Suzuki Outboard Motors

STATE OF NORTH CAROLINA Dept. of Environmental Quality Invitation for Bid #: DEQ407141203-LB Furnish and Deliver Suzuki Motors Date Issued: 04/12/2022 Bid Opening Date: 05.26.2022 At 3:00 p.m. ET Direct all inquiries concerning this IFB to: Leah Bartlett Procurement Specialist II Email: leah.bartlett@ncdenr.gov Phone: 252-808-8195 Ver. 11/2021 STATE OF NORTH CAROLINA Invitation for Bids # DEQ407141203-LB ______________________________________________________ For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page shall be filled out and returned with your bid. Failure to do so may subject your bid to rejection.

___________________________________________________ Vendor Name ______________________________ Vendor eVP# Note: For your bid to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login https://vendor.ncgov.com/vendor/login Ver: 11/2021 1 EXECUTION In compliance with this Invitation for Bids (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that:  this bid is submitted competitively and without collusion (G.S. 143-54),  that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and  it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that:  it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded because of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this bid response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees or agents of Vendor’s organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the Ariba Sourcing Tool. Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED. Late bids cannot be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #11): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL: STATE OF NORTH CAROLINA Division of Marine Fisheries Refer ALL Inquiries regarding this IFB to: Leah.bartlett@ncdenr.gov Invitation for Bids #DEQ407141203-LB Bids will be publicly opened: 05.26.2022 3:00 p.m. Using Agency: Commodity No. and Description:261015- Engines- GASOLINE OUTBOARD MOTORS Requisition No.: As needed Basis Dept. of Environmental Quality Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 2 FOR STATE USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by ______________________________________________________ VALIDITY PERIOD Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB. BID ACCEPTANCE If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. _______________________________________________________ (Authorized Representative of Dept. of Environmental Quality) Bid Number: DEQ407141203LB Vendor: ____________________________________ Ver: 11/2021 3 [Use Microsoft Office Table of Contents functionality to update this Table of Contents (TOC), once the body of the IFB has been finalized and approved. Edits may be needed to correct flaws in the TOC generation process.] 1.0 PURPOSE AND BACKGROUND .......................................................................................... 5 1.1 CONTRACT TERM................................................................................................................. 5 2.0 GENERAL INFORMATION .................................................................................................... 5 2.1 INVITATION FOR BID DOCUMENT ....................................................................................... 5 2.2 E-PROCUREMENT FEE ........................................................................................................ 5 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS ................................ 5 2.4 IFB SCHEDULE ..................................................................................................................... 6 2.5 BID QUESTIONS ................................................................................................................... 6 2.7 BID SUBMITTAL .................................................................................................................... 6 2.8 BID CONTENTS ..................................................................................................................... 7 2.9 ALTERNATE BIDS ................................................................................................................. 8 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ............................................................ 8 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................. 8 3.1 METHOD OF AWARD ............................................................................................................ 8 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ......... 8 3.3 BID EVALUATION PROCESS ................................................................................................ 8 3.4 PERFORMANCE OUTSIDE THE UNITED STATES .............................................................. 9 3.5 INTERPRETATION OF TERMS AND PHRASES ................................................................... 9 4.0 REQUIREMENTS ................................................................................................................. 10 4.1 PRICING .............................................................................................................................. 10 4.2 ESTIMATED QUANTITIES ................................................................................................... 10 4.3 PRODUCT IDENTIFICATION ............................................................................................... 10 4.4 TRANSPORTATION AND IDENTIFICATION ....................................................................... 10 4.5 DELIVERY ............................................................................................................................ 10 4.6 AUTHORIZED RESELLER ................................................................................................... 11 4.7 WARRANTY ......................................................................................................................... 11 4.8 DESCRIPTIVE LITERATURE ............................................................................................... 11 4.10 HUB PARTICIPATION .......................................................................................................... 11 4.11 REFERENCES ..................................................................................................................... 11 4.12 VENDOR’S REPRESENTATIONS ....................................................................................... 11 4.13 FINANCIAL STABILITY ........................................................................................................ 11 4.14 PRODUCT SPECIFICATIONS ............................................................................................ 12 SPECIFICATIONS ................................................................................................................ 12 5.2 CERTIFICATION AND SAFETY LABELS ............................................................................. 13 5.3 Service .................................................................................... 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Bookmark not defined. 6.0 CONTRACT ADMINISTRATION .......................................................................................... 14 6.1 14 CONTINUOUS IMPROVEMENT ........................................................................................................ 14 6.2 INVOICES ................................................................................................................................. 14 6.3 DISPUTE RESOLUTION ...................................................................................................... 14 6.4 PRODUCT RECALL ............................................................................................................. 14 Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 4 6.5 PRICE ADJUSTMENTS ....................................................................................................... 15 6.6 CONTRACT CHANGES ....................................................................................................... 15 6.7 ATTACHMENTS ................................................................................................................... 15 Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 5 1.0 PURPOSE AND BACKGROUND The purpose of this Invitation for Bids is to seek competitive sealed bids from qualified vendors to establish an Agency Specific Term Contract to furnish and deliver Suzuki motors ranging from 50-300HP with 20" & 25" shafts on an "as needed" basis when ordered by the NC Department of Environmental Quality, Division of Marine Fisheries (NCDMF) during the contract period The intent of this solicitation is to award an Agency Specific Contract 1.1 CONTRACT TERM The initial contract term shall be for three (3) years, beginning on the date the Contract is executed by the State (the “Effective Date”) with no renewal option. The State reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BID DOCUMENT The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. The E-Procurement fee may apply to this solicitation. See paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. What is the Ariba Network? The Ariba Network is a web-based platform that serves as a connection point for buyers and vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: http://eprocurement.nc.gov/training/vendor-training. 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period. Other than through this process or negotiation under 01 NCAC http://eprocurement.nc.gov/ Ver: 11/2021 6 Bid Number: DEQ407141203-LB Vendor: ____________________________________ 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. 2.4 IFB SCHEDULE The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue IFB State Estimated 05.01.2022 10:00 a.m. Submit Written Questions Vendor 05.16.2022 3:00 p.m. Provide Responses to Questions State 05.17.2022 3:00 p.m. Submit Bids Vendor 05.26.2022 3:00 p.m. Contract Award State 05.27.2022 3:00 p.m. Contract Effective Date State July 1, 2022 2.5 BID QUESTIONS Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum. Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the IFB SCHEDULE Section of this IFB. Vendors will enter “IFB # XXXXXXXXXX – Questions” as the subject of the message. Question submittals should include a reference to the applicable IFB section. This is the only way questions will be received. Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this IFB. 2.7 BID SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bid(s). Solicitation responses are subject to Sealed Bidding requirements. Vendor’s bids for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training https://eprocurement.nc.gov/training/vendor-training Ver: 11/2021 7 Bid Number: DEQ407141203-LB Vendor: ____________________________________ Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST. Tips for Using the Sourcing Tool 1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk. 2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response. 3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted. 4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted. 2.8 BID CONTENTS Vendors shall provide responses to all questions and complete all attachments for this IFB that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion. Vendors shall upload the following items and attachments in the Sourcing Tool: a) Cover Letter, must include a statement that confirms that the Vendor has read the IFB in its entirety, including all links, and all Addenda released in conjunction with the IFB. b) Title Page: Include the company name, address, phone number and authorized representative along with the Bid Number. c) Completed and signed version of EXECUTION PAGES, along with the body of the IFB. d) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned. e) Vendor Response f) Completed version of ATTACHMENT A: PRICING g) Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION h) Completed and signed version of ATTACHMENT E: CUSTOMER REFERENCE FORM i) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR j) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION k) Completed and signed version of ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING, if applicable l) Completed and signed version of ATTACHMENT I: ACKNOWLEDGMENT OF COVID-19 VACCINATION AND TESTING POLICY m) Completed and signed version of CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 8 2.9 ALTERNATE BIDS Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bids must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Each bid must be for a specific set of Goods and Services and must include specific pricing. Each bid must be complete and independent of other bids offered. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Bids in the Sourcing Tool 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found Sourcing Tool, which are incorporated herein by this reference. 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All responsive bids will be reviewed, and award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications set out herein. While the intent of this IFB is to award a Contract(s) to a single Vendor for all line items. The State reserves the right to make separate awards to different Vendors for one or more-line items, to not award one or more-line items or to cancel this IFB in its entirety without awarding a Contract if it is most advantageous to the State to do so. If a Vendor selected for award is determined by the State to be a non-resident of North Carolina, all responsive bids will be reviewed to determine if any of them were submitted by a North Carolina resident Vendor who requested an opportunity to match the price of the winning bid, pursuant to Executive Order #50 and G.S. 143-59 (for more information, please refer to ATTACHMENT H: VENDOR REQU EST FOR EXECUTIVE ORDER #50 PRICE MATCHING. If such bid(s) are identified, the State will then determine whether any such bid falls within the price-match range, and, if so, make a Contract award in accordance with the process that implements G.S. 143-59 and Executive Order #50. The State reserves the right to waive any minor informality or technicality in bids received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph of the Instructions to Vendors Entitled Confidential Information. 3.3 BID EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct an evaluation of responsive Bids, as follows: Bids will be received according to the method stated in the Bid Submittal section above. All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 9 the State reserves the unqualified right to reject all offers at any time if such rejection is deemed to be in the best interest of the State. At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered may be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. Bids will generally be evaluated, based on completeness, content, cost, and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.5 INTERPRETATION OF TERMS AND PHRASES This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety. Vendor: ____________________________________ Ver: 11/2021 10 Bid Number: DEQ407141203-LB 4.0 REQUIREMENTS This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section, as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification or believes a change in a requirement would allow for the State to receive a better bid, the Vendor is encouraged to submit these items in the form of a question during the question-and-answer period in accordance with the Bid Questions Section above. 4.1 PRICING Bid price shall include the total price for each item, including shipping, delivery, handling, administrative and other similar fees. Assembly and set-up at the State’s location shall be shown as an additional line price for each applicable item. Complete ATTACHMENT A: PRICING FORM and upload in the Sourcing Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. 4.2 ESTIMATED QUANTITIES The quantities indicated herein are annual estimates only and are provided for informational purposes based on the anticipated usage during the previous three-year period. No maximum or minimum quantities are guaranteed. It shall be understood and agreed that the State may purchase more or less than the estimated quantities during the contract period. The State reserves the right to increase or decrease the quantities as needed. The State shall not be obligated to purchase more than its normal requirements. The State will be responsible only for items requested and received. 4.3 PRODUCT IDENTIFICATION BRAND SPECIFIC Manufacturer(s) name (Suzuki) and product descriptions used in this solicitation are product specific. The items offered in response to this solicitation shall be by the manufacturer and the type specified. These specific products are needed due to compatibility and continuity of support. Failure to comply with this requirement shall be a sufficient basis for disqualifying a bid from further consideration. 4.4 TRANSPORTATION AND IDENTIFICATION The Vendor shall deliver Free-On-Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs and fees included in the total bid price. When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer’s name shall be show on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order. 4.5 DELIVERY The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s) Division of Marine Fisheries 3441 Arendell Street Morehead City, NC 28557 Attn: Maintenance Warehouse Vendor should complete delivery within 30-consecutive calendar days after receipt of purchase order. For completion by Vendor: Delivery will be made from __________________________________________ (city, state) within _____ consecutive calendar days after receipt of purchase order. Promptness of delivery may be used as a factor in the award criteria. Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 11 4.6 AUTHORIZED RESELLER The Vendor shall be authorized by the manufacturer to distribute or resell the products and/or maintenance offered in this IFB. The Vendor shall provide a signed statement from the manufacturer confirming authorization upon request from the agency. Failure to provide this statement shall constitute sufficient grounds for rejection of Vendor’s offer, at the discretion of the State. Vendor is the: Manufacturer Dealer Reseller Distributor Authorized: Yes No Attached Manufacturer’s Authority: Yes No 4.7 WARRANTY Manufacturer’s standard warranty shall apply. Vendors shall include a copy of the manufacturer’s standard warranty with the bid response. 4.8 DESCRIPTIVE LITERATURE DESCRIPTIVE LITERATURE/CERTIFICATION Each bid shall be accompanied by complete descriptive literature, specifications, certifications, and all other pertinent data necessary for thorough evaluation of the item(s) offered and sufficient to determine compliance of the item(s) with the specifications. Failure to include such information shall be a sufficient basis for rejection of the bid, at the discretion of the State. 4.10 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION. 4.11 REFERENCES Vendors shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which your company has supplied the exact model of equipment offered. The State may contact these users to determine quality level of the offered equipment; as well as, but not limited to user satisfaction with Vendor performance. Information obtained may be considered in the evaluation of the bid. 4.12 VENDOR’S REPRESENTATIONS If Vendor’s bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 4.13 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering this Contract is not prohibited by any contract, or order by any court of competent jurisdiction Ver: 11/2021 12 Bid Number: DEQ407141203-LB Vendor: ____________________________________ Each Vendor shall certify it is financially stable by completing the ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential performance issues from Contracting with a Vendor that is financially unstable. This Certification shall be deemed continuing, and from the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.14 PRODUCT SPECIFICATIONS SPECIFICATIONS The specific items and any specifications that the Purchasing Agency is seeking are listed below. Items offered by the Vendor must meet or exceed the listed Specifications. Item # Specifications Product/Service Offered Meets Specification DF115ATX, DF150TX, DF200APX, DF250APX, DF300APX, DF300APXX 1 Binnacle YES NO 2 Digital Gauges YES NO 3 Stainless Steel Prop (3 blade) YES NO 4 All cable and wiring to be provided for install of motor on vessel YES NO 5 25" shaft or 30” shaft for XX series YES NO 6 Key Switch YES NO 7 Oil as specified for each motor YES NO DF50ATL, DF60ATL, DF70ATL, DF90ATL 1 Binnacle YES NO 2 Digital Gauges YES NO 3 Stainless Steel Prop (3 blade) YES NO Bid Number: DEQ87394139-LB Vendor: ____________________________________ Ver: 11/2021 13 4 All cable and wiring to be provided for install of motor on vessel YES NO 5 20" shaft YES NO 6 Key Switch YES NO 7 Oil as specified for each motor YES NO 5.2 CERTIFICATION AND SAFETY LABELS All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. 5.3 SERVICE Four (4) hour maximum response time is desired on service calls during normal business hours (8 AM to 5 PM weekdays). Provide response time, telephone information, and location from which service will be provided below (promptness of response time will be used as a factor in the award criteria): Maximum response time to DMF location after receipt of service call: 4- hours Vendor has toll-free number for service calls:(yes/no) _____________ lf yes, state toll-free number: _ Vendor will accept collect call for service. Yes/No _____________ Telephone number: _ Address of service facility: ______________________________________________ Vendor: ____________________________________ Ver: 11/2021 14 Bid Number: DEQ407141203-LB 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes 6.1 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consisting of various ideas to enhance business efficiencies as performance progresses. 6.2 INVOICES Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed line-item information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices: Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED. 6.3 DISPUTE RESOLUTION During the performance of the Contract, the Parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.4 PRODUCT RECALL Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the State, as necessary, to promptly replace any such products, at no cost to the State. Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 15 6.5 PRICE ADJUSTMENTS Prices proposed by the Vendor shall be firm against any increase for 1 year- from the effective date of the Contract. Price increase requests shall be submitted in writing to the Contract Lead, which shall include the reason(s) for the request and contain supporting documentation for the need. Price increases will be negotiated and agreed to by both the State and Vendor in advance of any price increase going into effect. The State is not obligated to accept pricing adjustments or increases and reserves the right to accept or reject them in part or in whole. Price de-escalation or decreases may be requested by the State at any time. It is understood and agreed that orders will be shipped at the established Contract prices in effect on the date an order is placed. Invoicing that deviates from this provision may result in Contract to cancellation. 6.6 CONTRACT CHANGES Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. 6.7 ATTACHMENTS All attachments to this IFB are incorporated herein and shall be submitted by responding in the Sourcing Tool. These attachments can be found at the following Vendor Forms link for reference purposes only: https://ncadmin.nc.gov/documents/vendor-forms The remainder of this page is intentionally left blank Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 16 ATTACHMENT A: PRICING FORM NOTE: 1-year total estimated usage= 15 motors (not guaranteed) QTY. UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 Each Manufacturer: Suzuki Model: DF300APX Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF300APX MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF300APXX Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF300APXX MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF250APX Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF250APX MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF200APX Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF200APX MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF150TX Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF150TX MOTOR ONLY $_________ $_____________ Bid Number: DEQ407141203-LB Vendor: ____________________________________ Ver: 11/2021 17 1 Each Manufacturer: Suzuki Model: DF115ATX Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF115ATX MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF90 ATL Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF90 ATL MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF70ATL Motor and accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF70ATL MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF60 ATL Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF60 ATL MOTOR ONLY $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF50ATL Motor with accessories $_________ $_____________ 1 Each Manufacturer: Suzuki Model: DF50ATL MOTOR ONLY $_________ $_____________ TOTAL BID AMOUNT $__________________ The remainder of this page is intentionally left blank