Powers and Duties of the State Board of Education, available online as of July 28, 2008 at http://statelibrary.dcr.state.nc.us/nc/stgovt/article_vii-xiv.htm#IX. See also the website for public schools including the Board and State Superintendent available online as of July 28, 2008 at http://www.ncpublicschools.org/. 5 Ibid. Sections 115C-18 through 21. See also: NC Constitution, Art. III, Section 7, which establishes the Superintendent of Public Schools, available online as of July 28, 2008 at http://statelibrary.dcr.state.nc.us/nc/stgovt/article_iii.htm. 6 Ibid. Section 116-C-1 available online as of July 28, 2008 at http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_116C/GS_116C-1.html. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 2 of 15
  • 3. discussion forum for issues as defined by a Commission agenda set by the Education Cabinet.7 Fiscal and Budgetary Highlights of Education Agencies The General Assembly’s Fiscal Research Division publishes statistical and fiscal information annually about all state agencies including those governing education in its Highlights: Fiscal and Budgetary Action reports. Highlights are available online for 2000 through 2007.8 Statement of Work The Statement of Work is intended as a listing of minimum tasks required of the consultant. Every task must be performed. Consultants may propose additional tasks that add value, but additional tasks may not be substituted for those listed below. 1. After receiving formal “Notice to Proceed” from the Program Evaluation Division, make all necessary off site preparations sufficient for the consultant to execute the project with minimal support from the Program Evaluation Division. Although the Program Evaluation Division may provide some project guidance and limited administrative support, the consultant is expected to provide independent expertise and to independently perform all project management, status reporting, data gathering, analysis, and writing and presentation tasks called for by this RFP. 2. Organize, schedule and facilitate a project entrance conference in the office of the Program Evaluation Division in Raleigh. a. Attendance at the entrance conference is mandatory for the lead consultant and any other consultants who will perform evaluation tasks in North Carolina as listed in the proposal. Others contributing indirectly to the project in a support role may participate by telephone at the sole discretion of the Program Evaluation Division. b. The consultant must invite and assure attendance by all representatives of affected education entities and other key legislative and executive staff identified in consultation with the Program Evaluation Division. 3. Evaluate the organization and management structure of the State Board of Education, State Superintendent of Public Instruction, and Department of Public Instruction. a. Describe and analyze formal and informal roles of the State Superintendent of Public Instruction, the State Board of Education as an entity, individual board members including the Board Chair, and outside state constitutional officers who control or may significantly influence public education policy. The scope shall include but not be limited to relevant constitutional and legal provisions, a review of current organizational reporting relationships both de jure and de facto, and the historical evolution of those relationships. 7 Ibid. Section 116-C-2 available online as of July 28, 2008 at http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_116C/GS_116C-2.html. 8 Available online as of July 28, 2008 at http://www.ncleg.net/fiscalresearch/frd_reports/frd_reports.shtml. Education information in the 2007 edition is provided on pages 25-50. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 3 of 15
  • 4. b. Determine if the governance structure diffuses responsibility and hinders accountability. c. Determine if the State Board of Education members and State Superintendent have effective oversight information such as that provided through a “Balanced Scorecard,” “Dashboard,” or any equivalent system and if the officials use and are satisfied with the information. d. Compare the State Board of Education (board and direct board staff only), State Superintendent (Superintendent and direct staff only), and Department of Public Instruction with peer organizations in other states in terms of scope of authority and responsibilities, total funding, state general funding, staffing, and outputs— controlling for variations in state population, statewide student enrollment, number of school districts, or similar variables. e. Identify any organizational or structural problems within the Department of Public Instruction in the opinion of the consultant that are duplicative, wasteful, or inefficient, impede performance, impede accountability, or create other problems in the opinion of the consultant. i. Determine the cost of any inefficiency of the current organization and management structures. ii. Identify organizational problems that may affect student access, re-entry, and progression within the Pre-K through 12, community college, state university, or workforce training systems. iii. Identify organizational problems that may affect local school districts or other organizations funded or interacting with the Department of Public Instruction. f. Determine if the Department of Public Instruction has an internal accountability and quality management system and if not, what impediments exist. Determine the extent to which the following components exist and are used and useful: i. Measurement of outputs and outcomes (immediate, intermediate, and ultimate) for programs and administrative and other support functions;9 ii. Activity based costing to gauge unit costs of program and support activities for analysis of efficiency and economy; iii. Performance standards, which serve as “stretch” objectives, to gauge quantities of outputs and outcomes and achievement; iv. Quality standards for outputs and outcomes; v. A system for assuring continuous quality improvement of processes; vi. Periodic reviews of effectiveness and efficiency of agency and program operations and service delivery by internal auditors consistent with the 2007 State Internal Audit Act that are above and beyond traditional reviews of internal accounting and managerial controls.10 9 The Governor’s Office of State Budget and Management has initiated a Results Based Budgeting initiative. For reference, see information available on line as of August 5, 2008 at http://www.osbm.state.nc.us/ncosbm/budget/results_based_budgeting.shtm. For Department of Instruction performance measures for general fund programs, see reference 13510 of http://data.osbm.state.nc.us/pls/pbis/dyn_rbbweb_measures.meas_list?p_arg_names=catid&p_arg_values=9999&p_ arg_names=year&p_arg_values=2004. 10 S.L. 2007-424, available on line as of August 5, 2008 at http://www.ncleg.net/EnactedLegislation/SessionLaws/HTML/2007-2008/SL2007-424.html. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 4 of 15
  • 5. g. Identify best practices of State Boards of Education, State Departments of Education, and State Superintendents in other states or similar large organizations, which if implemented would address problems identified through any of the above required tasks. 4. Prepare a written report of findings and recommendations. a. The report must contain a table of contents, an executive summary, and a recommendations recap (see 4.c. vi. below), and a full report of findings and recommendations. b. The consultant must include within the proposed price sufficient resources to reproduce 200 inexpensively-bound, black and white hard copies, a separate PDF executive summary, and a PDF full report including the executive summary. PDF versions may contain color. c. The consultant must assure that findings and recommendations are well- documented and thorough. i. The consultant must maintain working papers and be able to retrieve supporting documentation upon request by the Program Evaluation Division. ii. If the consultant relies upon third party assertions or numerical information originating from state agencies or other outside sources, the consultant must properly cite this information in the report and in working papers. The consultant should be prepared, upon request, to elaborate on and in some cases to defend the underlying reasoning and reliability of any outside information used. iii. The consultant must assure the accuracy and traceability to source(s) of any numerical information, including calculations by the consultant. Traceability must enable the Program Evaluation Division to reconstruct the information by using the consultant’s working papers. iv. Each recommendation must consider potential positive and negative consequences and any necessary recurring and non-recurring investments, and savings. v. The consultant must have or obtain expertise to draft proposed legislation to implement proposed recommendations in the bill draft format specified on the General Assembly web site: http://www.ncleg.net/Legislation/billformat.html. vi. The consultant’s report must contain a recommendations recap in table or equivalent format that would facilitate implementation by legislators and state officials. The recap should encapsulate for each recommendation: 1) Why the action is necessary 2) Which official or governing body should be responsible for action 3) Recommended completion time frames for each action 4) Implementation investments, potential savings, and net savings. Investments and savings should identify whether these are recurring or non-recurring and, if required or achieved in stages, the sequence and date of any investments or savings. 5. Submit a PowerPoint presentation. The presentation, which is intended for the consultant’s use when presenting to legislative committees and other state officials, must be submitted in electronic form to the Program Evaluation Division. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 5 of 15
  • 6. 6. Plan and budget time and resources for presentations to legislative committees and other implementation work. The consultant must allow for a minimum of five (5) separate follow-up trips to Raleigh for presentations or implementation meetings when required by the Program Evaluation Division. The consultant may be requested to perform several presentations during one trip. 7. Commit a substantial portion of work hours by the lead consultant to work on-site. The Program Evaluation Division expects the lead consultant to perform most tasks in Raleigh and to interview agency executives and constitutional officers initially face-to- face. 8. Assure that work is of practical use to the General Assembly. While some recommendations may assist the state education entities, research tasks should produce well-reasoned findings and practical, actionable recommendations of primary benefit to state legislators. The consultant’s client is the Program Evaluation Division of the Legislative Services Commission and not the state education entities under review. Proposing Tasks in Addition to those Specified by the Statement of Work Additional tasks may be proposed but must not be substituted for any tasks specified by the Statement of Work. Additional tasks, if any, must be listed in a separate section of the “Project Staffing, Organization, and Approach” section of the proposal and subtitled “Additional Proposed Tasks.” Added tasks must be explained and justified on the basis of value added. Any proposed additional tasks must also be covered in the Cost Proposal form in the spaces provided for describing the task(s) briefly and assigning hours to any consultants or employees performing the added tasks. The Program Evaluation Division Discourages  Methodologies that depend upon North Carolina legislative or state agency staff for data gathering and compilation  Findings or reporting of problems without corrective action options  Recommendations for administrative or legislative actions without consideration of implementation costs  Recommendations for program expansions, additional funding, or additional state employee positions without offsetting cost savings  Recommendations for follow-up studies by consulting firms  Recommendations that require future investment in “Black Box,” patented, or proprietary processes NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 6 of 15
  • 7. Project Schedule Event Date 1 RFP Released Friday, August 8, 2008 2 Proposals Due 5:00 PM, Wednesday, August 27 , 2008 3 Estimated Contract Award and Notice to Proceed Tuesday, September 9, 2008 4 Written Mid-Project Status Report and Briefing Due to Program Evaluation Division Wednesday, October 8, 2008 5 WORD First Report Draft Submitted to Program Evaluation Division Friday, November 14, 2008 6 Exit Conferences with Affected Entities and Program Evaluation Division Monday-Wednesday, November 17-19, 2008 7 WORD Revised Draft Report and Power Point Presentation Due to Program Evaluation Division Monday, December 1, 2008 8 200 Copies and PDF Version Final Report Due to Program Evaluation Division Friday, December 8, 2008 10 Consultant Presentation to Joint Legislative Program Evaluation Oversight Committee December 2008 TBD 11 Consultant Presentations to Other Legislative Committees and Officials December 2008-July 2009 Status Reports The consultant must deliver a mid-project status report electronically and brief the Program Evaluation Division as specified in the project schedule and in addition make any special status reports by telephone or in person as soon as practical upon the request of the Program Evaluation Division. Required Contents for Proposal Executive Summary The executive summary shall consist of a brief summary of the contents of the proposal. Corporate Background and Experience 1. Full disclosure of any personal or kinship relationships, former employment, previous or current contractual engagement by any individual listed as a member of the consultant team with the North Carolina State Board of Education, State Superintendent of Public Instruction, or Department of Public Instruction. The disclosure must include all relationships or projects including projects performed as a subcontractor or as a volunteer that could be interpreted as a potential conflict of interest by a critical or skeptical observer. Of particular concern would be any state- level North Carolina projects similar to the proposed study performed during the past five years. 2. Background information on submitting firm and any individual listed as a member of the consultant team. 3. Experience closely related to the subject of this Request for Proposal 4. A list of at least three references, including contacts and telephone numbers, for whom similar work has been performed. 5. Samples of work products. 6. Statement of Intent to conform with the State Government Ethics Act, which applies to all consultants performing work on this project. Consultants will be required to complete a brief training program covering requirements of this act conducted by the Research Division of the General Assembly. For specific requirements, see G.S. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 7 of 15
  • 8. 120C-100(6) and G.S. 138-A-3(21) and as summarized on page 11 of this RFP under the Terms and Conditions of Resulting Contract item 5. 7. Statement of financial stability. The contractor must submit a recent financial statement or a statement of assured financial stability signed by an individual or officer who may legally bind the firm. Project Staffing, Organization, and Approach 1. Proposed staffing, deployment, and organization of personnel to be assigned to this project must be described. 2. The contractor shall include résumés of key personnel describing experience with similar projects and the responsibilities to be assigned to each person. The contractor should define clearly what proportion of the work effort and topic areas each key person will perform. 3. The proposal must explain how the study will be planned and organized. The study methodology should be described in narrative, outline, or graphic form, explaining the contractor's approach to accomplishing the tasks outlined in the Statement of Work section of this RFP as well as any additional tasks proposed by the contractor. Additional tasks may be proposed but must not be substituted for any tasks specified by the Statement of Work. Additional tasks, if any, must be listed in a separate section of the “Project Staffing, Organization, and Approach” section of the proposal and subtitled “Additional Proposed Tasks.” Added tasks must be explained and justified on the basis of value added. Any proposed additional tasks must also be covered in the Cost Proposal form in the spaces provided for describing the task(s) briefly and assigning hours to any consultants or employees performing the added tasks. Cost Proposal The cost proposal information must be submitted in the table format as specified in Attachment A to this RFP. An electronic EXCEL version of the form including formulas for use by proposers is also available for download on the General Assembly website or from the Program Evaluation Division. See: http://www.ncleg.net/etc/EducationCostProposalFormNCProgEvalDivRFPAugust82008.xls Failure to submit all required information and calculations in the specified table format may disqualify the proposal. Hourly rates proposed must be comprehensive and must include all professional fees and project expenses. The total of all proposed hours extended by proposed rates must comprise the total requested amount for fees and expenses as shown on the Cost Proposal form. The consultant awarded the contract shall be compensated in a series of amounts during the contract period, each contingent upon submission of acceptable deliverables, which will be specified by contract and will generally correspond to one or more tasks from the Statement of Work and approved additional tasks. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 8 of 15
  • 9. Proposal Submission Process Submit two originals signed and dated by an official authorized to bind the firm, a CD containing an electronic version of the proposal and labeled Proposal for Education Study by Your Firm’s Name and Date and 10 copies of the proposal in a sealed package addressed to: Doris Gilbert Administrative Assistant Program Evaluation Division Suite 100 Legislative Office Building 300 N. Salisbury St. Raleigh, NC, 27603 Phone: 919-301-1402 Proposal Evaluation Process The selection of the contractor shall be determined by a "best value" methodology, with key factors to be considered to include experience of the contractor and any subcontractors with related projects and price. General Conditions Related to Submittal of Proposals 1. Right to Reject The Legislative Services Commission (hereinafter “Commission”) reserves the unqualified right to reject any and all proposals when such rejection is deemed to be in the best interest of the State of North Carolina. 2. Right to Accept Part of Proposal, Negotiate Content and Cost The Commission reserves the right to accept part of any proposal, and to divide any proposal into parts deliverable in stages over an extended time period. The Commission reserves the right to negotiate and alter the content, form, schedule, and deliverables of any proposal or portion of a proposal accepted. The Commission reserves the right to negotiate the cost of any proposal or portion of a proposal accepted. 3. Time for Acceptance Each proposal shall state that it is a firm offer that may be accepted within a period of 30 days from the date of submission. 4. Unsolicited Proposal Changes Any unsolicited change to a proposal that is received after the closing date of this RFP will be rejected. 5. Responsibility to Make Timely Submission The contractor is responsible for assuring the timely delivery of a proposal. Late proposals will be rejected without review. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 9 of 15
  • 10. 6. Cost for Proposal Preparation Any costs incurred by contractors in preparing or submitting offers are the contractor’s sole responsibility. The Commission will not reimburse any contractor for any costs incurred prior to award. 7. 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. 8. Oral Explanations The Commission shall not be bound by oral explanations or instructions given at any time during the competitive process or after award. 9. Confidentiality of Proposals In submitting its proposal the contractor agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the Commission, Legislative Services Office staff, or the Program Evaluation Division until after the award of the contract. 10. Form of Proposal Proposals shall be submitted in a form that, in the opinion of the Commission, may be incorporated verbatim into a contract. 11. Exception to Terms Any exception, interpretation, or suggestion for clarification by the contractor to any of the terms and conditions of this RFP must be clearly stated by the contractor. 12. Competitive Offer Pursuant to G.S. 143-54, and under penalty of perjury, the signer of any proposal submitted in response to this RFP thereby certifies that this proposal has not been arrived at collusively or otherwise in violation of either Federal or North Carolina antitrust laws. 13. Right to Submitted Materials All responses, inquiries, and correspondence relating to or in reference to this RFP shall become the property of the State of North Carolina when received. 14. Contractor’s Representative Each contractor 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 contractor’s proposal. 15. Proprietary Information All contractors’ information submitted in the proposal has the potential to become public information. Contractors are cautioned that any proprietary information contained in the proposal may not be protected as confidential and should not be submitted in response to this RFP. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 10 of 15
  • 11. 16. Historically Underutilized Businesses Pursuant to G.S. 143-48(a), the North Carolina General Assembly invites and encourages participation in this procurement process by small contractors, minority contractors, physically handicapped contractors, and women contractors. 17. Titles Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect. Terms and Conditions of Resulting Contract The following are terms and conditions that will be included in the contract for conducting the project. Other terms and conditions may be added prior to the signing of the contract. 1. Contractor The contract is between the Legislative Services Commission and the selected contractor (hereinafter referred to as “Contractor”). 2. Contract Period The terms of the contract shall begin at its signing and shall end on or before June 30, 2009, unless extended or terminated as provided in this document. 3. Availability of Funds Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the Commission for the purpose set forth in this agreement. 4. Additional Contract Expenses The contract for the project is not a time and materials agreement. Any expenses of the Contractor in addition to those contracted for, or above the contract amount, are the sole responsibility of the Contractor. 5. Applicability of State Government Ethics Act Pursuant to G.S. 120C-100(6) and G.S. 138A-3(21), the Contractor is subject to the ethics requirements of Chapter 138A of the General Statutes (State Government Ethics Act) that are applicable to legislative employees. These ethics requirements include, but are not limited to, the prohibition on the acceptance of most gifts from lobbyists and lobbyists’ principals and the mandatory ethics training required for all legislative employees. Also, if the Contractor is a business entity, the business entity will need to identify the individuals assigned to the project so that these individuals' names can be provided to the State Ethics Commission for inclusion on the list of legislative employees subject to the lobbying laws. The Contractor shall familiarize itself with these and all other requirements of the State ethics law and shall ensure that it and its individual employees comply with these requirements. 6. Governing Law This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 11 of 15
  • 12. 7. Situs The place of this contract, its situs and forum, shall be Raleigh, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined. 8. Termination Upon mutual written agreement of the Commission and the Contractor, the contract may be terminated at any time. Failure to perform by the Contractor may result in termination by the Commission. In addition, the Commission has the right to unilaterally terminate the contract at its discretion with 10 days written notice. In the event of termination, either by mutual consent, or by unilateral action of the Commission, the Contractor will be paid an amount commensurate with work completed, and the Contractor shall deliver all work completed prior to the date of termination. 9. 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 Commission or the Legislative Services Office. 10. Key Personnel The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the Commission. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor’s proposal. 11. 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 Commission. 12. Performance and Default If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner the obligations under this agreement, the Commission shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the Commission, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the Commission for damages sustained by the Commission by virtue of any breach of this agreement, and the Commission may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the Commission from such breach can be determined. In case of default by the Contractor, the Commission may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Neither party shall be deemed to be in default of its obligations thereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 12 of 15
  • 13. insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 13. Bankruptcy Upon the filing for bankruptcy or insolvency by or against the Contractor, the Commission may terminate the contract, and the provisions of paragraph entitled “Performance and Default” shall apply. 14. Performance Bond The Commission may require either a performance bond up to the full amount of the contract or another performance guarantee. 15. Confidentiality The Contractor agrees to protect the confidentiality of any files, data, or other materials provided by the Commission and to restrict their use to the purpose of performing the contract. The Contractor shall comply with the provisions of Article 17 of Chapter 120 of the North Carolina General Statutes regarding confidentiality between the Contractor and members of the General Assembly. For purposes of this contract, employees of the Contractor shall be considered “legislative employees” as defined in G.S. 120-129(2). 16. Care of Property The Contractor shall be responsible for the proper custody and care of any files or other property furnished by the Legislative Services Commission. The Contractor shall take all steps necessary to safeguard any property, including data, files, reports, or other information from loss, destruction, or erasure. Any costs or replacement expenses, or damages resulting from the loss shall be borne by the Contractor when the loss occurred through its negligence. 17. 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. 18. 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 G.S. 147- 64.7. The Contractor shall retain all records for a period of three years following completion of the contract. 19. Transfer or Assignment The contract shall not be transferred or assigned to a third party. 20. Compliance with Laws The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction or authority. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 13 of 15
  • 14. 21. Equal Opportunity Statement The nondiscrimination clause contained in Section 202 Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, age, or national origin, and the rules and regulations prescribed by the Secretary of Labor, are incorporated herein. The program for Employment of the Handicapped (Affirmative Action) Regulations issued by the Secretary of Labor of the United States in Title 20, Part 741, Chapter VI, Subchapter “C” of the Code of Federal Regulations, pursuant to the provisions of Executive Order 11758 and Section 503 of the Federal Rehabilitation Act of 1973, are incorporated herein. 22. Insurance The Contractor shall obtain, pay for, and keep in force, for the duration of the contract, worker’s compensation insurance, as required by the laws of North Carolina, covering all of the Contractor’s employees engaged in any work on the project in the State. 23. Advertising Contractor agrees not to use the results or existence of the contract, or the products produced pursuant to the contract as a part of any news release or commercial advertising without the prior written approval of the Commission. 24. General Indemnity The Contractor shall hold and save the State of North Carolina, its officers, agents, and employees harmless from liability of any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the Contractor provided that the Contractor is notified in writing within 30 days that the State has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of the Contractor's goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 14 of 15
  • 15. Attachment A Cost Proposal: To Download An Electronic Version: http://www.ncleg.net/etc/EducationCostProposalFormNCProgEvalDivRFPAugust82008.xls NC General Assembly Program Evaluation Division RFP Education Governance August 8, 2008 Page 15 of 15