Pervasive Digital Access Network RFP

Page 1 of 69 Rev. 2019/03/27 REQUEST FOR PROPOSAL NO. 69-1162 Offers Due: Responses are due on or before 2:30pm EDT on Wednesday, September 9, 2020. All responses will be publicly opened virtually that same day at 3:00pm EDT via a Zoom meeting, see below. https://uncg.zoom.us/j/6211025810?pwd=QTdWUkY3cHhH YzFIWk9Nd2VMWFpldz09 Meeting ID: 621 102 5810 Issue Date: Monday, August 3, 2020 Refer ALL inquiries regarding this RFP to: Richard R. Fleming, C.P.M. Assistant Director of Purchasing rrflemin@uncg.edu 336-334-3078 phone 336-334-5515 Commodity Number: 4322 – Data Voice, Multimedia Network Equip or Platforms & Accessories Description: Pervasive Digital Access Network Using Agency: UNC Greensboro on behalf of the Technology and Data Institute See page 2 for submission instructions. Requisition No.: TBD OFFER AND ACCEPTANCE: On

behalf of the Technology and Data Institute and the UNC Greensboro Procurement Services department, the State seeks offers for the Services and/or goods described in this solicitation. All offers and responses received shall be treated as offers to contract. The State’s acceptance of any offer must be demonstrated by execution of the acceptance found below, and any subsequent Request for Best and Final Offer, if issued. Acceptance shall create a contract having an order of precedence as follows: Best and Final Offers, if any, Special terms and conditions specific to this RFP, Specifications of the RFP, the Technology and Data Institute Terms and Conditions, and the agreed portion of the awarded Vendor’s offer. EXECUTION: In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within the time specified herein. By executing this offer, I certify that this offer is submitted competitively and without collusion. Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable. OFFEROR: STREET ADDRESS: P.O. BOX: ZIP: CITY, STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER: AUTHORIZED SIGNATURE: DATE: E-MAIL: Offer valid for forty-five (45) days from date of offer opening unless otherwise stated here: ____ days ACCEPTANCE OF OFFER: If any or all parts of this offer are accepted, an authorized representative of the State shall affix their signature hereto and this document and the documents identified above shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the awarded Vendor(s). mailto:rrflemin@uncg.edu Page 2 of 69 Rev. 2019/03/27 FOR STATE USE ONLY Offer accepted and contract awarded this ___ day of _____________________, 20__, as indicated on attached certification, by _____________________________________________ (Authorized representative of the State). SUBMISSION INSTRUCTIONS: Vendors wanting to submit a response to this RFP are required to visit the UNCG website within the Bonfire system using the link indicated below to submit their response electronically. Proposals being submitted by way of mail, fax, telephone, email, or being hand delivered to the UNC Greensboro Procurement Services office will not be accepted. https://uncg.bonfirehub.com/projects/view/29339 Once in the Bonfire portal, Vendors that have never registered with Bonfire system must first register using the “New Vendor Registration” option to register their company. Registration is free and easy. When registering, please be sure to select any UNCPSC codes associated with the Vendor’s business or organization. For Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox, Javascript must be enabled. Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc. Submission materials should be prepared in the file formats listed under Requested Information for this RFP in the Bonfire portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. Quotes, subject to the conditions made a part hereof and the receipt requirements described below, shall be received via the Bonfire link shown above, for furnishing and delivering those items as described herein. Vendors shall deliver via the Bonfire system portal as instructed on the UNCG website within Bonfire the following: • one (1) signed, original executed response to this RFP, including all pages associated with the RFP along with any additional documentation the Vendor wants to include to support their response to the RFP, • Itemized required infrastructure hardware, • Itemized pricing and quantity(ies) for all required installation and confirmation, • Itemized costs associated with construction, including fiber optic installation, • Itemized list of all fees associated with broadband connection services. Copies of proposal files must be uploaded to Bonfire. File contents shall NOT be password protected but shall be in .PDF or .XLS format, and shall be capable of being downloaded and copied to other sources. Attempts to submit a proposal via facsimile (FAX) machine, telephone, email or in-person in response to this RFP shall NOT be accepted. https://uncg.bonfirehub.com/projects/view/29339 https://bonfirehub.zendesk.com/hc Page 3 of 69 Rev. 2019/03/27 SUBMISSION INSTRUCTIONS (cont.) IMPORTANT NOTE: It is the responsibility of the Vendor to have all requested documentation, including the signed quote, submitted to the Bonfire system at or before 2:00pm EDT on Wednesday, September 9, 2020. This is an absolute requirement. The Bonfire system portal for this particular RFP will close exactly at 2:00pm EDT on the scheduled bid opening day indicated above. The actual opening of each response will take place virtually at 3:00pm EDT that same day via Zoom. The Zoom meeting information is shown below. Topic: Pervasive Digital Access Network RFP Bid Opening Time: Sep 9, 2020 03:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://uncg.zoom.us/j/6211025810?pwd=QTdWUkY3cHhHYzFIWk9Nd2VMWFpldz09 Meeting ID: 621 102 5810 Passcode: 812151 One tap mobile +13126266799,,6211025810#,,,,,,0#,,812151# US (Chicago) +16465588656,,6211025810#,,,,,,0#,,812151# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 301 715 8592 US (Germantown) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) Meeting ID: 621 102 5810 Passcode: 812151 Find your local number: https://uncg.zoom.us/u/aURy68ipo It is the responsibility of the Vendor to have the offer submitted by the specified time and date of opening. Offers must be submitted with the Execution page signed and dated by an official authorized to bind the Vendor’s firm. Failure to return a signed offer shall result in disqualification. This RFP is available electronically at https://www.ips.state.nc.us/ips/ as well as on the UNCG Bonfire portal using the https://uncg.bonfirehub.com/projects/view/29339 link. All inquiries regarding the RFP specifications or requirements are to be addressed to the contact person listed on Page 1 of this RFP. NON-RESPONSIVE OFFERS: Vendor offers will be deemed non-responsive by the State and will be rejected without further consideration or evaluation if statements such as the following are included: ● “This offer does not constitute a binding offer”, ● “This offer will be valid only if this offer is selected as a finalist or in the competitive range”, ● “The Vendor does not commit or bind itself to any terms and conditions by this submission”, ● “This document and all associated documents are non-binding and shall be used for discussion purposes only”, ● “This offer will not be binding on either party until incorporated in a definitive agreement signed by authorized representatives of both parties”, or ● A statement of similar intent. https://www.ips.state.nc.us/ips/ https://uncg.bonfirehub.com/projects/view/29339 Page 4 of 69 Rev. 2019/03/27 VENDOR’S LICENSE OR SUPPORT AGREEMENTS: The terms and conditions of the Vendor’s standard services, license, maintenance or other agreement(s) applicable to Services, Software and other Products acquired under this RFP may apply to the extent such terms and conditions do not materially change the terms and conditions of this RFP. In the event of any conflict between the terms and conditions of this RFP and the Vendor’s standard agreement(s), the terms and conditions of this RFP relating to audit and records, jurisdiction, choice of law, the State’s electronic procurement application of law or administrative rules, the remedy for intellectual property infringement and the exclusive remedies and limitation of liability in the DIT Terms and Conditions herein shall apply in all cases and supersede any provisions contained in the Vendor’s relevant standard agreement or any other agreement. The State shall not be obligated under any standard license and/or maintenance or other Vendor agreement(s) to indemnify or hold harmless the Vendor, its licensors, successors or assigns, nor arbitrate any dispute, nor pay late fees, legal fees or other similar costs. DIGITAL IMAGING: The State will digitize the Vendor’s response if not received electronically, and any awarded contract together with associated contract documents. This electronic copy shall be a preservation record and serve as the official record of this solicitation with the same force and effect as the original written documents comprising such record. Any printout or other output readable by sight shown to reflect such record accurately is an "original." URGED & CAUTIONED PRE-BID CONFERENCE: A pre-bid conference webinar will be conducted by the key project stakeholders on Monday, August 17, 2020, from 12:30 – 1:30 via Zoom. Please use the following link to join: https://uncg.zoom.us/j/93009907940?pwd=V1VLQ0k3bkVUK0Fjb2llVElROWtMQT09 This is an Urged & Cautioned Pre-Bid meeting, meaning that a prospective bidder DOES NOT have to attend the meeting in order to still be able to submit a response against the RFP, however, it is highly recommended by the Pervasive Digital Access Network team that all prospective bidders attend this meeting. During the meeting, prospective bidders will the opportunity to obtain greater details regarding this RFP and the project as well as having an opportunity to ask questions. BY QUESTIONS CONCERNING RFP: Written questions concerning this RFP will be received until August 21, 2020 at 12:00pm Eastern Daylight Time. They must be sent via e-mail to: rrflemin@uncg.edu. Please insert “69-1162 - Pervasive Digital Access Network” as the subject for the email. The questions should be submitted in the following format: Citation Vendor Question The State’s Response Offer Section, Page Number The State will prepare responses to all written questions submitted, and post an addendum to the Interactive Purchasing System (IPS) https://www.ips.state.nc.us/ips/ as well as in the Files portion of the UNCG Bonfire website. Oral answers are not binding on the State. Vendor contact regarding this RFP with anyone other than UNCG Purchasing may be grounds for rejection of said Vendor’s offer. ADDENDUM TO RFP: If a pre-offer conference is held or written questions are received prior to the submission date, an addendum comprising questions submitted and responses to such questions, or any additional terms deemed necessary by the State will be posted to the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/, and shall become an Addendum to this RFP. Vendors’ questions posed orally at any pre-offer conference must be reduced to writing by the Vendor and provided to the Purchasing Officer as directed by said Officer. https://uncg.zoom.us/j/93009907940?pwd=V1VLQ0k3bkVUK0Fjb2llVElROWtMQT09 https://www.ips.state.nc.us/ips/ https://www.ips.state.nc.us/ips/ Page 5 of 69 Rev. 2019/03/27 Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this RFP periodically check the State website for any and all Addenda that may be issued prior to the offer opening date. BASIS FOR REJECTION: Pursuant to 9 NCAC 06B.0401, the State reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered; non-compliance with the specifications or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the State; cancellation or other changes in the intended project, or other determination that the proposed specification is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the State. NOTICE TO VENDORS: The State may, but will not be required to evaluate or consider any additional terms and conditions submitted with an Offeror’s response. This applies to any language appearing in or attached to the document as part of the Offeror’s response. By execution and delivery of this Invitation for Offer and response(s), the Offer agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect unless such are specifically accepted by the State. LATE OFFERS: Regardless of cause, late offers will not be accepted and will automatically be disqualified from further consideration. It shall be the Vendor’s sole risk to ensure delivery at the designated office by the designated time. Late offers will not be opened and may be returned to the Vendor at the expense of the Vendor or destroyed if requested. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The NC electronic Vendor Portal (eVP) allows Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and Services available on the Interactive Purchasing System at the following web site: https://www.ips.state.nc.us/ips POINTS OF CONTACT: Contact by the Offeror with the persons shown below for contractual and technical matters related to this RFP is only permitted if expressly agreed to by the procurement officer named on page 2, or upon award of contract: Vendor Contractual Point of Contact Vendor Technical Point of Contact Name: __________________________________ Street: __________________________________ City: ____________________________________ State: __________ Zip: ____________ Attn Assigned Contract Manager: _____________________________________ Name: __________________________________ Street: __________________________________ City: ____________________________________ State: __________ Zip: ____________ Attn Assigned Technical Lead: _____________________________________ https://www.ips.state.nc.us/ips Page 6 of 69 Rev. 2019/03/27 Table of Contents Section Description Page Number I. Introduction ………………………………………………………………………. 7 II. Bidding Information ……………………………………………………………… 8 A. Procurement Schedule …………………………………………………………. 8 B. Instructions to Vendors ………………………………………………………….. 9 C. General Conditions for Proposals ……………………………………………… 9 D. Evaluation Process ……………………………………………………………… 13 III. Technical Proposal ………………………………………………………………. 16 IV. Cost Proposal ……………………………………………………………………. 20 V. Other Requirements and Special Terms ………………………………………. 20 VI. Proposal Content and Organization ……………………………………………. 24 Attachment A: Technology and Data Institute Terms and Conditions …………………. 27 Attachment B: Cost Proposal ……………………………………………………………….. 42 Attachment C: Supplemental Vendor Information ………………………………………… 43 Attachment D: References …………………………………………………………………... 44 Attachment E: Taxpayer Information Request …………………………………………….. 45 Attachment F: K-12 Access Risk Maps ….…………...…………………………………… 46 Attachment: G: 2020 Parent Connectivity Survey ………………………………………… 49 Page 7 of 69 Rev. 2019/03/27 I. Introduction In coordination with the UNC Greensboro Procurement Services department, the purpose of this RFP and any resulting contract award is to solicit offers from qualified companies to assess the needed infrastructure and services associated with the proposed Technology and Data Institute (TDI) Pervasive Digital Access Network. Overview The Technology and Data Institute, a public service consortium of public entities including Guilford County Schools (GCS), the City of Greensboro, Guilford County, North Carolina Agricultural and Technical State University (NC A&T) and University of North Carolina Greensboro (UNCG), was created for the explicit purpose of providing technology and data readiness and capacity to the 12-county Piedmont Triad region of NC. At its core, the TDI is based on the fundamental principle that working together, sharing assets and expertise, enables our region to create business partnerships and economies of scale that we could not individually achieve, and creates opportunity for all within our region to benefit from high quality tech and data infrastructure and services. TDI stakeholders share a common mission to transform the Piedmont into a “smart and connected” region where communities and innovation thrive through shared technology and data. It is our collective vision is to make a state of the art technology infrastructure backbone accessible to the region’s K-12 and higher education institutions, municipalities, community organizations and industry partners and create regional centers of excellence for cyberinfrastructure, data and smart cities that catalyze collaborative research, innovation and workforce development. Page 8 of 69 Rev. 2019/03/27 I. Introduction (cont.) The TDI intends to establish three regional technology, data and service cores: • pervasive high-speed internet access, • shared cloud big data computing architecture, and • an open data collaborative. The Pervasive Digital Access Network Project described in this RFP is explicitly focused on creating a sustainable model for the design, build and operation of the technology infrastructure and services required to deliver pervasive, high quality and easy to use internet access for all pre-K through post- doctoral students in the 12-county Piedmont region of North Carolina. The long-term goals of this project are expected to be achieved in multiple phases over multiple years. This first phase is focused exclusively on the design, build and implementation of an extensible education network (prototype) that addresses areas of highest student connectivity need in Guilford County. Highest need areas are identified as those in which poor or no internet access exists today, or where commodity internet services exist but are not affordable for students’ families in the areas they serve. There are approximately 130,000 students in Guilford County who will directly benefit from the deliverables of this project. The Guilford County School district (GCS) is the third largest public-school system in North Carolina and ranks in the top 55 of the largest districts in the United States. The district supports 10,033 instructional and administrative personnel across 340 schools and administrative buildings and serves 73,007 students who are enrolled in 125 schools in urban, suburban, and rural areas. The district supports 26,000 desktop computers, 19,500 tablets, and 11,600 laptops. North Carolina A&T University, UNC Greensboro and Guilford Technical Community College combined additionally enroll nearly 50,000 students. The underpinning for successful digital learning experiences is reliable, high-speed connectivity, which is widely recognized as a critical component of today’s instructional infrastructure. The Technology and Data Institute (TDI) stakeholders envision a scalable and sustainable technology infrastructure framework that incorporates internet access and reliable connectivity to support the use of mobile learning devices for off-campus student education and engagement at home or remote locations. This project is focused primarily on collaboratively procuring and deploying a private, e-learning network and solutions that work across the Guilford County School district as a model for future deployments in the surrounding 12 county region. II. Bidding Information A. Procurement Schedule The Procurement Manager will make every effort to adhere to the following schedule: Action Responsibility Date Issue of RFP …………………………………………….. UNCG Procurement Services 8/3/2020 Deadline To Submit Written Questions ………………. Potential Vendors 8/21/2020 Response to Written Questions/RFP Amendments … UNCG Procurement Services 8/26/2020 Page 9 of 69 Rev. 2019/03/27 A. Procurement Scheduled (cont.) Submission of Offer …………………………………….. Vendor(s) 9/9/2020 Offer Evaluation …………………………………………. UNCG Evaluation Committee 9/24/2020 Selection of Finalists ……………………………………. UNCG Evaluation Committee 9/25/2020 Oral Presentation and/or Product Demonstrations by Finalists …………………………………………………... Vendors Week of 9/28/2020 Best and Final Offers (BAFO) from Finalists ………… Vendors Week or 10/5/2020 Negotiations (optional) …………………………………. Evaluation Committee designees and selected Vendor(s) Week of 10/12/2020 Contract Award ………………………………………….. UNCG Procurement Services Week of 10/12/2020 Protest Deadline ………………………………………… Vendors 15 days after award B. Instructions to Vendors Additional acronyms, definitions and abbreviations may be included in the text of the RFP. 1) SUBMISSIONS: Offers must be submitted as instructed in the Submission Instructions section on Pages 2. Offers submitted in-person, via third-party delivery (for example UPS,FedEX,DHL, etc), United States Postal Service, email, or via facsimile (FAX) machine will not be accepted. 2) EXECUTION: Failure to sign under EXECUTION section will render offer invalid. 3) PROMPT PAYMENT DISCOUNTS: Vendors 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 Agreement except as a factor to aid in resolving cases of identical prices. 4) 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. 5) VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Electronic Vendor Portal (eVP) allows Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and Services available on the Interactive Purchasing System at the following web site: https://vendor.ncgov.com/vendor/login 6) ORGANIZATION: Vendors are directed to carefully review Section VI herein and fully comply with the content and organizational requirements therein. 7) E-PROCUREMENT: This IS NOT an E-Procurement solicitation. See Section 1, paragraph #38 of the attached North Carolina Department of Information Technology Terms and Conditions Services made part of this solicitation contain language necessary for the implementation of North Carolina’s statewide E-Procurement initiative. It is the Vendor’s responsibility to read these terms and conditions carefully and to consider them in preparing the offer. By signature, the Vendor acknowledges acceptance of all terms and conditions including those related to E-Procurement. https://vendor.ncgov.com/vendor/login Page 10 of 69 Rev. 2019/03/27 a) General information on the E-Procurement service can be found at http://eprocurement.nc.gov/ b) Within two days after notification of award of a contract, the Vendor must register in NC E- Procurement @ Your Service at the following web site: http://eprocurement.nc.gov/Vendor.html c) As of the RFP submittal date, the Vendor must be current on all E-Procurement fees. If the Vendor is not current on all E-Procurement fees, the State may disqualify the Vendor from participation in this RFP. 8) E-VERIFY: Pursuant to N.C.G.S. §143B-1350(k), the State shall not enter into a contract unless the awarded Vendor and each of its subcontractors comply with the E-Verify requirements of N.C.G.S. Chapter 64, Article 2. Vendors are directed to review the foregoing laws. Any awarded Vendor must submit a certification of compliance with E-Verify to the awarding agency, and on a periodic basis thereafter as may be required by the State. 9) RESTRICTIONS ON CONTRACTS WITH THE STATE: Reserved C. General Conditions for Proposals 1) DEFINITIONS, ACRONYMS AND ABBREVIATIONS: Generally, see 9 NCAC 06A.0102 for definitions. The following are additional defined terms: a) 24x7: A statement of availability of systems, communications, and/or supporting resources every hour (24) of each day (7 days weekly) throughout every year for periods specified herein. Where reasonable downtime is accepted, it will be stated herein. Otherwise, 24x7 implies NO loss of availability of systems, communications, and/or supporting resources. b) Deliverables: Deliverables, as used herein, shall comprise all Hardware, Vendor Services, professional Services, Software and provided modifications to any Software, and incidental materials, including any goods, Software or Services access license, data, reports and documentation provided or created during the performance or provision of Services hereunder. Deliverables include "Work Product" and means any expression of Licensor’s findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, enhancements, and other technical information; but not source and object code or software. c) Goods: Includes intangibles such as computer software; provided, however that this definition does not modify the definition of “goods” in the context of N.C.G.S. §25-2-105 (UCC definition of goods). d) NCDIT or DIT: The NC Department of Information Technology, formerly Office of Information Technology Services. e) Open Market Contract: A contract for the purchase of goods or Services not covered by a term, technical, or convenience contract. f) Reasonable, Necessary or Proper: as used herein shall be interpreted solely by the State of North Carolina. g) RFP: Request for Proposal h) The State: Is the State of North Carolina, and its Agencies. i) Vendor: Company, firm, corporation, partnership, individual, etc., submitting an offer in response to a solicitation. 2) READ AND REVIEW: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and comply with all specifications, requirements and the State’s intent as specified herein. If a Vendor discovers an inconsistency, error or omission in this solicitation, the Vendor should request a clarification from the State’s contact person listed on the front page of the solicitation. Questions and clarifications must be submitted in writing and may be submitted by personal delivery, letter, fax or e-mail within the time period identified hereinabove. 3) VENDOR RESPONSIBILITY: The Vendor(s) will be responsible for investigating and recommending the most effective and efficient technical configuration. Consideration shall be given to the stability of the proposed configuration and the future direction of technology, confirming to the best of their ability that the recommended approach is not short lived. Several approaches may exist for hardware http://eprocurement.nc.gov/ http://eprocurement.nc.gov/Vendor.html Page 11 of 69 Rev. 2019/03/27 configurations, other products and any software. The Vendor(s) must provide a justification for their proposed hardware, product and software solution(s) along with costs thereof. Vendors are encouraged to present explanations of benefits and merits of their proposed solutions together with any accompanying Services, maintenance, warranties, value added Services or other criteria identified herein. The Vendor acknowledges that, to the extent the awarded contract involves the creation, research, investigation or generation of a future RFP or other solicitation; the Vendor will be precluded from bidding on the subsequent RFP or other solicitation and from serving as a subcontractor to an awarded vendor. The State reserves the right to disqualify any bidder if the State determines that the bidder has used its position (whether as an incumbent Vendor, or as a subcontractor hired to assist with the RFP development, or as a Vendor offering free assistance) to gain a competitive advantage on the RFP or other solicitation. 4) ELIGIBLE VENDOR: The Vendor certifies that in accordance with N.C.G.S. §143-59.1(b), Vendor is not an ineligible vendor as set forth in N.C.G.S. §143-59.1 (a). 5) ORAL EXPLANATIONS: The State will not be bound by oral explanations or instructions given at any time during the bidding process or after award. Vendor contact regarding this RFP with anyone other than the Agency contact or procurement officer named on Page 2 above may be grounds for rejection of said Vendor’s offer. Agency contact regarding this RFP with any Vendor may be grounds for cancellation of this RFP. 6) INSUFFICIENCY OF REFERENCES TO OTHER DATA: Only information that is received in response to this RFP will be evaluated. Reference to information previously submitted or Internet Website Addresses (URLs) will not suffice as a response to this solicitation. 7) CONFLICT OF INTEREST: Applicable standards may include: N.C.G.S. §§143B-1352 and 143B- 1353, 14-234, and 133-32. The Vendor shall not knowingly employ, during the period of the Agreement, nor in the preparation of any response to this solicitation, any personnel who are, or have been, employed by a Vendor also in the employ of the State and who are providing Services involving, or similar to, the scope and nature of this solicitation or the resulting contract. 8) CONTRACT TERM: A contract awarded pursuant to this RFP shall have an effective date as provided in the Certification of Award. The term shall be one (1) year, and will expire upon the anniversary date of the effective date unless otherwise stated in the Notice of Award, or unless terminated earlier. At its sole discretion, the State retains the option to extend the Agreement on a monthly basis for up to one (1) year after the anniversary date. 9) EFFECTIVE DATE: This solicitation, including any Exhibits, or any resulting contract or amendment shall not become effective nor bind the State until the appropriate State purchasing authority/official or Agency official has signed the document(s), contract or amendment; the effective award date has been completed on the document(s), by the State purchasing official, and that date has arrived or passed. The State shall not be responsible for reimbursing the Vendor for goods provided nor Services rendered prior to the appropriate signatures and the arrival of the effective date of the Agreement. No contract shall be binding on the State until an encumbrance of funds has been made for payment of the sums due under the Agreement. 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 goods purchased. However, no sacrifice in quality of packaging will be acceptable. The Vendor remains responsible for providing packaging that will protect the commodity and contain it for its intended use. Vendors are strongly urged to bring to the attention of the purchasers at the NCDIT Statewide IT Procurement Office those products or packaging they offer which have recycled content and that are recyclable. Page 12 of 69 Rev. 2019/03/27 11) HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to N.C.G.S. §§143B-1361(a), 143-48 and 143-128.4 and any applicable Executive Order, 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. Additional information may be found at: http://ncadmin.nc.gov/businesses/hub/. The Vendor must complete and return with the response to this RFP ATTACHMENT C: SUPPLEMENTAL VENDOR INFORMATION on page 43. 12) CLARIFICATIONS/INTERPRETATIONS: Any and all amendments or revisions to this document shall be made by written addendum from the DIT Procurement Office. Vendors may call the purchasing agent listed on the first page of this document to obtain a verbal status of contract award. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 13) RIGHTS RESERVED: While the State has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the State, or the procuring Agency, to award a contract. Upon determining that any of the following would be in its best interests, the State may: a) waive any formality; b) amend the solicitation; c) cancel or terminate this RFP; d) reject any or all offers received in response to this RFP; e) waive any undesirable, inconsequential, or inconsistent provisions of this RFP; f) if the response to this solicitation demonstrate a lack of competition, negotiate directly with one or more Vendors; g) not award, or if awarded, terminate any contract if the State determines adequate University funds are not available; or h) if all offers are found non-responsive, determine whether Waiver of Competition criteria may be satisfied, and if so, negotiate with one or more known sources of supply. 14) ALTERNATE OFFERS: The Vendor may submit alternate offers for various levels of service(s) or products meeting specifications. Alternate offers must specifically identify the RFP specifications and advantage(s) addressed by the alternate offer. Any alternate offers must be clearly marked with the legend as shown herein. Each offer must be for a specific set of Services or products and offer at specific pricing. If a Vendor chooses to respond with various service or product offerings, each must be an offer with a different price and a separate RFP offer. Vendors may also provide multiple offers for software or systems coupled with support and maintenance options, provided, however, all offers must satisfy the specifications. Alternate offers must be clearly marked “Alternate Offer for ‘name of Vendor’” and numbered sequentially with the first offer if separate offers are submitted. This legend must be in bold type of not less than 14-point type on the face of the offer, and on the text of the alternative offer. 15) CO-VENDORS: Vendors may submit offers as partnerships or other business entities. Such partners or other “co-Vendors”, if any, shall disclose their relationship fully to the State. The State shall not be obligated to contract with more than one Vendor. Any requirements for references, financial statements or similar reference materials shall mean all such partners or co-Vendors. http://ncadmin.nc.gov/businesses/hub/ Page 13 of 69 Rev. 2019/03/27 16) SUBMITTING AN OFFER: Each Vendor submitting an offer warrants and represents that: a) The offer is based upon an understanding of the specifications and requirements described in this RFP. b) Costs for developing and delivering responses to this RFP and any subsequent presentations of the offer as requested by the State are entirely the responsibility of the Vendor. The State is not liable for any expense incurred by the Vendors in the preparation and presentation of their offers. 17) SUBMITTED MATERIALS: All materials submitted in response to this RFP become the property of the State and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the State and the Vendor resulting from this RFP process. 18) MODIFICATIONS TO OFFER: An offer may not be unilaterally modified by the Vendor. D. Evaluation Process 1) SOURCE SELECTION: A trade-off/ranking method of source selection will be utilized in this procurement to allow the State to award this RFP to the Vendor providing the Best Value, and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against other non-price factors. a) The evaluation committee may request clarifications, an interview with or presentation from any or all Vendors as allowed by 9 NCAC 06B.0307. However, the State may refuse to accept, in full or partially, the response to a clarification request given by any Vendor. Vendors are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms. Vendors should be prepared to send qualified personnel to Greensboro, North Carolina, to discuss technical and contractual aspects of the offer. b) Evaluation Process Explanation. University employees will review all offers. All offers will be initially classified as being responsive or non-responsive. If an offer is found non-responsive, it will not be considered further. All responsive offers will be evaluated based on stated evaluation criteria. Any references in an answer to another location in the RFP materials or Offer shall have specific page numbers and sections stated in the reference. c) To be eligible for consideration, a Vendor’s offer must substantially conform to the intent of all specifications. Compliance with the intent of all specifications will be determined by the State. Offers that do not meet the full intent of all specifications listed in this RFP may be deemed deficient. Further, a serious deficiency in the offer to any one factor may be grounds for rejection regardless of overall score. d) Vendors are advised that the State is not obligated to ask for, or accept after the closing date for receipt of offer, data that is essential for a complete and thorough evaluation of the offer. 2) BEST AND FINAL OFFERS (BAFO): If negotiations or subsequent offers are solicited, the Vendors shall provide BAFOs in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The State may establish a competitive range based upon evaluations of offers, and request BAFOs from the Vendors within this range; e.g. “Finalist Vendors”. The State will evaluate BAFOs and add any additional weight to the Vendors’ respective offer. Additional weight awarded from oral presentations and product demonstrations during negotiations, if any, will be added to the previously assigned weights to attain their final ranking. Page 14 of 69 Rev. 2019/03/27 3) EVALUATION CRITERIA: Each of the criteria below shall be evaluated in accordance with the solicitation documents: i. Qualifications & Experience Does the response include sufficient documentation that the company has the prerequisite experience required to execute the scope of work? That includes the experience and skills required to: 1. Thorough assessment activities, gather detailed requirements and manage large- scale implementation projects 2. Based from the assessment results, audit required equipment 3. Advise on the strategic placement and implementation of required/recommended equipment. ii. Sustainability – from the results of the assessment, was the appropriate information provided detailing the sustainability of the recommended equipment as well as the projected sustainability cost model? iii. Population Reached – from the results of the assessment, was information provided as to what size population the recommended solution would accommodate? iv. References – Strength of References Relevant or Material to Technology Area(s) or Specifications 1. Do the references for the company indicate that they have successfully delivered infrastructure and/or network projects? 2. Are the references relative to a similar size and scope of work, technical requirements, and infrastructure/network components? 3. Can the references verify that the company sufficiently and consistently employed best practices in their project(s)? v. Other 1. Were all requirements of the RFP process met in the response from the company? 2. Was the proposal high-quality in terms of its content and presentation? 3. Does the proposal address all of the areas outlined in the scope of work? vi. Cost 1. A price score/index will be calculated using the formula: 100 x (0.20 x (Lowest Price / Vendor’s Price)) = Cost Score / Index 4) PAST PERFORMANCE: The Vendor may be disqualified from any evaluation or award if the Vendor or any key personnel proposed, has previously failed to perform satisfactorily during the performance of any contract with the State, or violated rules or statutes applicable to public bidding in the State. Page 15 of 69 Rev. 2019/03/27 5) EVALUATION METHOD: The State, on behalf of the TDI, will use the Weighted Score ranking method to evaluate proposals. Pre-Best And Final Offer (BAFO) Scoring Qualifications and Experience .…………………………………………………………………………….. Is the company’s skills, knowledge, relevant past work, relevant experience and selected team for this project sufficient to complete this project correctly, on-time and on-budget? 10% Sustainability …………………………………………………………………………………………………. Will the proposed equipment accomplish the goals and fulfill all requirements of the RFP? Does the proposal present proof that the equipment will operate over the course of the required period without any malfunction? Does the proposal demonstrate a long-term financial operating model? 10% Proposal Presentation ………………………………………………………………………………………. Is the approach of the submitted proposal specified in a concise, clear manner? Will the requirement be completed in a timely manner? 15% Population Reached ………………………………………………………………………………………… 30% References (see instructions below) ……..…..…………………………………………………………… 10% Other ………………………………………………………………………………………………………….. Did the bidder follow instructions? Did the bidder provide all requested information? Did the bidder return all pages associated with the RFP? 5% SUBTOTAL 80% Scoring with BAFO (see paragraph below) Total Cost……………………………………………………………………………………………………. 20% GRAND TOTAL 100% ● REFERENCES: The Vendor must complete and return with the response to this RFP ATTACHMENT D on page 44 providing a minimum of three and no more than six references from previous work of similar size and scope. Using previous work with UNCG cannot be included as a reference. Any information that is determined to be inaccurate or incorrect, such as an e-mail address that bounces back, will result in that reference being scored with zero (0) points. Vendor can handwrite in the requested information using ATTACHMENT D or indicate the information on a separate sheet of paper included as the next page immediately following ATTACHMENT D. The handwriting must be legible. ● BAFO: UNCG Purchasing will issue the BAFO to the companies scoring in the top two or three positions within the Scoring Matrix. The cost associated with the BAFO shall replace the initial RFP response cost in the Scoring Matrix and the BAFO cost will be the cost factor included in determining the company that the RFP will be awarded to. Page 16 of 69 Rev. 2019/03/27 6) INTERACTIVE PURCHASING SYSTEM (IPS): The State has implemented links to the Interactive Purchasing System (IPS) that allow the public to retrieve offer award information electronically from our Internet web site: https://www.ips.state.nc.us/ips/. Click on the IPS BIDS icon, click on Search for BID, enter the Agency prefix-offer number 69-1162, and then search. This information may not be available for several weeks dependent upon the complexity of the acquisition and the length of time to complete the evaluation process. 7) PROTEST PROCEDURES: Protests of awards exceeding $25,000 in value must be submitted to the issuing Agency at the address given on the first page of this document. Protests must be received in this office within fifteen (15) calendar days from the date of this RFP award and provide specific reasons and any supporting documentation for the protest. All protests will be governed by Title 9, Department of Information Technology (formerly Office of Information Technology Services), Subchapter 06B Sections .1101 - .1121. III. Technical Proposal 1) ENTERPRISE STRATEGIES, SERVICES, AND STANDARDS: Agencies and Vendors should refer to the Vendor Resources Page for information on North Carolina Information Technology enterprise services, security policies and practices, architectural requirements, and enterprise contracts. The Vendor Resources Page can be found at the following link: https://it.nc.gov/vendor-engagement- resources. This site provides vendors with statewide information and links referenced throughout the RFP document. Agencies may request additional information. 2) ARCHITECTURE DIAGRAMS DEFINED: The State utilizes diagrams to better understand the design and technologies of a proposed solution. The architecture diagrams required at offer submission can be found at the following link: https://it.nc.gov/architectural-artifacts. There may be additional architectural diagrams requested of the vendor after contract award. This will be communicated to the vendor by the agency as needed during the project. The additional diagrams can be found at the link above. 3) VIRTUALIZATION: RESERVED 4) NCID: The proposed solution must externalize identity management and will be required to utilize the North Carolina Identity Service (NCID) for the identity management and authentication related functions performed by this application. NCID is the State's enterprise identity management (IDM) service. It is operated by the North Carolina Department of Information Technology. Additional information regarding this service can be found in the DIT Service Catalog at: http://it.nc.gov/it- services (see Identity Management - NC Identity Management under the main menu item Application Services) and the NCID Web site at: https://it.nc.gov/ncid/. 5) CLOUD SERVICE PROVIDERS (CSPs): NOT RELEVANT TO THIS RFP 6) SOLUTIONS NOT HOSTED ON STATE INFRASTRUCTURE: NOT RELEVANT TO THIS RFP 7) EQUIVALENT ITEMS: Whenever a material, article or piece of equipment is identified in the specification(s) by reference to a manufacturer’s or Vendor’s name, trade name, catalog number or similar identifier, it is intended to establish a standard for determining substantial conformity during evaluation, unless otherwise specifically stated as a brand specific requirement (no substitute items will be allowed). Any material, article or piece of equipment of other manufacturers or Vendors shall perform to the standard of the item named. Equivalent offers must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. Samples of items, if required, shall be furnished at no expense to the State and if not destroyed in the evaluation process, may be returned to the Vendor at the Vendor’s expense. https://www.ips.state.nc.us/ips/ https://it.nc.gov/vendor-engagement-resources https://it.nc.gov/vendor-engagement-resources https://it.nc.gov/architectural-artifacts http://it.nc.gov/it-services http://it.nc.gov/it-services https://it.nc.gov/ncid/ Page 17 of 69 Rev. 2019/03/27 8) LITERATURE: All offers shall include specifications and technical literature sufficient to allow the State to determine that the proposed solution substantially meets all specifications. This technical literature will be the primary source for evaluation. If a specification is not addressed in the technical literature it must be supported by additional documentation and included with the offer. Offer responses without sufficient technical documentation may be rejected. 9) EQUIVALENT GOODS: The State may, in its sole discretion, investigate any substitute or equivalent goods irrespective of any representation made by a Vendor or manufacturer. 10) DEVIATION FROM SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly identified as an exception and listed on a separate page labeled “Exceptions to Specification.” Any deviations shall be explained in detail. The Vendor shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable. Offers of alternative or non-equivalent goods or services may be rejected if not found substantially conforming; and if offered, must be supported by independent documentary verification that the offer substantially conforms to the specified goods or services specification. 11) TECHNICAL SPECIFICATIONS: Means, as used herein, a specification that documents the requirements of a system or system component. It typically includes functional requirements, performance requirements, interface requirements, design requirements, development standards, maintenance standards, or similar terms. Substantial conformity with technical specifications is required. SCOPE OF WORK: Overview This project is focused primarily on collaboratively procuring and deploying a private, e-learning network and solutions that work across the Guilford County School district (GCS) as a model for future deployments in the surrounding 12 county region. This RFP seeks proposals for full wireless connectivity of the entire Guilford County School’s student population to sustain ongoing and expanded e-learning curriculum. In conjunction with the ongoing deployment of eduRoam across existing wireless networks sites that include GCS, the City of Greensboro, NC A&T, UNCG, and Guilford Technical Community College, the proposed platform is intended to establish learning beyond the classroom with virtual capabilities and access that provides a rich multimedia experience combined with a simplified management approach. The ideal solution(s) will ensure schools can provide all students with internet access that is tuned to support e-Learning, is CIPA compliant, restricts personal internet usage (i.e., gaming, streaming movies, non-curriculum content), and utilizes eduRoam to provide simple and consistent wireless network access. The intent of presenting a comprehensive project is to ensure a set of procurement processes that are solution-based, timely, cost effective, efficient, and in accordance with required security and usage policies. The first priority is to design, build and implement an extensible education network (prototype) that addresses areas of highest student connectivity need in Guilford County. Highest need areas are identified as those in which poor or no internet access exists today, or where commodity internet services exist but are not affordable for students’ families in the areas they serve. The goal of this project is to eliminate technical barriers that hinder many GCS students’ access to quality education in an e-Learning environment, otherwise known as the “Homework Gap.” The Homework Gap remains a long-standing critical issue for our community that has recently been exacerbated by the subsequent, rapid shift to e-Learning due to the “social Page 18 of 69 Rev. 2019/03/27 SCOPE OF WORK (cont.): distancing” orders associated with the COVID-19 pandemic. Many Guilford County students need our help. Historically, GCS has standardized the provision of desktop machines for staff and student learning devices. This has created a lack of mobile technologies to support e-Learning. While the district is in the process of procuring additional mobile learning devices for staff and students, it is estimated that a large population of students lack access to high-speed internet connectivity (see ATTACHMENT G: 2020 Parent Connectivity Survey (PCS)). The major factors that negatively impact the lack of access include systemic racism, educational and income inequities, as well as the geographic location of the home. The PCS suggests that 41 percent of Black students and 35 percent of students living in poverty had either no internet access or only dial-up access at home. Students living in households in remote and rural areas generally have significantly reduced access to broadband Internet. Students without home internet access have lower assessment scores in reading, mathematics, and science across a range of national and international assessments” (KewalRamani, et al., 2018, p. xv). Even after implementing the various subsidized and unsubsidized connectivity programs available to K-12 schools, many students are still without a connection. To close this gap and provide all students with an equitable opportunity for education, our school corporations need reliable, cost-effective solutions for providing adequate and managed e-learning connectivity directly to each student. The TDI stakeholders recognize that there are many combinations of infrastructure and services that can be leveraged to accomplish the project objectives and we want to be clear that we do not have a pre-conceived solution design in mind. We are seeking innovative vendor partners who will bring creative and fresh ideas for development of a comprehensive solution that will result in a sustainable (permanent) education network that is accessible to all of the students in our region at no cost to the students or their families. We are seeking revolutionary thought leadership from a vendor partner who will work with us in exploring potential models for infrastructure ownership, long-term service provisioning, ongoing subsidization of operational costs and other sustainability considerations. Partners who are a good fit for us will share our deep commitment to eliminating the digital divide by deploying solutions that deliver equitable access for all. The TDI combined stakeholders have a significant amount of technology infrastructure assets already in place that will be leveraged to accomplish the goals of this project. No recommendations are off the table for consideration, provided they create a viable path to a pervasive, sustainable education network for our region. This RFP seeks proposals from partners who will identify and supply/build and/or operate/maintain the necessary infrastructure required to support full wireless connectivity for the entire GCS pre-K through 12 student population. We have a known high-risk student population that does not have access to internet connectivity and this project will prioritize access for this population. Proposals that include a phased approach must provide a project plan that addresses each phase of the project. TDI expects that this purchase will result in: (a) early, high- priority delivery of high-speed, broadband connectivity; (b) more efficient and transparent processes; (c) lower costs that result in the efficient use of public funds; (d) access to additional funding streams; and (e) uniform compatibility with the future network solutions. Page 19 of 69 Rev. 2019/03/27 SCOPE OF WORK (cont.): Pervasive Digital Access Network Solutions Guidance Solutions proposed should consider the following: • The solutions should identify strategic locations for deployment that prioritize students in Guilford County without sufficient broadband access for online learning. • The solutions must allow for reasonable ease of deployment and must plan for validation and connection by the beginning of the 2021-2022 school year. The in-service date will be no later than July 16th, 2021. Validation of the equipment and network set up will be conducted at least 2 months prior to the in-service date. • The solutions response shall clearly spell out: hardware pricing, annual operation and maintenance costs (if applicable), bulk price breaks, contract requirements (if applicable) including length and severability, along with any other restrictions and/or stipulations. • The solutions shall clearly state the lead-time, and associated roll-out timing (including any required activation/validation) with a detailed Gantt chart and milestones. • The solutions ideally should allow for open format (unlocked/non provider specific/ software defined); if hardware is carrier specific this must be stated. • Solutions must allow for the district and individual schools to govern, monitor, and limit access to only e-learning and/or approved content and must be fully CIPA compliant. Proposal must clearly stipulate the type of access and any available/optional controls. • The solutions should allow for a zero-touch provisioning system and remote device administration (i.e., configuring SSIDs). • The solutions should meet the FCC definition of a broad-band connection, with nominal data connection speeds of at least 25Mbps/3Mbps, along with at least 20GB per line/device to support high-throughput activities associated with comprehensive e-learning curricula. • The solution(s) response should note any methods to track performance to better optimize eLearning curriculum delivery. • The solutions should consider compatibility with existing WiFi and planned devices utilized by GCS (see attached for list). Any device restrictions should be stated. • The wireless solution must utilize eduRoam as the wireless SSID and access mechanism. • 5G network compatibility/readiness should be clearly defined. • Roaming end-user capability across the already deployed eduRoam networks should exist, allowing for students to use resources anywhere on the overall series of network. • Solutions shall clearly designate the deployment; validation; ongoing service responsibility; and network management expectations including expectation, roles, and responsibilities. • A coverage map showing anticipated coverage areas. • A network layout with description of the hardware, range, expectations, and infrastructure requirements (ie power, connections, end user devices). • Any parallel opportunities for usage of the network for related commercial services by schools. • Clearly list any project and/or technology partners/providers. • Phased project plans are encouraged and should first include wireless access at strategic community anchor locations. Proposed Solutions Pricing Guidance Proposal pricing should include the following: • A break-out of hardware, associated capital expenditure, annual operational and management costs, warranty options, and any associated termination fees (if applicable). • Expected useful life of the network and warranty(ies). • Recommended network refresh model and associated financial implications. • If applicable, the cost for filters, management, or internet content control. Page 20 of 69 Rev. 2019/03/27 SCOPE OF WORK (cont.): • Clear explanation of any time-restricted discounts that may be tied to COVID-19 and or vendor pricing incentives. • Timeline for procurement noting any anticipated supply chain delays. • Solutions eligibility for any Federal/State/Local incentives, for example Federal E-Rate funding, USDOE grants, among others. • Description of how any pricing may be impacted by income levels of student families (i.e., percentage of students on free and reduced lunch or families on SNAP). • Additional opportunities for commercial utilization of network assets for cost offset. • Pricing should be structured for (30,000); (50,000); (100,000); and (150,000) end user devices. • Any fiber infrastructure construction and other estimated costs should be included. Responses must include the following information in table format: name of site, justification for site, proposed overall site bandwidth, estimated number of students served, and cost for deployment. 12) OTHER FORMS: NOT REQUIRED FOR THIS RFP IV. Cost Proposal 1) OFFER COSTS: The Vendor must complete and include with the response to this RFP the Cost Proposal indicated in ATTACHMENT B: COSTS on page 42. 2) PAYMENT PLAN PROPOSAL: NOT RELEVANT TO THIS RFP 3) ALTERNATIVE COST RESPONSE: Vendors who propose an Alternative cost response must submit a separate document labeled “ALTERNATIVE COST RESPONSE”. V. Other Requirements and Special Terms 1) VENDOR UTILIZATION OF WORKERS OUTSIDE U.S.: In accordance with N.C.G.S. §143B- 1361(b), the Vendor must detail the manner in which it intends to utilize resources or workers in the RFP response. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award for any such Vendor’s offer. The Vendor shall provide the following for any offer or actual utilization or contract performance: a) The location of work performed under a state contract by the Vendor, any subcontractors, employees, or other persons performing the Agreement and whether any of this work will be performed outside the United States b) The corporate structure and location of corporate employees and activities of the Vendors, its affiliates or any other subcontractors c) Notice of the relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing Services under a state contract outside of the United States d) Any Vendor or subcontractor providing call or contact center Services to the State shall disclose to inbound callers the location from which the call or contact center Services are being provided Will any work under the Agreement be performed outside the United States? Where will Services be performed: __________________________________________ YES__________ NO_________ 2) SPECIAL TERMS AND CONDITIONS: NOT APPLICABLE TO THIS RFP 3) FINANCIAL STATEMENTS: The State must determine that a Vendor has sufficient financial resources to perform. GS 143B-1350(h1). The Vendor shall provide evidence of financial stability with its response to this RFP as further described hereinbelow. As used herein, Financial Statements shall exclude tax returns and compiled statements. Page 21 of 69 Rev. 2019/03/27 3) FINANCIAL STATEMENTS: (CONT.) a) For a publicly traded company, Financial Statements for the past three (3) fiscal years, including at a minimum, income statements, balance sheets, and statement of changes in financial position or cash flows. If three (3) years of financial statements are not available, this information shall be provided to the fullest extent possible, but not less than one year. If less than 3 years, The Vendor must explain the reason why they are not available. b) For a privately held company, when certified audited financial statements are not prepared: a written statement from the company’s certified public accountant stating the financial condition, debt-to-asset ratio for the past three (3) years and any pending actions that may affect the company’s financial condition. c) The State may, in its sole discretion, accept evidence of financial stability other than Financial Statements for the purpose of evaluating Vendors’ responses to this RFP. The State reserves the right to determine whether the substitute information meets the requirements for Financial Information sufficiently to allow the State to evaluate the sufficiency of financial resources and the ability of the business to sustain performance of this RFP award. Scope Statements issued may require the submission of Financial Statements and specify the number of years to be provided, the information to be provided, and the most recent date required. 4) DISCLOSURE OF LITIGATION: Although the State prefers that all work be completed by the Vendor, it is understood that the Vendor might need to utilize subcontractors from time to time during the term of the contract. The Vendor understands that all communication from UNCG will be directed to the Vendor and the Vendor will have the responsibility of managing the subcontractor, should one be utilized at any point during the term of the contract. The Vendor’s failure to fully and timely comply with the terms of this section, including providing reasonable assurances satisfactory to the State, may constitute a material breach of the Agreement. a) The Vendor shall notify the State in its offer, if it, or any of its subcontractors, or their officers, directors, or key personnel who may provide Services under any contract awarded pursuant to this solicitation, have ever been convicted of a felony, or any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception. The Vendor shall promptly notify the State of any criminal litigation, investigations or proceeding involving the Vendor or any subcontractor, or any of the foregoing entities’ then current officers or directors during the term of the Agreement or any Scope Statement awarded to the Vendor. b) The Vendor shall notify the State in its offer, and promptly thereafter as otherwise applicable, of any civil litigation, arbitration, proceeding, or judgments against it or its subcontractors during the three (3) years preceding its offer, or which may occur during the term of any awarded to the Vendor pursuant to this solicitation, that involve (1) Services or related goods similar to those provided pursuant to any contract and that involve a claim that may affect the viability or financial stability of the Vendor, or (2) a claim or written allegation of fraud by the Vendor or any subcontractor hereunder, arising out of their business activities, or (3) a claim or written allegation that the Vendor or any subcontractor hereunder violated any federal, state or local statute, regulation or ordinance. Multiple lawsuits and or judgments against the Vendor or subcontractor shall be disclosed to the State to the extent they affect the financial solvency and integrity of the Vendor or subcontractor. c) All notices under subsection A and B herein shall be provided in writing to the State within thirty (30) calendar days after the Vendor learns about any such criminal or civil matters; unless such matters are governed by the DIT Terms and Conditions annexed to the solicitation. Details of settlements which are prevented from disclosure by the terms of the settlement shall be annotated as such. Vendor may rely on good faith certifications of its subcontractors addressing the foregoing, which certifications shall be available for inspection at the option of the State. 5) CRIMINAL CONVICTION: RESERVED Page 22 of 69 Rev. 2019/03/27 6) SECURITY AND BACKGROUND CHECKS: RESERVED 7) ASSURANCES: RESERVED 8) CONFIDENTIALITY OF DATA AND INFORMATION: RESERVED 9) PROJECT MANAGEMENT: All project management and coordination on behalf of the Agency shall be through a single point of contact designated as the Agency Project Manager. The Vendor shall designate a Vendor Project Manager who will provide a single point of contact for management and coordination of the Vendor’s work. All work performed pursuant to the Agreement shall be coordinated between the Agency Project Manager and the Vendor Project Manager. 10) MEETINGS: The Vendor is required to meet with Agency personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement. Meetings will occur as problems arise and will be coordinated by Agency. The Vendor will be given reasonable and sufficient notice of meeting dates, times, and locations. Face to face meetings are desired. However, at the Vendor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two (2) consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the Agreement. 11) STOP WORK ORDER: The State may issue a written Stop Work Order to Vendor for cause at any time requiring Vendor to suspend or stop all, or any part, of the performance due under the Agreement for a period up to ninety (90) days after the Stop Work Order is delivered to the Vendor. The ninety (90) day period may be extended for any further period for which the parties may agree. a) The Stop Work Order shall be specifically identified as such and shall indicate that it is issued under this term. Upon receipt of the Stop Work Order, the Vendor shall immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the work covered by the Stop Work Order during the period of work suspension or stoppage. Within a period of ninety (90) days after a Stop Work Order is delivered to Vendor, or within any extension of that period to which the parties agree, the State shall either: i) Cancel the Stop Work Order, or ii) Terminate the work covered by the Stop Work Order as provided for in the termination for default or the termination for convenience clause of the Agreement. b) If a Stop Work Order issued under this clause is canceled or the period of the Stop Work Order or any extension thereof expires, the Vendor shall resume work. The State shall make an equitable adjustment in the delivery schedule, the Agreement price, or both, and the Agreement shall be modified, in writing, accordingly, if: i) The Stop Work Order results in an increase in the time required for, or in the Vendor’s cost properly allocable to the performance of any part of the Agreement, and ii) The Vendor asserts its right to an equitable adjustment within thirty (30) days after the end of the period of work stoppage; provided that if the State decides the facts justify the action, the State may receive and act upon an offer submitted at any time before final payment under the Agreement. c) If a Stop Work Order is not canceled and the work covered by the Stop Work Order is terminated in accordance with the provision entitled Termination for Convenience of the State, the State shall allow reasonable direct costs resulting from the Stop Work Order in arriving at the termination settlement. d) The State shall not be liable to the Vendor for loss of profits because of a Stop Work Order issued under this term. Page 23 of 69 Rev. 2019/03/27 12) TRANSITION ASSISTANCE: If the Agreement is not renewed at the end of this term, or is canceled prior to its expiration, for any reason, the Vendor must provide for up to six (6) months after the expiration or cancellation of the Agreement, all reasonable transition assistance requested by the State, to allow for the expired or canceled portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Services to the State or its designees. Such transition assistance will be deemed by the parties to be governed by the terms and conditions of the Agreement, (notwithstanding this expiration or cancellation) except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The State shall pay the Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Agreement for Contract performance. If the State cancels the Agreement for cause, then the State will be entitled to off set the cost of paying the Vendor for the additional resources the Vendor utilized in providing transition assistance with any damages the State may have otherwise accrued as a result of said cancellation. 13) TERM EXTENSIONS: At its sole discretion, the State retains the option to extend the Agreement on a monthly basis for up to one (1) year after the anniversary date. 14) FINANCIAL RESOURCES ASSESSMENT, QUALITY ASSURANCE, PERFORMANCE AND RELIABILITY: a) Pursuant to N.C.G.S. §143B-1350(h)(1), Agencies must conduct a risk assessment, including whether the Vendor has sufficient financial resources to satisfy the agreed upon limitation of liability prior to the award of a contract with Vendor. b) Contract Performance Security. The State reserves the right to require performance guaranties pursuant to N.C.G.S. §143B-1340(f) and 09 NCAC 06B.1207 from the Vendor without expense to the State. c) Project Assurance, Performance and Reliability Evaluation – Pursuant to N.C.G.S. §143B-1340, the State CIO may require quality assurance reviews of Projects as necessary. 15) UNANTICIPATED TASKS: In the event that additional work must be performed that was wholly unanticipated, and that is not specified in the Agreement, but which in the opinion of both parties is necessary to the successful accomplishment of the contracted scope of work, the procedures outlined in this article will be followed. For each item of unanticipated work, the Vendor shall prepare a work authorization in accordance with the State’s practices and procedures. a) It is understood and agreed by both parties that all of the terms and conditions of the Agreement shall remain in force with the inclusion of any work authorization. A work authorization shall not constitute a contract separate from the Agreement, nor in any manner amend or supersede any of the other terms or provisions of the Agreement or any amendment hereto. b) Each work authorization shall comprise a detailed statement of the purpose, objective, or goals to be undertaken by the Vendor, the job classification or approximate skill level or sets of the personnel required, an identification of all significant material then known to be developed by the Vendor’s personnel as a Deliverable, an identification of all significant materials to be delivered by the State to the Vendor’s personnel, an estimated time schedule for the provision of the Services by the Vendor, completion criteria for the work to be performed, the name or identification of Vendor’s personnel to be assigned, the Vendor’s estimated work hours required to accomplish the purpose, objective or goals, the Vendor’s billing rates and units billed, and the Vendor’s total estimated cost of the work authorization. c) All work authorizations must be submitted for review and approval by the procurement office that approved the original Contract and procurement. This submission and approval must be completed prior to execution of any work authorization documentation or performance thereunder. All work authorizations must be written and signed by the Vendor and the State prior to beginning work. Page 24 of 69 Rev. 2019/03/27 15) UNANTICIPATED TASKS (cont.) d) The State has the right to require the Vendor to stop or suspend performance under the “Stop Work” provision of the North Carolina Department of Information Technology Terms and Conditions. e) The Vendor shall not expend Personnel resources at any cost to the State in excess of the estimated work hours unless this procedure is followed: If, during performance of the work, the Vendor determines that a work authorization to be performed under the Agreement cannot be accomplished within the estimated work hours, the Vendor will be required to complete the work authorization in full. Upon receipt of such notification, the State may: i) Authorize the Vendor to expend the estimated additional work hours or service in excess of the original estimate necessary to accomplish the work authorization, or ii) Terminate the work authorization, or iii) Alter the scope of the work authorization in order to define tasks that can be accomplished within the remaining estimated work hours. iv) The State will notify the Vendor in writing of its election within seven (7) calendar days after receipt of the Vendor’s notification. If notice of the election is given to proceed, the Vendor may expend the estimated additional work hours or Services. 16) DUE DILIGENCE: RESERVED 17) AGENCY SITE VISITS: NOT REQUIRED FOR THIS RFP 18) VENDOR SITE VISITS: NOT REQUIRED FOR THIS RFP 19) RESELLERS: NOT APPLICABLE FOR THIS RFP VI. Proposal Content and Organization 1) CONTENTS OF PROPOSAL: This section should contain all relevant and material information relating to the Vendor’s organization, personnel, and experience that would substantiate its qualifications and capabilities to perform the Services and/or provide the goods described in this RFP. If any relevant and material information is not provided, the offer may be rejected from consideration and evaluation. Offers will be considered and evaluated based upon the Vendor’s full completion and response to the following, and any additional requirements herein, or stated in a separate Exhibit. 2) INFORMATION AND DESCRIPTIVE LITERATURE: The Vendor must furnish all information requested; and if response spaces are provided in this document, the Vendor shall furnish said information in the spaces provided. Further, if required elsewhere in this RFP, each Vendor must submit with their offer sketches, descriptive literature and/or complete specifications covering the products offered. References to literature submitted with a previous offer will not satisfy this provision. Proposals that do not comply with these requirements may be rejected. 3) PROPOSAL CONTENT: Demonstrate substantial conformity to the RFP specifications. a) Clearly state your understanding of the problem(s) presented by this RFP. i) Response to Technical Specifications and Scope Of Work ii) Cost offer (ATTACHMENT B on page 42) iii) Supplemental Vendor Information (ATTACHMENT C on page 43) iv) References (ATTACHMENT D on page 44) – if a separate page is used to provide the requested information, the separate page must be placed directly behind ATTACHMENT D v) Taxpayer Information Request (ATTACHMENT E on page 45) Page 25 of 69 Rev. 2019/03/27 3) PROPOSAL CONTENT: (cont). b) Detailed description of the Vendor’s firm should include all of the following: i) Full name, address, and telephone number of the organization; ii) Date established; iii) Background of firm; iv) Ownership (public company, partnership, subsidiary, etc.); v) If incorporated, state of incorporation must be included. vi) Number of full-time employees on January 1st for the last three years or for the duration that the Vendor’s firm has been in business, whichever is less. 4) ERRATA OR EXCEPTIONS: Any errata or exceptions must be stated on a separate page, labeled “Errata and/or Exceptions” with references to the corresponding terms or provisions of the Solicitation. 5) OFFER FORMAT: The offers should contain the entire solicitation and be organized in the order in which the requirements and/or desirable performance criteria are presented in the RFP. The Execution page of this RFP must signed in order for the proposal to be accepted AND be placed at the front of the Proposal. Each page should be numbered. The offer should contain a table of contents, which cross-references the RFP requirement and the specific page of the response in the Vendor's offer. 6) GENERAL INSTRUCTIONS: Vendors are strongly encouraged to adhere to the following general instructions in order to bring clarity and order to the offer and subsequent evaluation process: a) Elaborate offers in the form of brochures or other presentations beyond that necessary to present a complete and effective offer are not desired. b) The response should be complete and comprehensive with a corresponding emphasis on being concise and clear. 7) RFP RESPONSE ORGANIZATION: The offer should be organized and indexed in the following format and should contain, at a minimum, all listed items in the sequence indicated. a) Letter of Transmittal - Each offer must be accompanied by a letter of transmittal that provides the following information: i) Identify the submitting organization; ii) Identify the name, title, telephone and fax number, along with an e-mail address of the person authorized by the organization to contractually obligate the organization; iii) Identify the name, title, telephone and fax number, along with an e-mail address of the person authorized to negotiate the Agreement on behalf of the organization; iv) Identify the names, titles, telephone and fax number, along with an e-mail address of the person to be contacted for clarification; v) Acknowledge receipt of any and all amendments to this RFP. b) Table of Contents. c) Response to Technical Specifications. d) Completed Cost Offer. e) References. f) Financial Information. Page 26 of 69 Rev. 2019/03/27 7) RFP RESPONSE ORGANIZATION (cont.) g) Conflict of Interest: i) Provide a statement that no assistance in preparing the response was received from any current or former employee of the State of North Carolina whose duties relate(d) to this RFP, unless such assistance was provided by the state employee in his or her official public capacity and that neither such employee nor any member of his or her immediate family has any financial interest in the outcome of this RFP; ii) State if the Vendor or any employee of the Vendor is related by blood or marriage to an Agency employee or resides with an Agency employee. If there are such relationships, list the names and relationships of said parties. Include the position and responsibilities within the Vendor's organization of such Vendor employees; and iii) State the employing State Agency, individual’s title at that State Agency, and termination date. h) Errata and Exceptions, if any. Offers conditioned upon acceptance of Vendor Exceptions may be determined to be non-responsive by the State. i) Copy of the Vendor's License and Maintenance Agreements, if any. The State reserves the right to edit or modify these agreements to conform to the best interest of the State. j) Other Supporting Material Including Technical System Documentation. k) Training and Other Materials, Samples or Examples. l) Within each section of their offer, Vendors should address the items in the order in which they appear in this RFP. Forms, if any provided in the RFP, must be completed and included in the appropriate section of the offer. All discussion of proposed costs, rates, or expenses must be presented with the cost response. 8) ADHERENCE TO INSTRUCTIONS: Any offer that does not adhere to these instructions may be deemed non-responsive and rejected on that basis. 9) ATTACHMENTS: Vendors may attach other materials that they feel may improve the quality of their responses. However, these materials should be included as items in a separate appendix. Page 27 of 69 Rev. 2019/03/27 ATTACHMENT A. Technology and Data Institute Terms and Conditions Section 1. General Terms and Conditions Applicable to All Purchases 1) DEFINITIONS: As used herein; Agreement means the contract awarded pursuant to this RFP. Deliverable/Product Warranties shall mean and include the warranties provided for products or deliverables licensed to the State in Section 2, Paragraph 2 of these Terms and Conditions unless superseded by a Vendor’s Warranties pursuant to Vendor’s License or Support Agreements. Purchasing State Agency or Agency shall mean the Agency purchasing the goods or Services. Services shall mean the duties and obligations undertaken by the Vendor under, and to fulfill, the specifications, requirements, terms and conditions of the Agreement. State shall mean the State of North Carolina, the Department of Information Technology (DIT), and the Purchasing State Agency or DIT in its capacity as the Award Authority, as appropriate. 2) STANDARDS: Any Deliverables shall meet all applicable State and federal requirements, such as State or Federal Regulation, and NC State Chief Information Officer’s (CIO) policy or regulation. Vendor will provide and maintain a quality assurance system or program that includes any Deliverables and will tender or provide to the State only those Deliverables that have been inspected and found to conform to the RFP specifications. All Deliverables are subject to operation, certification, testing and inspection, and any accessibility specifications. 3) WARRANTIES: Unless otherwise expressly provided, any goods Deliverables provided by the Vendor shall be warranted for a period of 90 days after acceptance. 4) SUBCONTRACTING: The Vendor may subcontract the performance of required Services with Resources under the Agreement only with the prior written consent of the State contracting authority. Vendor shall provide the State with complete copies of any agreements made by and between Vendor and all subcontractors. The selected Vendor remains solely responsible for the performance of its subcontractors. Subcontractors, if any, shall adhere to the same standards required of the selected Vendor and the Agreement. Any contracts made by the Vendor with a subcontractor shall include an affirmative statement that the State is an intended third party beneficiary of the Agreement; that the subcontractor has no agreement with the State; and that the State shall be indemnified by the Vendor for any claim presented by the subcontractor. Notwithstanding any other term herein, Vendor shall timely exercise its contractual remedies against any non-performing subcontractor and, when appropriate, substitute another subcontractor. 5) TRAVEL EXPENSES: All travel expenses should be included in the Vendor’s proposed hourly costs. Separately stated travel expenses will not be reimbursed. In the event that the Vendor, upon specific request in writing by the State, is deemed eligible to be reimbursed for travel expenses arising under the performance of the Agreement, reimbursement will be at the out-of-state rates set forth in N.C.G.S. §138-6; as amended from time to time. Vendor agrees to use the lowest available airfare not requiring a weekend stay and to use the lowest available rate for rental vehicles. All Vendor incurred travel expenses shall be billed on a monthly basis, shall be supported by receipt and shall be paid by the State within thirty (30) days after invoice approval. Travel expenses exceeding the foregoing rates shall not be paid by the State. The State will reimburse travel allowances only for days on which the Vendor is required to be in North Carolina performing Services under the Agreement. 6) GOVERNMENTAL RESTRICTIONS: In the event any restrictions are imposed by governmental requirements that necessitate alteration of the material, quality, workmanship, or performance of the Deliverables offered prior to delivery thereof, the Vendor shall provide written notification of the necessary alteration(s) to the Agency Contract Administrator. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Agreement. The State may advise Vendor of any restrictions or changes in specifications required by North Carolina legislation, rule or regulatory authority that require compliance by the State. In such event, Vendor shall use its best efforts to comply with the required restrictions or changes. If compliance cannot be achieved by the date Page 28 of 69 Rev. 2019/03/27 specified by the State, the State may terminate the Agreement and compensate Vendor for sums then due under the Agreement. 7) PROHIBITION AGAINST CONTINGENT FEES AND GRATUITIES: Vendor warrants that it has not paid, and agrees not to pay, any bonus, commission, fee, or gratuity to any employee or official of the State for the purpose of obtaining any Contract or award issued by the State. Vendor further warrants that no commission or other payment has been or will be received from or paid to any third party contingent on the award of any Contract by the State, except as shall have been expressly communicated to the State Purchasing Agent in writing prior to acceptance of the Agreement or award in question. Each individual signing below warrants that he or she is duly authorized by their respective Party to sign the Agreement and bind the Party to the terms and conditions of this RFP. Vendor and their authorized signatory further warrant that no officer or employee of the State has any direct or indirect financial or personal beneficial interest, in the subject matter of the Agreement; obligation or Contract for future award of compensation as an inducement or consideration for making the Agreement. Subsequent discovery by the State of non-compliance with these provisions shall constitute sufficient cause for immediate termination of all outstanding contracts. Violations of this provision may result in debarment of the Vendor(s) as permitted by 9 NCAC 06B..1206, or other provision of law. 8) AVAILABILITY OF FUNDS: Any and all payments to Vendor are expressly contingent upon and subject to the appropriation, allocation and availability of funds to the Agency for the purposes set forth in the Agreement. If the Agreement or any Purchase Order issued hereunder is funded in whole or in part by federal funds, the Agency’s performance and payment shall be subject to and contingent upon the continuing availability of said federal funds for the purposes of the Agreement or Purchase Order. If the term of the Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is expressly contingent upon the appropriation, allocation and availability of funds by the N.C. Legislature for the purposes set forth in this RFP. If funds to effect payment are not available, the Agency will provide written notification to Vendor. If the Agreement is terminated under this paragraph, Vendor agrees to take back any affected Deliverables and software not yet delivered under the Agreement, terminate any Services supplied to the Agency under the Agreement, and relieve the Agency of any further obligation thereof. The State shall remit payment for Deliverables and Services accepted prior to the date of the aforesaid notice in conformance with the payment terms. 9) ACCEPTANCE CRITERIA: The State shall have the obligation to notify Vendor, in writing ten calendar days following provision, performance (under a provided milestone or otherwise as agreed) or delivery of any Services or other Deliverables described in the Agreement that are not acceptable. The notice shall specify in reasonable detail the reason(s) a given Deliverable is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for installation and/or testing of Deliverables. Final acceptance is expressly conditioned upon completion of any applicable inspection and testing procedures. Should a Deliverable fail to meet any specifications or acceptance criteria, the State may exercise any and all rights hereunder. Deliverables discovered to be defective or failing to conform to the specifications may be rejected upon initial inspection or at any later time if the defects or errors contained in the Deliverables or non-compliance with the specifications were not reasonably ascertainable upon initial inspection. If the Vendor fails to promptly cure or correct the defect or replace or re-perform the Deliverables, the State reserves the right to cancel the Purchase Order, contract with a different Vendor, and to invoice the original Vendor for any differential in price over the original Contract price. 10) PAYMENT TERMS: Monthly Payment terms are Net 30 days after receipt of correct invoice (with completed timesheets for Vendor personnel) and acceptance of one or more of the Deliverables, under milestones or otherwise as may be provided elsewhere in this solicitation, unless a period of more than thirty (30) days is required by the Agency. The Purchasing State Agency is responsible for all payments under the Agreement. No additional charges to the Agency will be permitted based upon, or arising from, the Agency’s use of a Business Procurement Card. The State may exercise any and all rights of Set Off as permitted in Chapter 105A-1 et. seq. of the N.C. General Statutes and applicable Administrative Rules. Upon Vendor’s written request of not less than thirty (30) days and approval by the State or Agency, the Agency may: a) Forward the Vendor’s payment check(s) directly to any person or entity designated by the Vendor, or Page 29 of 69 Rev. 2019/03/27 b) Include any person or entity designated in writing by Vendor as a joint payee on the Vendor’s payment check(s), however c) In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. 11) EQUAL EMPLOYMENT OPPORTUNITY: Vendor shall comply with all Federal and State requirements concerning fair employment and employment of the disabled, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or physical disability. 12) ADVERTISING/PRESS RELEASE: The Vendor absolutely shall not publicly disseminate any information concerning the Agreement without prior written approval from the State or its Agent. For the purpose of this provision of the Agreement, the Agent is the Purchasing Agency Contract Administrator unless otherwise named in the solicitation documents. 13) LATE DELIVERY: Vendor shall advise the Agency contact person or office immediately upon determining that any Deliverable will not, or may not, be delivered or performed at the time or place specified. Together with such notice, Vendor shall state the projected delivery time and date. In the event the delay projected by Vendor is unsatisfactory, the Agency shall so advise Vendor and may proceed to procure the particular substitute Services or other Deliverables. 14) ACCESS TO PERSONS AND RECORDS: Pursuant to N.C.G.S. §147-64.7, the Agency, the State Auditor, appropriate federal officials, and their respective authorized employees or agents are authorized to examine all books, records, and accounts of the Vendor insofar as they relate to transactions with any department, board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the performance of the Agreement or to costs charged to the Agreement. The Vendor shall retain any such books, records, and accounts for a minimum of three (3) years after the completion of the Agreement. Additional audit or reporting requirements may be required by any Agency, if in the Agency’s opinion, such requirement is imposed by federal or state law or regulation. 15) ASSIGNMENT: Vendor may not assign the Agreement or its obligations hereunder except as permitted by 09 NCAC 06B.1003 and this Paragraph. Vendor shall provide reasonable notice of not less than thirty (30) days prior to any consolidation, acquisition, or merger. Any assignee shall affirm the Agreement attorning and agreeing to the terms and conditions agreed, and that Vendor shall affirm that the assignee is fully capable of performing all obligations of Vendor under the Agreement. An assignment may be made, if at all, in writing by the Vendor, Assignee and the State setting forth the foregoing obligation of Vendor and Assignee. 16) INSURANCE COVERAGE: During the term of the Agreement, the Vendor 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 Agreement. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a) Worker’s Compensation - The Vendor 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 $100,000.00, covering all of Vendor’s employees who are engaged in any work under the Agreement. If any work is sublet, the Vendor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the Agreement; and b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $2,000,000.00 Combined Single Limit (Defense cost shall be in excess of the limit of liability); and c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the Agr