Print and Mail Services

Procurement Services Department Mailing Address (US Postal only): Campus Box 7212, Raleigh, NC 27695-7212 Physical Address: Admin. I, 2721 Sullivan Drive, Suite 1100, Raleigh, NC 27607 Phone (919) 515-2171 0BREQUEST FOR QUOTATION (This is not an order) Date: 1/18/2022 VENDOR NAME & ADDRESS: (Please fill in) Required Vendor Information: Name of Company Authorized Signature/Date Above Signature Printed/Typed Quote Number: 63- DMP829475 Title Quote Due Date: February 1, 2022, 5:00 pm 3BAgent: Dianne Pantelides (919) 513-4335 Telephone Number/Toll Free Number E-Mail: dmpantel@ncsu.edu Requisition Number(s): 829475 Facsimile Number Department: Dept of Computer Science E-Mail Address: Commodity Number: 8212 Employer Federal ID/Social Security Number Delivery Required By: Indicate if other than Large Business FOB: DESTINATION – FREIGHT PREPAID Small Women-Owned (Unless otherwise indicated on quote) Minority Disabled NOTE: THIS QUOTE

IS SUBJECT TO REJECTION IF ALL FIELDS ARE NOT COMPLETED! TYPE OF ORGANIZATION: Individual Partnership Corporation Other (define) _____________ ATTACHMENTS AND COMMENTS: By responding to this quote, vendor acknowledges acceptance of specified Terms and Conditions, which are also located on the NC State University Purchasing website at: https://materialsmgmt.ofa.ncsu.edu/supplier-center/#terms General Terms & Conditions Rental Terms & Conditions General Terms & Conditions w/Software Lease/Purchase Terms & Conditions Software Terms & Conditions Charter Bus Terms & Conditions Specifications/Drawings Service Terms & Conditions Other______________________ Third Party Financing This quote MUST be uploaded as a PDF to the Bonfire Portal here: https://ncsu.bonfirehub.com/opportunities/58874 QUOTES NOT SUBMITTED ON THIS FORM ARE SUBJECT TO REJECTION. https://materialsmgmt.ofa.ncsu.edu/supplier-center/#terms https://ncsu.bonfirehub.com/opportunities/58874 QUOTE #:63-DMP829475 VENDOR: PAGE: 2 OF 4 1BITEM # QTY UNIT DESCRIPTION UNIT COST EXTENDED COST Deadline for Questions 12 noon, 01/25/2022. All Questions must be submitted in writing, by Email to dmpantel@ncsu.edu NO PHONE CALLS ACCEPTED. 2B1 11,500 Ea. Printing and Mailing of CSC Newsletter 2022 per attached specifications FREIGHT CHARGES (must be included in item pricing quoted) $____________ SPECIAL HANDLING CHARGES (must be included in item pricing) $____________ QUOTE TOTAL $____________ Shipping: All shipping costs must be included in the prices quoted herein. If any materials, such as proofs, etc., are sent back to the vendor, the vendor must provide the client with their shipping account number to do so. An ADDENDUM to this RFQ is possible. If required, any subsequent addenda must be submitted prior to the quote closing. It is the vendor's responsibility to verify that all applicable addenda are submitted prior to the quote closing date. Addenda are posted at www.ips.state.nc.us. Notice to Bidders: NC State University Request for Quotes and their awards are not subject to the North Carolina E-procurement process. Item(s) offered in response to the Request for Quote contain recycled content Yes No Note: If applicable, please indicate recycle content of each item _________________________. VENDOR DELIVERY DATE: ____________________________ Length and type of warranty: _____________________________________________________ NOTE: NC State University is exempt from sales and/or use taxes on qualifying purchases. Tax exempt # 400021. DEBARMENT CERTIFICATION: By signing the execution page, bidder certifies to the best of its knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declined ineligible or voluntary excluded from covered transactions by any Federal or State agency. http://www.ips.state.nc.us/ QUOTE #:63-DMP829475 VENDOR: PAGE: 3 OF 4 Scope of work: Vendor is to: Print 11,500 (+10) copies of the newsletter using offset printing per the specifications below. Full count quantity with no shortage. Any overage must be included in the prices quoted herein. NCSU will only pay for the quantities ordered. Inkjet the addresses and indicia on the back cover, run NCOA check and deliver to U.S. Postal Service. Will use NCSU Bulk mail permit. Addresses will be provided as two Excel files with 10,774 addresses Deliver extra copies in a box labeled “CSC Newsletter 2022” to: Department of Computer Science 1204-D Engineering Building II 890 Oval Drive NC State Centennial Campus Raleigh, NC 27606 Deliver ten (10) copies (Box labeled: CSC Newsletter 2022) to: Engineering Communications Room 1309 Engineering Building III 911 Oval Drive NC State Centennial Campus Raleigh, NC 27606 Specifications: Project title: CSC Newsletter 2022 Description: Booklet format Quantity: 11,500 Pages: 36 pages plus cover Size: Flat: 17” wide x 11” high Finished size: Score and fold to 8.5” wide x 11” high Binding: Saddle-stitched on 11” side Ink: 4/4: 4CP. Satin Aqueous Coating. (NOTE: Red in file, when printed must match PMS 186 pantone color.) Bleeds: Full bleeds Coverage: Heavy Cover: Endurance Silk Cover 100# Cover Stock quoted: ____________________________________________________________ Text: Endurance Silk Text 100# Text Stock quoted: _____________________________ QUOTE #:63-DMP829475 VENDOR: PAGE: 4 OF 4 Mechanicals: Design files provided to the vendor will be in Adobe InDesign CC (Mac). Files sent via: Flash drive to be picked up from Engineering Communications office by vendor. Photos: High-res images are in-place on file. Vendor converts to CMYK and adjusts as necessary for suitable output and printing. Proofs: Suitable and accurate hard copy color proofs are required. Press check: No press check required. Turnaround: 10 working days from date job is delivered (available for pickup by printer). Contract term: Single job Late Penalty: A charge of $500 per day will be assessed for each calendar day that full delivery is late through vendor action or inaction. Any late delivery shown to be the fault of the customer will not result in penalty assessment. Vendor understands and agrees: Yes ☐ No ☐ Requirements: 1) A printer representative must contact designer within 24 hours after job is awarded. 2) A printer representative must guarantee to visit the customer location at the printer’s cost as often as is deemed necessary by the University during the job production. Such visits shall include but not be limited to picking up and discussion of artwork, material and proofs. Person visiting customer must be a fully qualified representative of the printer awarded the contract. 3) A printer representative must personally pick up the flash drive and discuss job with designer on day designer specifies. Files/disk will NOT be mailed to vendor – no exceptions. 4) Printer is to supply printed samples of work with similar specifications along with the quote. 5) Printer is to supply their equipment list. 6) All print production must be done in-house – no portion of the job can be contracted out. Vendor understands and agrees to all of the above requirements: Yes ☐ No ☐ Production: Bids from print brokers will NOT be considered. Print samples required: Vendor must send print samples representative of the job being quoted to show quality of work. In addition, full-color printed samples are required if paper substitution. All samples must be labeled with the quotation number and vendor’s name. Failure to send the print samples to be received on or before the quote due date will be cause for rejection of the quotation. All samples are subject to the customer’s approval and are considered part of the evaluation criteria for award. Samples can be mailed or delivered to: NC STATE UNIVERSITY – Business & Procurement Services Mailing Address (US Postal only): Campus Box 7212, Raleigh, NC 27695-7212 Physical Address: Admin. I, 2721 Sullivan Drive, Suite 1100, Raleigh, NC 27607 Failure to provide all samples as required will be cause for rejection of your quotation. Past performance on NC State printing contracts will be considered part of the evaluation criteria in the award of the contract. (General 4/16) 1 INSTRUCTIONS TO BIDDERS 1. READ, REVIEW AND COMPLY: It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein. 2. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Request for Quotation, the specifications, and the North Carolina State University General Contract Terms and Conditions. The University objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS. By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect. 3. DEFINITIONS: • BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids. • TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only. • STATEWIDE TERM CONTRACT: A Term Contract for all agencies, unless exempted by statute, rule, or special term and condition specific to this bid. • AGENCY SPECIFIC TERM CONTRACT: A Term Contract for a specific agency. • OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract. 4. EXECUTION: Failure to sign under EXECUTION section will render bid invalid. 5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) North Carolina State University General Contract Terms and Conditions, and (4) Instructions to Bidders. 6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance. 7. PROMPT PAYMENT DISCOUNTS: Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices. 8. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each bidder must submit with their bid sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection. 10. RECYCLING AND SOURCE REDUCTION: It is the policy of this State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of purchasers those products or packaging they offer which have recycled content and that are recyclable. 11. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect. 12. ACCEPTANCE AND REJECTION: The University reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 13. REFERENCES: The University reserves the right to require a list of users of the exact item offered. The quote evaluators may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid. (General 4/16) 2 14. TAXES: • FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation. Exemption is claimed under Registry No. 56-70-0047K as provide by Chapter 32 of the Internal Revenue Code. • OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. 15. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to the University as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by the University to be pertinent or peculiar to the purchase in question. Unless otherwise specified by the University or the bidder, the University reserves the right to accept any item or group of items on a multi-item bid. The University reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by the University to be pertinent or peculiar to the purchase in question. 16. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, the University invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 17. CONFIDENTIAL INFORMATION: Contractors should give specific attention to the identification of those portions of their proposals that they deem to be trade secrets and provide any justification why such materials, upon request, should not be disclosed. However, if the information you deem confidential is NOT a trade secret then the information will be released. The University may only keep information confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3. Contractors shall clearly identify each and every section that is deemed to be confidential, proprietary or a trade secret (it is NOT sufficient to preface your proposal with a proprietary statement, or to use a page header or footer that arbitrarily marks all pages as confidential). Any individual section of the proposal that is not labeled as confidential with an accompanying statement concerning the rationale for its claimed confidentiality shall be considered public information. CONFIDENTIALITY OF BIDS: In submitting its quote, the Bidder agrees not to discuss or otherwise reveal the contents of the quotes to any source outside of the University, until after the award of the contract. All Bidders are advised that they are not to have any communications with the using department during the evaluation of the bids (i.e., after the opening of the bids and before the award of the contract), unless the University’s purchaser contacts the Bidder(s) for purposes of seeking clarification. A Bidder shall not: transmit to the using department any information commenting on the ability or qualifications of any other Bidder to provide the advertised good, equipment, commodity; defects, errors and/or omissions in any other Bidder’s quote and/or prices at any time during the procurement process; and/or engage in any other communication or conduct attempting to influence the evaluation and/or award of the contract that is the subject of this RFQ. Bidders not in compliance with this provision may be disqualified, at the option of the University, from the contract award. Only those communications authorized by this RFQ are permitted. 18. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become the University’s property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above. 19. PROTEST PROCEDURES: A party wanting to protest a contract award pursuant to this solicitation must submit a written request to the Director of Purchasing, North Carolina State University, Purchasing Department, Campus Box 7212, Raleigh, NC 27695-7212. This request must be received in the University Purchasing Department within thirty (30) consecutive calendar days from the date of the contract award, and must contain specific sound reasons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Offerors may call the purchaser listed on the first page of this document to obtain a verbal status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. 20. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. 21. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident bidders. The “Principal Place of Business” is defined as the principal place from which the trade or business of the bidder is directed or managed. (General 4/16) 3 22. ENTERPRISE-LEVEL IT SYSTEMS OR TECHNOLOGIES: The University is committed to promote and integrate universal IT accessibility in the delivery of its resources and to develop innovative solutions to accessibility challenges for students, faculty and staff. Vendors must: a. Assure all features, components and sub-systems of the software or IT System contained on this RFQ fully comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), (http://www.section508.gov); OR Detail why any feature, component or sub-system contained in this RFQ doe s not fully comply with Section 508, and the way in which the proposed product is out of compliance; b. If the Voluntary Product Accessibility Templates (VPAT) (http://www.access-star.org/ITI-VPAT- v1.2.html) are used, they must include compliance checklists for: 1. Technical Standards, 2. Function and Performance Criteria 3. Documentation and Support c. The product offered in response to this RFQ is subject to an accessibility evaluation by the University. http://www.section508.gov/ (General 4/16) 4 NORTH CAROLINA STATE UNIVERSITY GENERAL CONTRACT TERMS AND CONDITIONS 1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 2. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to is validity, construction, interpretation and enforcement shall be determined. 3. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, the University may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. The University reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to the University. In addition, in the event of default by the Contractor under this contract, the State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the State has with the Contractor, and de-bar the Contractor from doing future business with the State. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the State may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the State, and de-bar the Contractor from doing future business with the State. 4. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 5. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. The University reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract. 6. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. 7. TAXES: Any applicable taxes shall be invoiced as a separate item. G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. 8. INSPECTION AT CONTRACTOR’S SITE: The University reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for the University’s determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract. 9. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The University is responsible for all payments to the contractor under the contract. Payment may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor. 10. AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. 11. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment. (General 4/16) 5 12. PATENT: The contractor shall hold and save the University, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government. 13. ADVERTISING: Contractor shall not use the existence of this contract or the name of the State of North Carolina or North Carolina State University as part of any advertising. 14. ACCESS TO PERSONS AND RECORDS: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Further, the University Internal Auditor shall have the same access to persons and records. 15. ASSIGNMENT: No assignment of the contractor’s obligations nor the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, the University may: a. Forward the contractor’s payment check directly to any person or entity designated by the contractor, and b. Include any person or entity designated by contractor as a joint payee on the contractor’s payment check. In no event shall such approval and action obligate the State to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations. 16. INSURANCE: COVERAGE - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of contractor’s employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit, on a per occurrence basis shall be $1,000,000.00 bodily injury and property damage; $1,000,000.00 uninsured/under insured motorist; and $1,000.00 medical payment. REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. 17. GENERAL INDEMNITY: The contractor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the contractor provided that the contractor is notified in writing within 30 days that the State has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 18. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 90 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party. 19. QUANTITIES (University Specific Agreements ONLY): The award of a University specific agreement neither implies nor guarantees any minimum or maximum purchases thereunder. 20. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the contractor to other customers. a. Notification: Must be given to the University, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature. b. Decreases: The University shall receive full proportionate benefit immediately at any time during the contract period. (General 4/16) 6 c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with the University reserving the right to accept or reject the increase, or cancel the contract. Such action by the University shall occur not later than 15 days after the receipt by the University of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase. d. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item. 21. SAFETY STANDARDS: 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 Electrical 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(s) of devices offered and furnished. Further, all items furnished by the successful bidder shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. All contractors must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29CFR 1910. Construction contractors must comply with North Carolina Occupational Safety and Health Standards for the Construction Industry, 29CFR 1926. In addition, contractors shall comply with all applicable occupational health and safety and environmental rules and regulations. Contractors shall effectively manage their safety and health responsibilities including: 1. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure employer's personnel safety by strict adherence to established safety rules and procedures. 2. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. 3. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. The complete product(s) offered herein, and NOT merely its component parts or subsystems, must comply with the above requirement for safety listing. Having the appropriate certification or safety label affixed to any device delivered pursuant to this solicitation, under the conditions described above, is a material condition of any contract awarded as a result of this solicitation. All costs for product and industry certifications and listings, and any other actions required to supply conforming products to the State as described in this IFB, are the sole responsibility of the Vendor. The certification or safety label shall be affixed and be visible on the OUTSIDE of the all products that require a certification or safety label in order to pass the State Quality Acceptance Inspection. 22. DEBARMENT CERTIFICATION: Offeror certifies to the best of its knowledge and belief, that it nor any of its principals a) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contract by any Federal agency; b) have not within a three year period preceding this award been convicted of or had a civil judgment rendered against them for: commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to this submission of offers; or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property; and c) are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of these offenses enumerated herein. The offer certifies that they have not, within a three year period preceding this offer, had one or more contracts terminated for default by any federal agency. “Principals” for the purpose of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segments, and similar positions.) This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution. Certification of this provision is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the (General 4/16) 7 Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the University, the University may terminate this agreement for default. Offeror hereby certifies these conditions and does so by signing the execution page of this quote document. 23. PERSONAL IDENTIFIERS: If the University provides the Contractor with personal identifiers as listed in North Carolina General Statute 131-1.10 or any other legally confidential information, Contractor hereby certifies that, pursuant to NCGS 132-1.10, collection of social security number information or other legally confidential information from University is necessary for the performance of Contractor duties and responsibilities on behalf of the University. Contractor further certifies that it shall maintain the confidential and exempt status of any such social security number information, as required by subsection (c)(1) of the statute. 24. GIFTS: Pursuant to Executive Order 24, issued by Governor Perdue, and N.C. G.S. § 133-32, it is unlawful for any vendor or contractor, including, but not limited to, architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor, to make gifts or to give favors to any State employee of the Office of the Governor and Governor’s Cabinet Agencies. This prohibition covers those vendors and contractors who: (1) Have a contract with a governmental agency; or (2) Have performed under such a contract within the past year; or (3) Anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. Sec. 133-32. 25. IRAN DIVESTMENT ACT -CERTIFICATION AND ONGOING OBLIGATIONS: The NC General Assembly recently enacted the Iran Divestment Act (S.L. 2015-118). This requirement applies to all units of State government and to all political subdivisions of the State. The Iran Divestment Act List is a list published by the North Carolina Department of State Treasurer pursuant to the requirements of this Act that identifies persons engaged in investment activities in Iran. Currently, the list is available at the following URL: https://www.nctreasurer.com/inside-the- department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx . By accepting an order from the University, the Contractor certifies that, as of the date of acceptance, it is not on the then- current version of the Iran Divestment Act List. Contractor agrees to not contract with any person to perform a part of the contractual work, if, at the time the Contractor enters into a subcontract, that person is on the then-current version of the Iran Divestment Act List. Contractor further agrees to notify the Procurement Specialist if, at any time during the contract term, including any renewal terms, it is added to the Iran Divestment Act List. https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx