Bookstore Services

STATE OF NORTH CAROLINA Cape Fear Community College Request for Proposal #: 83-CFCC-2023-0515 Bookstore Services Date of Issue: April 24, 2023 Proposal Opening Date: May 24, 2023 At 2:00pm ET Direct all inquiries concerning this RFP to: Liz Mantooth Director of Purchasing & Inventory Email: lmantooth@cfcc.edu Phone: 910-362-7067 Ver: 031/2023 STATE OF NORTH CAROLINA Request for Proposal # 83-CFCC-2023-0515 ______________________________________________________ For internal State agency processing, including tabulation of proposals, 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 proposal. Failure to do so may subject your proposal to

rejection. ___________________________________________________ Vendor Name ______________________________ Vendor eVP# Note: For a contract to be awarded to you, 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 Sealed, mailed responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 Refer ALL Inquiries regarding this RFP to: Liz Mantooth lmantooth@cfcc.edu 910-362-7067 Request for Proposal #: 83-CFCC-2023-0515 Proposals will be publicly opened: May 24, 2023 @ 2:00pm Using Agency: Cape Fear Community College Commodity No. and Description: 801417- Retail Services EXECUTION In compliance with this Request for Proposals (RFP), 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 proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:  this proposal is submitted competitively and without collusion (G.S. 143-54),  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 proposal, 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 as a result of this RFP, 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. As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation. 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 contracts; 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 response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization. By executing this proposal, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document. Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not 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 #21): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: STATE OF NORTH CAROLINA Cape Fear Community College mailto:lmantooth@cfcc.edu Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 2 VALIDITY PERIOD Offer shall be valid for at least sixty 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If your proposal is accepted, all provisions of this RFP, 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. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of Cape Fear Community College) Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 3 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 5 CONTRACT TERM ............................................................................................................................. 5 2.0 GENERAL INFORMATION ....................................................................................................... 6 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 6 2.2 E-PROCUREMENT FEE ......................................................................................................... 6 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 6 2.4 RFP SCHEDULE ..................................................................................................................... 6 2.5 VIRTUAL PRE-PROPOSAL MEETING ................................................................................... 7 2.6 PROPOSAL QUESTIONS ....................................................................................................... 7 2.7 PROPOSAL SUBMITTAL ....................................................................................................... 7 2.8 PROPOSAL CONTENTS ........................................................................................................ 8 2.9 ALTERNATE PROPOSALS .................................................................................................... 9 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ............................................................ 9 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ....................................... 9 3.1 METHOD OF AWARD ............................................................................................................. 9 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION....... 10 3.3 PROPOSAL EVALUATION PROCESS ................................................................................. 10 3.4 EVALUATION CRITERIA ...................................................................................................... 11 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................. 11 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................. 11 4.0 REQUIREMENTS ................................................................................................................... 11 4.1 COMMISSION ....................................................................................................................... 12 4.2 COMMISSION PAYMENT TERMS ........................................................................................ 12 4.3 FINANCIAL STABILITY ........................................................................................................ 12 4.4 HUB PARTICIPATION .......................................................................................................... 12 4.5 VENDOR EXPERIENCE ........................................................................................................ 13 4.6 REFERENCES ...................................................................................................................... 13 4.7 BACKGROUND CHECKS ..................................................................................................... 13 4.8 VENDOR’S REPRESENTATIONS ........................................................................................ 14 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................. 14 5.0 SPECIFICATIONS AND SCOPE OF WORK .......................................................................... 14 5.1 GENERAL ............................................................................................................................. 14 5.2 SPECIFICATIONS ................................................................................................................. 15 Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 4 5.3 REQUIRED PROPOSAL INFORMATION ............................................................................. 16 5.4 METHOD OF SERVICES....................................................................................................... 16 5.5 TECHNICAL APPROACH ..................................................................................................... 16 6.0 CONTRACT ADMINISTRATION............................................................................................. 17 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 17 6.2 POST AWARD PROJECT REVIEW MEETINGS .................................................................. 17 6.3 CONTINUOUS IMPROVEMENT ............................................................................................ 17 6.4 PERIODIC MONTHLY STATUS REPORTS .......................................................................... 17 6.5 ACCEPTANCE OF WORK .................................................................................................... 17 6.6 TRANSITION ASSISTANCE ................................................................................................. 17 6.7 DISPUTE RESOLUTION ....................................................................................................... 17 6.8 CONTRACT CHANGES ........................................................................................................ 18 7.0 ATTACHMENTS ..................................................................................................................... 19 ATTACHMENT A: COMMISSION PROPOSAL ................................................................................. 19 ATTACHMENT B: INSTRUCTIONS TO VENDORS .......................................................................... 19 ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS ................................... 19 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION .............................................. 19 ATTACHMENT E: CUSTOMER REFERENCE FORM ....................................................................... 19 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR ........................................... 19 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION ................................................... 19 Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 5 1.0 PURPOSE AND BACKGROUND This Request for Proposal (RFP) is being issued by Cape Fear Community College, hereinafter referred to as CFCC, to solicit proposals for Bookstore Management Provider services for students, faculty, and staff at the CFCC Downtown Main Campus: 411 N Front Street Wilmington, NC 28401 and the CFCC North Campus: 4500 Blue Clay Road Castle Hayne, NC 28429 locations. CFCC is seeking proposals from established vendors that have a successful record of providing bookstore management and operations to comparable colleges and universities. The intent of this solicitation is to award an Agency Specific Contract. BACKGROUND  CFCC was established in 1958 and is a two-year, comprehensive post-secondary institution. CFCC has four campuses across Pender and New Hanover counties, located in Downtown Wilmington, Castle Hayne, Burgaw and Surf City.  The current bookstores are onsite at our Downtown Wilmington campus and our North Campus in Castle Hayne. The bookstore staff coordinates book adoption with faculty, delivers books to students, and processes payments in-person and online. The current Downtown bookstore is located inside the Health & Human Services/Library (L) building and occupies approximately 5,617 square foot. The current North Campus bookstore is located inside the McKeithan (NA) building and occupies 2,521 square feet. The current hours for both bookstores are Monday through Friday 8:30AM to 5:00PM. Summer hours start on May 15th and will be 8:30amAM – 5:00 PM Monday through Thursday and 8:30AM – 12:00 PM on Friday. Hours vary during registration periods to accommodate higher demands.  Bookstore staff coordinates book adoption with faculty, delivers books to students, and processes payments in person and online. The College ERP is Ellucian’s Colleague, the College connects to the bookstore with FALink. The College learning management system is Blackboard.  CFCC provides students with excellent educational pathways to a competitive workforce for the community and global economy. The college offers an excellent combination of transfer, associate, and applied science degrees, diplomas, and certificates, including programs that promote personal and professional development through noncredit courses and seminars and customized training for business and industry.  The bookstore currently sells new, used, and digital texts as well as apparel, gifts, and technology.  CFCC Student Headcount o Curriculum  Spring 2022 – 8,465  Summer 2022 – 4,117  Fall 2022 – 9,115 o Workforce Continuing Education  Spring 2022 – 4,762  Summer 2022 – 2,966  Fall 2022 – 4,749  Bookstore sales for the following two years are as follows: o July 1, 2020 – June 30, 2021: $ 4,325,000 o July 1, 2021 – June 30, 2022 Fiscal Year: $ 4,462,000 o Current Fiscal Year to Date July 1, 2022- Present: $ 3,765,000 CONTRACT TERM The Contract shall have an initial term of three (3) years, beginning on the date of final Contract execution (the “Effective Date”). At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. The State will give the Vendor written notice of its intent to Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 6 exercise each option no later than 30 days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: The E-Procurement fee may apply to this solicitation. See the 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/. 2.3 NOTICE TO VENDORS REGARDING RFP 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 RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions or issues regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL 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 RFP addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award. Other than through the process of negotiation under 01 NCAC 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 proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this RFP 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 unless expressly agreed upon through negotiation and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP CFCC Monday April 24, 2023 Hold Virtual Pre-Proposal Meeting (Google Meet) CFCC Tuesday May 2, 2023 @ 2:00pm Submit Written Questions Vendor Monday May 8, 2023 Provide Response to Questions CFCC Friday May 12, 2023 Submit Proposals Vendor Wednesday May 24, 2023 @ 2:00pm Contract Award CFCC TBD http://eprocurement.nc.gov/ Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 7 2.5 VIRTUAL PRE-PROPOSAL MEETING Urged and Cautioned Virtual Pre-Proposal Meeting Date: Tuesday May 2, 2023 Time: 2:00 PM Eastern Time Location: Google Meet (link below) Contact #: 910-362-7067 Google Meet Joining Info Video call link: https://meet.google.com/tgi-aykb-vea Instructions: Vendor representatives are URGED and CAUTIONED to attend the virtual pre-proposal meeting and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. A non- mandatory virtual pre-proposal video meeting is scheduled for this RFP via the Google Meet platform. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this RFP. Vendor is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be considered to be a part of this RFP and any resulting contract. 2.6 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum. Written questions shall be emailed to lmantooth@cfcc.edu by the date and time specified above. Vendors should enter “RFP # 83- CFCC-2023-0515: Questions” as the subject for the email. Question submittals should include a reference to the applicable RFP section and be submitted in the format shown below: Reference Vendor Question RFP Section, Page Number Vendor question ...? 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 form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. 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 RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP. 2.7 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal or portion thereof received after the proposal deadline will be rejected. https://meet.google.com/tgi-aykb-vea mailto:lmantooth@cfcc.edu http://www.ips.state.nc.us/ Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 8 CAUTION: For proposals submitted via U.S. mail, please note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the State’s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal by U.S. Postal Service, courier, or other delivery service. Attempts to submit a proposal via facsimile (FAX) machine, telephone, or email in response to this RFP shall NOT be accepted. a) Submit a signed, original executed proposal response, 1 of photocopy, 1 redacted (Proprietary and Confidential Information Excluded) copy and 1 flash drive of your proposal simultaneously to the address identified in the table above. Flash drive content SHALL NOT be password protected but shall be in .PDF or .XLS format and shall be capable of being copied to other sources. b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to upload proposals. Critical updated information may be included in Addenda to this RFP. It is important that all Vendors responding to this RFP periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. 2.8 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s proposal, in the State’s sole discretion. Vendor RFP responses shall include the following items and attachments, which shall be arranged in the following order: a) Cover Letter, which must contain the following: (i) a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP, (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein; and (iii) Vendor’s agreement to comply with all instructions, terms and conditions, and attachments. b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP. d) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned. Mailing address for delivery of proposal via US Postal Service, UPS or FedEx Cape Fear Community College PROPOSAL NUMBER: 83-CFCC-2023-0515 Attn: Director of Purchasing 411 N Front Street Wilmington, NC 28401 Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 9 e) Vendor’s Proposal addressing all Specifications of this RFP. [Indicate relative section references as a guide to responding to sections requiring additional responses outside of the solicitation document. If not required, delete.] f) Completed version of ATTACHMENT A: PRICING g) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION h) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM i) Completed 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: ACKNOWLEDGMENT OF COVID-19 VACCINATION AND TESTING POLICY (if applicable) l) m) Completed and signed version of CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL 2.9 ALTERNATE PROPOSALS Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal # 83-CFCC-2023-0515 for ‘name of Vendor’]”. Each proposal must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered. 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference. The following definitions, acronyms, and abbreviations are also relevant to this RFP: BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency. BUYER: The employee of the State or Other Eligible Entity that places an order with the Vendor. COMMUNITY COLLEGE: Any of the fifty-eight (58) public North Carolina Community Colleges. CONTRACT LEAD: Representative of Cape Fear Community College who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the State and who will administer this contract for the State. QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. RFP: Request for Proposal SERVICES: The tasks and duties undertaken by the Vendor to fulfill the requirements and specifications of this solicitation. STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal. 3.0 METHOD OF AWARD AND PROPOSAL 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 qualified proposals will be evaluated, and awards will be made to the Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 10 Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below. While the intent of this RFP is to award a Contract(s) to a single Vendor, 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 RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this RFP 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 29 of the Instructions to Vendors entitled COMMUNICTIONS BY VENDORS. Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both. Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the purchaser named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct a One-Step evaluation of Proposals: Proposals will be received according to the method stated in the Proposal Submittal Section above. All proposals must be received by the issuing agency not later than the date and time specified in the RFP 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 the State reserves the unqualified right to reject any and 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 RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. 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. 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 proposal. Vendors are cautioned, however, that the evaluators are not Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 11 required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. 3.4 EVALUATION CRITERIA EVALUTION METHOD: Narrative and by consensus of the evaluating committee, explaining the strengths and weaknesses of each proposal and why the recommended awardee(s) provide the best value to the State. All qualified proposals will be evaluated, and award made based on considering the following criteria listed in descending order of importance, to result in an award most advantageous to the State: 1. Vendor Technical Approach 2. Vendor ability to meet CFCC student needs 3. Vendor ability to meet CFCC faculty needs 4. Vendor ability to integrate with existing business processes 5. Commission and other compensation as a percentage of total sales 6. Vendor qualifications, experience, and similar clients 3.5 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 RFP, 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) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This RFP 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 proposals 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 RFP. Except as specifically stated in the RFP, 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 proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, 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 RFP. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Proposal Questions Section above. Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 12 4.1 COMMISSION Proposal commission and other compensation shall constitute the total revenue to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, administrative and other similar fees. Complete ATTACHMENT A: COMMISSION PROPOAL and include in proposal. 4.2 COMMISSION PAYMENT TERMS • The Vendor shall pay to CFCC the commission and other compensation specified in the Vendor’s proposal, which is attached hereto and made a part hereof. • Applicable payments as set in the Vendor’s proposal shall be made monthly by the Vendor to CFCC and shall be paid within 30 days after the close of the month in which they were earned. The final payment for any year shall be made within 30 days after the end of the applicable contract year, and will include any adjustments required by the percentage of gross sales formula set forth in the Vendor’s proposal. • Each payment shall be accompanied by a detailed statement of its computation and the Vendor shall furnish supporting documentation to CFCC upon request. • CFCC staff, state, local, and college auditors shall have full access at all times to the Bookstore accounting records, including all cash registers at the Bookstore being used by the Vendor, with or without notice. Cash register control totals will be used to verify the cash sales reported. All cash registers or point of sale equipment utilized by the Vendor in the CFCC Bookstore shall have non- changeable grand totals. • The Vendor shall maintain complete and accurate accounts and records, in accordance with nationally accepted bookstore industry standard, of all revenues, cost of goods, salaries and benefits, and all other expenses in connection with the CFCC Bookstore operation provided under the terms of the Contract. All such accounts and records shall be retained by the operation and may be inspected and reviewed by CFCC. • On termination of the contract, commissions will be paid to CFCC on sales up to the final day the Bookstore is operated under the contract. The commission due CFCC for any portion of a contract year shall be calculated on percentage basis. 4.3 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 into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. 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. The Contract Manager may require annual recertification of the Vendor’s financial stability. 4.4 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 RFP 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. Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 13 4.5 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.6 REFERENCES Vendor shall provide at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Proposal. 4.7 BACKGROUND CHECKS Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background, the following details must be provided to the State: a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, by Vendor, its officers or directors, or any of its employees or other personnel to provide Services on this project, of which Vendor has knowledge, or provide a statement that Vendor is aware of none; b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge, or provide a statement Vendor is aware of none; c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none. e) Any civil litigation, arbitration, proceeding, or judgments pending against Vendor during the three (3) years preceding submission of its proposal herein or a statement that there are none. Vendor’s response to these requests shall be considered a continuing representation, and Vendor’s failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this Contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this Contract. 4.7.1 PERSONNEL Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 14 Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel. 4.8 VENDOR’S REPRESENTATIONS If Vendor’s Proposal 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. 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION If the proposal includes an onsite store during the term of this Agreement, the vendor shall keep in force, at its own expense, at least the following insurance. a. Commercial General Liability having a combined single limit of no less than $1,000,000 per occurrence covering premises and operations, contractual liability and products/completed operations. b. Business Automobile liability having a combined single limit of no less than $1,000,000 per occurrence covering claims arising out of ownership, maintenance, or use of owned or non-owned automobiles. c. Worker’s Compensation insurance having limits not less than those required by applicable statute. d. Employer’s Liability in the amount of at least $1,000,000. e. Excess or Umbrella Liability in the amount of at least $2,000,000. 5.0 SPECIFICATIONS AND SCOPE OF WORK 5.1 GENERAL Cape Fear Community College continually strives to provide new and improved services for our students. The College recognizes that the campus bookstore environment is in a transformational period. Therefore, the administration at Cape Fear Community College has initiated this Request for Proposal process seeking traditional and/or proactive innovative solutions for the delivery of course materials and merchandise. The goal of this RFP process is to find strategic partners who will provide the tools necessary to improve textbook affordability and flexible merchandising opportunities. We are open to current and new models of operation and combinations of solutions to meet our goals. Below is a list of information to be included in your proposals. The College will consider traditional and online bookstore options. For an onsite Bookstore proposal operated by the Vendor, it shall be operated in the space used by the current bookstore vendor. The vendor shall be responsible for providing such additional equipment and fixtures as may be necessary for the successful operation of the Bookstore. All renovations and finishing out, including color selections is subject to prior written approval from the CFCC VP of Business Services and the CFCC Executive Director of Capital Projects & Facilities. The vendor shall not renovate or change the structure of the bookstore without prior approval. CFCC will provide all utilities to the space used by the Vendor including: heat, light, utilities, and air conditioning as are reasonably required for operation of the Bookstore. Vendor Bookstore employees will be provided access to parking lots and parking decks utilized by CFCC employees. The awarded vendor shall provide property and casualty insurance covering the Vendor’s equipment and other personal property in the bookstore. The Vendor shall cooperate with CFCC’s Campus Safety & Security and with other College officials in the provision of security for the bookstore. Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 15 5.2 SPECIFICATIONS The selected vendor shall operate and provide support for coursebook services. This will include fulfillment of orders for physical and digital coursebooks that support the faculty and student population. In addition, the vendor will facilitate and provide the necessary services to collect and manage faculty coursebook adoptions. The selected vendor will also manage and provide the necessary platform and tools that integrate with Cape Fear Community College’s LMS, Blackboard, to support inclusive access, deliver OER materials, access codes, and custom coursebook packets/readers. The chosen vendor will provide the resources and technical infrastructure to fully integrate with the LMS system called Blackboard. Support services will include phone, email, and text support services, support ticketing system to track and resolve issues and requests. In order to achieve the goals for our bookstore services, the Vendor shall adopt the following objectives in managing the bookstore services. The objectives and criteria in choosing a coursebook delivery partner are: 1. Offer sufficient quantities of physical and digital coursebooks as well as recommended materials, as required or recommended by the faculty for academic courses, available for purchase by students at the specific times the items are needed. 2. Offer faculty members a coursebook adoption portal that is easy to access and use, and provides faculty members with the ability to store and access past quarter adoptions to reuse course requests as needed. Faculty members will have full control and discretion as to which publisher’s materials they will adopt and use in their class. 3. All physical and digital materials (new, used, digital delivery, and custom readers requiring copyright approval) will be offered to students at a reasonable price relative to the marketplace. The chosen vendor will promote and offer used textbooks as an option when available. The chosen vendor may offer all-inclusive coursebook options with pricing that is competitive and benefits the students. 4. Support inclusive access coursebook content where applicable. Integrate inclusive access and digital content into the LMS system to offer student first day access. 5. Ensure that the specific requested editions of coursebooks are available for sale, in a variety of formats including, but not limited to, digital and rental versions. 6. Minimize out-of-stock situations on coursebooks. 7. Provide coursebook buy-back services at the end of each academic term for students. 8. Provide a wide selection of current trade, academic, and technical literature in support of required material for the academic disciplines at the institution. 9. Keep apprised of and provide new coursebook materials to the institution’s community. 10. Provide and facilitate the provision of digital texts, custom course packets, and OER resources. 11. Offer a non-branded platform to students and faculty that is seamless. A coursebook platform that is seamless to students when they enter the campus and/or online store. 12. Understand the academic, cultural, and social environment and tailor coursebook offerings and delivery accordingly. 13. Achieve the highest level of customer service to the institution’s student population. 14. The vendor will allow the institution full control and approval of the content of any email, text or written communications that go out to students, staff or faculty regarding coursebook materials. The vendor will allow the institution to approve all promotional communications that go out to staff, students, and faculty. 15. The vendor will assume all costs associated with any integrations with the existing LMS system and provide all of the technical fulfilment systems and infrastructure to deliver digital and physical coursebook materials. 16. The vendor shall provide the institution with a dedicated account manager to handle all questions and concerns. 17. The vendor will provide regular financial reporting on sales. 18. The vendor may be awarded a non-exclusive right to use the College academic and athletic logos and images. Vendor use of College logo and images is outside the scope of this agreement will be negotiated separately. 19. Student, faculty, and campus data security will be of utmost importance. Vendors responding to the RFP will provide any information regarding data security or credit card breaches in the last two years. The vendor will need to comply with and accept all data security controls outlined in the Appendix DS document. Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 16 20. Vendor sales, payment, refund, rental, and buy-back processes will impose minimal cost and time from the College and its employees. 5.3 REQUIRED PROPOSAL INFORMATION Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor’s approach to accomplishing the task to provide the services requested by this RFP. Each Proposal must include the information that clearly indicates that the Vendor meets each of the following minimum qualifications requirements. 1. Vendor shall provide its operating and pricing philosophy for providing textbooks at the lowest possible price to students. 2. Vendor shall describe the merchandising and operating philosophy of company. 3. Vendor shall describe in detail on a stand-alone page in the RFP, the commission structure on sales, including volume pricing sales threshold which might result in lower coursebook pricing for students. The commission plan will include a requirement that the vendor provide a commission guarantee for the life of the contract. 4. Vendor shall provide its customer service philosophy. 5. Vendor shall provide their operating policies and procedures to prevent credit card fraud and identity theft. 6. Vendor shall provide an organizational chart of their management structure. 7. Vendor shall indicate the percentage of discount offered to departments, faculty, staff, and alumni. 8. Vendor shall indicate the method of payments that will be accepted. 9. Vendor shall provide its percentage mark up on all categories of good offered for purchase or rental. 10. Vendor shall indicate its ability to provide a textbook rental program. 11. Vendor shall indicate its ability to provide textbooks in an “e-book” format. 12. Vendor shall provide its textbook buyback policy, including percentage of retail price that will be returned to students wishing to sell back textbooks in good condition. 13. Vendor shall provide a summary description of the qualifications and credentials for any proposed bookstore general manager and assistant manager(s). 14. Vendor shall describe its process and procedures for faculty textbook adoptions. 15. Vendor shall address the company's willingness to provide employment opportunities to the College’s students. Students employed by vendor must be paid, at a minimum, the prevailing federal minimum wage. 16. Vendor shall describe the training programs to be given to its store employees, including frequency of training sessions. 17. Vendor shall indicate its willingness to purchase any existing bookstore inventory from current bookstore operator. 18. Vendor shall describe its ability and experience to interface with Colleague and/or and our student financial services for the processing of individual financial aid statements. 19. Vendor shall describe its compliance measures to protect student data. (i.e. FERPA, PCI compliance, EMV) 5.4 METHOD OF SERVICES Vendor shall describe the organizational and operational structure it proposes to utilize for both traditional and online bookstore options. OPTION 1 A physical location at the Downtown Campus and North Campus for both textbooks and retail merchandise OPTION 2 E-Store (online purchase/E-commerce presence) for textbooks in addition to a physical location for retail merchandise. 5.5 TECHNICAL APPROACH Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included. Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 17 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 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a project manager. The project manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service. 6.2 POST AWARD PROJECT REVIEW MEETINGS The Vendor, at the request of the State, shall be required to meet periodically with the State for Project Review meetings. The purpose of these meetings will be to review project progress reports, discuss Vendor and State performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics. 6.3 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consists of various ways to enhance business efficiencies as performance progresses. 6.4 PERIODIC MONTHLY STATUS REPORTS The Vendor shall be required to provide Management Reports to CFCC on a monthly basis. These reports shall be well organized and easy to read. The Vendor shall submit these reports electronically using Microsoft Excel and, as needed, either Microsoft PowerPoint or Microsoft Word. The Vendor shall submit the reports in a timely manner and on a regular schedule as agreed by the parties. 6.5 ACCEPTANCE OF WORK The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina. 6.6 TRANSITION ASSISTANCE If a Contract results from this solicitation, and the Contract is not renewed at the end of the last active term, or is canceled prior to its expiration, for any reason, Vendor shall provide transition assistance to the State, at the option of the State, for up to three (3) months 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. If the State exercises this option, the Parties agree that such transition assistance shall be governed by the terms and conditions of the Contract (notwithstanding this expiration or cancellation), except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The State shall agree to pay Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Contract for performance of the Services or other resources utilized. 6.7 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 Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 18 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. 6.8 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. Amendments to the contract can only be through the contract administrator. Proposal Number: 83-CFCC-2023-0515 Vendor: __________________________________________ Ver: 03/2023 19 7.0 ATTACHMENTS **IMPORTANT NOTICE** RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT ATTACHMENT A: COMMISSION PROPOSAL The Commission Proposal associated with this RFP is a separate document that is captioned ATTACHMENT A: Commission Proposal. It shall be a standalone document that includes in detail, the commission structure on sales, including volume pricing sales threshold which might result in lower coursebook pricing for students. The commission plan will include a requirement that the vendor provide a commission guarantee for the life of the contract. We do not wish to constrict any proposals to a standardized pricing format. Each vendor will be responsible to create a customized price sheet to cover the commissions offered in the proposal. ATTACHMENT B: INSTRUCTIONS TO VENDORS The Instructions to Vendors, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION Complete and return the Historically Underutilized Businesses (HUB) Vendor Information form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf ATTACHMENT E: CUSTOMER REFERENCE FORM Complete and return the Customer Reference Form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer_Reference_Template_09.2021.pdf ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR Complete and return the Location of Workers Utilized by Vendor, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION Complete, sign, and return the Certification of Financial Condition, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf *** Failure to Return the Required Attachments May Eliminate Your Response from Further Consideration *** https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer_Reference_Template_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf