Bookstore Services

STATE OF NORTH CAROLINA College of The Albemarle Request for Proposal #: 91-11162021 Bookstore Services Date of Issue: 11/16/2021 Proposal Opening Date: December 17, 2021 At 9:00am ET Direct all inquiries concerning this RFP to: William DeFeo Administrative Services Manager Email: william_defeo@albemarle.edu Phone: 252-335-0821 Ver: 08/20/2021 STATE OF NORTH CAROLINA Request for Proposal # 91-11162021 ______________________________________________________ For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company’s Federal Employer Identification Number or alternate identification number (e.g. Social Security 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 is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ___________________________________________________ Vendor Name ______________________________ Vendor # Note: For your proposal to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login Sealed, mailed responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/20/2021 Page 1 of 22 Refer ALL Inquiries regarding this RFP to: William DeFeo College of The Albemarle Administrative Services Manager 252-335-0821 ext. 2245 william_defeo@albemarle.edu Request for Proposal #: 91-11162021 Proposals will be publicly opened: 12/17/21 Using Agency: College of The Albemarle Commodity No. and Description: Requisition No.: 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. 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 bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the 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 #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: STATE OF NORTH CAROLINA Division of College of The Albemarle Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 2 of 21 VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 3 of 21 VALIDITY PERIOD Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this 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 College of The Albemarle) Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 4 of 21 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 6 1.1 CONTRACT TERM .................................................................................................................. 6 2.0 GENERAL INFORMATION ....................................................................................................... 6 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 7 2.2 E-PROCUREMENT FEE ......................................................................................................... 7 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 7 2.4 RFP SCHEDULE ..................................................................................................................... 7 2.5 SITE VISIT or PRE-PROPOSAL CONFERENCE ................................................................... 7 2.6 PROPOSAL QUESTIONS ....................................................................................................... 8 2.7 PROPOSAL SUBMITTAL ....................................................................................................... 9 2.8 PROPOSAL CONTENTS ...................................................................................................... 10 2.9 ALTERNATE PROPOSALS .................................................................................................. 10 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS .......................................................... 10 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ..................................... 10 3.1 METHOD OF AWARD ........................................................................................................... 10 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION....... 11 3.3 PROPOSAL EVALUATION PROCESS ................................................................................. 11 3.4 EVALUATION CRITERIA ...................................................................................................... 11 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................. 12 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................. 12 4.0 REQUIREMENTS ................................................................................................................... 12 4.1 PRICING ................................................................................................................................ 13 4.2 INVOICES .............................................................................................................................. 13 4.3 FINANCIAL STABILITY ........................................................................................................ 13 4.4 VENDOR EXPERIENCE ........................................................................................................ 13 4.5 REFERENCES ...................................................................................................................... 13 4.6 BACKGROUND CHECKS ..................................................................................................... 13 4.7 PERSONNEL ......................................................................................................................... 16 4.8 VENDOR’S REPRESENTATIONS ........................................................................................ 16 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................. 16 5.0 SPECIFICATIONS AND SCOPE OF WORK .......................................................................... 18 5.1 GENERAL ............................................................................................................................. 18 5.2 SPECIFICATIONS ................................................................................................................. 18 Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 5 of 21 5.3 PROJECT ORGANIZATION .................................................................................................. 19 5.4 TECHNICAL APPROACH ..................................................................................................... 19 5.5 CERTIFICATION AND SAFETY LABELS ............................................................................. 19 5.6 INFORMATION TECHNOLOGY APPROVALS ..................................................................... 19 6.0 CONTRACT ADMINISTRATION............................................................................................. 19 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 19 6.2 CONTINUOUS IMPROVEMENT ............................................................................................ 19 6.3 ACCEPTANCE OF WORK .................................................................................................... 19 6.4 DISPUTE RESOLUTION ....................................................................................................... 20 6.5 CONTRACT CHANGES ........................................................................................................ 20 7.0 ATTACHMENTS ..................................................................................................................... 21 ATTACHMENT A: PRICING FORM ................................................................................................... 21 ATTACHMENT B: INSTRUCTIONS TO VENDORS .......................................................................... 21 ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS ................................... 21 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR ........................................... 21 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION.................................................... 21 ATTACHMENT F: CUSTOMER REFERENCE FORM ....................................................................... 21 ATTACHMENT G: HUB SUPPLEMENTAL SUPPLIER INFORMATION ........................................... 22 Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 6 of 21 1.0 PURPOSE AND BACKGROUND The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from experienced firms in order to establish a TWO (2) year contract through competitive negotiation for providing bookstore management services for students, faculty and staff of College of The Albemarle (COA), hereinafter referred to as COA. A total of two (2) annual renewal terms option for this contract may also be exercised provided it is deemed to be of mutual benefit to both COA and the Contractor. A. HISTORY: COA is the oldest community college in North Carolina. COA serves a seven county area comprised of Pasquotank, Camden, Currituck, Dare, Gates, Perquimans, and Chowan. The main campus is located in Elizabeth City, NC (Pasquotank County) with remote campuses in Dare, Currituck and Chowan. COA is a two year open door institution, offering both degree and non-degree programs. COA serves a diverse body of students varying in age, ethnicity, academic preparedness and ambitions. COA employs over 186 full time faculty and staff with an additional 140 part time faculty. COA provides an excellent combination of transfer, business and technical programs, plus non-credit continuing education opportunities. COA serves Early College High Schools at the Elizabeth City campus. B. ENROLLMENT: COA’s unduplicated headcount for academic year 2020-2021was 3,206 for curriculum, 4,550 for continuing education and 317 for career and college readiness. C. PRESENT LOCATION: COA’s bookstore is currently operated by a third party contractor. The bookstore is open from 9 a.m. until 5 p.m. Mondays and Thursdays, 9 a.m. until 2 p.m. Tuesdays and Wednesdays and 9 a.m. until 12 p.m. on Friday. Summer hours will vary according to need and extended hours are provided during registration periods. The present location may not be the ideal location for the new book store. Contractors shall submit the needed square footage area needed to operate a successful operation based on the RFP guidelines. D. BOOKSTORE SALES: Bookstore gross sales for the fiscal year 2019 ending June 30, 2019 were $985,911 and 2020 ending June 30, 2020 were $844,571. These totals include books, supplies, apparel, gifts, convenience, and technology. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. The intent of this solicitation is to award an Agency Contract. 1.1 CONTRACT TERM The Contract shall have an initial term of two years, beginning on the date of final Contract execution (the “Effective Date”). The Vendor shall begin work under the Contract within 30 business days of 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 exercise each option no later than 60 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 COA is seeking a qualified contractor to furnish management, labor, equipment (above what is currently available), goods and supplies necessary to manage and operate a professional bookstore that will provide the highest caliber of services to the college community. COA’s overall goal in soliciting a Contractor to provide bookstore management services is to enhance and improve the level of bookstore services provided to our students. This section provides information and instructions to Vendors on how to respond to the RFP. Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 7 of 21 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 applies 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, issues, or exceptions regarding any term, condition, or other 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 and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this Q and A process or 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. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. 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 State 11/16/2021 Hold Pre-Proposal Meeting/Site Visit State 11/30/21 at 10:00am Submit Written Questions Vendor 12/6/21 by 3:00pm Provide Response to Questions State 12/9/21 by 3:00 pm Submit Proposals Vendor 12/16/21 by 3:00pm Contract Award State 1/7/22 Contract Effective Date State 6/30/22 2.5 SITE VISIT or PRE-PROPOSAL CONFERENCE Mandatory Site Visit Date: 11/30/2021 Time: 10:00am Eastern Time Location: College of The Albemarle http://eprocurement.nc.gov/ Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 8 of 21 1208 North Road Street Elizabeth City, NC 27909 Contact #: 252-335-0821 Instructions: It shall be MANDATORY that a representative from each Vendor be present for a pre-proposal site visit. Attendees must arrive promptly All attendees must sign in upon arrival and clearly indicate each prospective Vendor represented on the sign in sheet. LATE ARRIVALS WILL NOT BE ALLOWED TO SIGN IN OR PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR PROPOSAL BE CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow. FAILURE TO ATTEND THE MANDATORY SITE VISIT SHALL RESULT IN VENDOR’S BID BEING DEEMED NON- RESPONSIVE AND NOT CONSIDERED FOR AWARD. The purpose of this visit is for all prospective Vendors to apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. Vendors must stay for the duration of the site visit. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this RFP. Vendors are 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. Instructions: Vendor representatives are URGED and CAUTIONED to visit the site and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. A non-mandatory site visit is scheduled for this RFP. 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 william_defeo@albemarle.edu by the date and time specified above. Vendors should enter “RFP # 91-11162021 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. http://www.ips.state.nc.us/ Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 9 of 21 2.7 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier, or other delivery service. 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. [By Mail] Mailing address for delivery of proposal via US Postal Service Office Address of delivery by any other method (special delivery, overnight, or any other carrier). PROPOSAL NUMBER: 91-11162021 College of The Albemarle Attn: Jim Davison 1208 North Road Street Elizabeth City, NC 27909 PROPOSAL NUMBER: 91-11162021 College of The Albemarle Attn: Jim Davison 1208 North Road Street Elizabeth City, NC 27909 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, 2 of photocopies, 2 un-redacted copies on CD, DVD or flash drive and, if required, 2 redacted (Proprietary and Confidential Information Excluded) copies on CD, DVD or flash drive of your proposal simultaneously to the address identified in the table above. 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. c) Copies of proposal files must be provided on separate read-only CD’s, DVD’s or flash drives. File contents shall NOT be password protected but shall be in .PDF or .XLS format and shall be capable of being copied to other sources. Volume One must contain the entire Technical and Cost Proposal including any proprietary information and have the following label affixed to the disc: 1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Volume One - Technical and Cost Proposal Non-Redacted.” Volume Two, if required for confidentiality, must contain the Technical and Cost Proposal excluding any proprietary information identified as confidential and proprietary in accordance with the Paragraph of the Instructions to Vendors entitled Confidential Information. College of The Albemarle in responding to public records requests, will release the contents of this file. It is the sole responsibility of the Vendor to ensure that this file complies with the requirements of, Paragraph 14 of the Instructions to Vendors. The following label must be affixed to the file: (1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Volume Three Technical [and Cost] Proposal– Redacted Copy”. [NC BIDS] Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 10 of 21 If applicable to this RFP and using NC BIDS, all proposal responses shall be submitted electronically via the North Carolina Business Invitation Delivery System (NC BIDS). For additional information, the NC BIDS for Vendors page includes online training videos and a link to NC BIDS FAQs for Vendors. 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, must include 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. 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. e) Vendor’s Proposal addressing all Specifications of this RFP. f) Completed version of ATTACHMENT A: PRICING g) Completed and signed version of ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR h) Completed and signed version of ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION i) Completed and signed version of ATTACHMENT F: CUSTOMER REFERENCE FORM j) Completed and signed version of ATTACHMENT G: HUB SUPPLEMENTAL VENDOR INFORMATION 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 #___ [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: 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; https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 11 of 21 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 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 of the Instructions to Vendors entitled Confidential Information. 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 the name of the Vendor and total cost offered may be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not 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. Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 EVALUATION CRITERIA BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 12 of 21 maintains industry standards compliance. The intent of "Best Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement. A ranking method of source selection will be utilized in this procurement using evaluation criteria listed in order of importance in the Evaluation Criteria section below to allow the State to award this RFP to the Vendor(s) providing the Best Value and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against, other non-price factors. 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 order of importance, to result in an award most advantageous to the State: 1. Vendor Technical Approach 2. Vendor Qualifications 3. Vendor Experience [include references] 4. Pricing 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: 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: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 13 of 21 4.1 PRICING Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s Proposal. 4.2 INVOICES Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant: Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED. 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 E: 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 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. 4.5 REFERENCES Vendor shall provide at least three (3) references, using ATTACHMENT F: 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. 4.6 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; Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 14 of 21 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. 4.6.1 GENERAL INFORMATION It is the policy of the State to provide a safe environment for State Government employees to work. Due to the Contract requirements, the State requires criminal background checks of awarded Vendors, including but not limited to: owners, employees, agents, representatives, subcontractors, and all personnel of their respective companies. All costs and expenses associated with criminal background checks are the responsibility of the Vendor. The following requirements must be met: a) Criminal background checks shall be current and completed within ninety (90) days of the Contract effective date. b) The criminal background check shall include a social security verification/check, felonies, misdemeanors, and traffic records covering a minimum of the last seven (7) years for all states and countries where the individual has resided. The criminal background check information shall be first thoroughly reviewed by the Vendor and then sent to the Contract Administrator for review and approval. Out of state searches shall be required for persons living in the state of NC for fewer than seven (7) years. Fingerprint background checks may be required in some instances depending on the facility requirements. c) A criminal background check on the awarded Vendor and its employees shall be provided by the Vendor prior to Contract effective date. Copies of the original criminal background check shall be sent to the Contract Administrator for evaluation. In some cases, badging cannot take place until after the evaluation and approval of the Vendor’s criminal checks. d) When a new employee or individual is identified to perform Services on this Contract, the Vendor shall provide the Contract Administrator with a criminal background check before the individual can be approved for work. Persons without approved criminal background checks shall not be allowed to work in the relevant buildings until proper documentation is submitted and approved. e) The State may require the Vendor to exclude the Vendor’s employees, agents, representatives, or subcontractors based on the background check results. Discovery that one or more employees have convictions does not disqualify the Vendor from award. f) Additionally, the State may use The North Carolina Department of Public Safety Offender Public Information or similar Services to conduct additional background checks on the Vendor’s proposed employees. 4.6.2 BACKGROUND CHECK REQUIREMENTS As part of Vendor’s criminal background checks, the details below 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, of 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; https://webapps.doc.state.nc.us/opi/offendersearch.do?method=view Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 15 of 21 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 provide 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 provide a statement that there are none. 4.6.3 BACKGROUND CHECK LIMITATIONS Any individual representing the Vendor, who: a) In his/her lifetime, has been adjudicated as a habitual felon as defined by GS 14-7.1 or a violent habitual felon as defined by GS 14-7.7, shall not be allowed to work in buildings occupied by State Government employees. b) During the last seven (7) years has been convicted of any criminal felony or misdemeanor sexual offense or a crime of violence shall not be allowed to work in buildings occupied by State Government employees. c) At any time has an outstanding warrant or a criminal charge for a crime described in (b) above shall not be allowed to work on State property. d) The Vendor must ensure that all employees have a responsibility to self-report to the Vendor within twenty-four (24) hours any arrest for any disqualifying offense. The Vendor must notify the Contract Administrator within twenty-four (24) hours of all details concerning any reported arrest. e) Upon the request of the Contract Administrator, the Vendor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. f) Vendor’s responses to these background check requests shall be considered a continuing representation, and Vendor’s failure to notify the State within thirty (30) days of any criminal charge, 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. g) If there are problems or delays with performance associated with the completion and compliance with this background check requirements, any Vendor’s performance bond could be used to complete these Services. 4.6.4 DOCUMENT REQUIREMENTS Required documentation to be submitted prior to date Contract is effective and for performing any Services on State property shall include: a) A cover letter by the Vendor on company letterhead with a list of the full names matching a required government issued photo ID, addresses, and birth dates of each person representing the contracting company. b) Vendor shall also provide a photocopy of the required State or Federal government issued picture ID or Driver License. c) A letter on company letterhead is not acceptable proof in itself but can be used to further clarify information on the criminal background check submitted. All documentation shall be submitted at the same time. Submit documents which are clear and legible. d) Background checks consisting of: Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 16 of 21 1. Original unaltered criminal background check from the organization providing the background check. 2. The background check provider’s company name, company mailing address, and contact phone numbers. 3. The full name of the individual, which matches the government issued photo ID. 4. The current address of individual being checked. 5. The date the criminal background check search was conducted. 4.6.5 VENDOR BACKGROUND CHECK AGREEMENT Vendor agrees to conduct a criminal background check per the specifications above in this section on all employees proposed to work under this Contract, at its expense, and provide the required documentation to the State in order to perform Services under this Contract: YES NO 4.7 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). 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 A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation: ☐ Small Purchases ☐ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00 ☐ Contract value in excess of $1,000,000.00 Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 17 of 21 Note: would need to know contract value depending on length of the contract and calculation of the commission on sales once bids are received. B. The Purchasing Agency has conducted a risk assessment and determined that certain default coverage provisions in the North Carolina General Terms and Conditions, paragraph entitled Insurance, should be increased from the minimums stated. Increased or additional insurance coverage amounts for this Solicitation are as follows. Coverages not changed here remain as stated in the General Terms and Conditions. a) Employer’s Liability $_____________ b) Commercial General Liability $_____________ Combined Single Limit c) Automobile $_____________ Bodily injury and property damage $_____________ Uninsured/under insured motorist $_____________ Medical payment Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 18 of 21 5.0 SPECIFICATIONS AND SCOPE OF WORK 5.1 GENERAL The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from experienced firms in order to establish a TWO (2) year contract through competitive negotiation for providing bookstore management services for students, faculty and staff of College of The Albemarle (COA), hereinafter referred to as COA. A total of two (2) annual renewal terms option for this contract may also be exercised provided it is deemed to be of mutual benefit to both COA and the Contractor. 5.2 SPECIFICATIONS In order to achieve the goals of COA’s Bookstore program, the contractor shall adopt the following objectives in managing the Bookstore: 1. To provide the COA community with a full range of merchandise and services through outstanding customer service expected from a quality academic Bookstore. 2. Enhance COA’s goal to provide an inviting student environment through the design and implementation of a modern, appealing bookstore experience. 3. To have sufficient quantities of textbooks and related supplies and materials, as required or recommended by the faculty for academic courses available for purchase by students at the specific times the items are needed. 4. To provide rental and electronic textbook alternatives for students and to keep student costs to a minimum. 5. To ensure that the specific requested editions of texts are available for sale. 6. To minimize out-of-stock textbook situations. 7. To provide a wide selection of current trade, academic, and technical literature in support of required material for the academic disciplines of COA. 8. To assist COA’s goal to enhance college marketing/branding efforts through the sale of emblematic apparel and memorabilia and other items that promote college identification and school spirit. Contractor is also to offer a significant selection of “soft goods” such as office supplies, personal care items, and other miscellaneous items. 9. To provide timely response to customers requiring special order literature and other such materials. 10. To provide textbooks and academic materials in accordance with your current Textbook Pricing Policy. 11. To provide other quality merchandise to the college community under pricing policies that are both fair and competitive for like or similar quality, as compared to other college bookstores and also with retail establishments in the surrounding area. 12. To keep apprised of new merchandise of interest to the COA community. 13. To provide for efficient customer traffic flow during rush periods and minimize time spent by customers in waiting lines. 14. To meet the needs of persons with disabilities. ADA requirements shall be adhered to in all aspects of the management and operation of the Bookstore. 15. To become involved in the academic, cultural, and social environment of COA, taking advantage of opportunities to offer special merchandise and other assistance based upon COA’s ongoing and unique activities. 16. To provide a student-friendly textbook buyback program, provide effective integration with financial aid, and provide an online bookstore service. 17. To provide a smooth and employee-friendly transition between current operations to new operations. 18. To work with the College especially through data development and programmatic innovations to enhance student success rates in persistence, retention, and graduation. 19. To provide in person customer service at least once a week on a set schedule at COA’s remote locations. The specific items and any specifications that the Purchasing Agency is seeking are listed below. Items offered by the Vendor must meet or exceed the listed Specifications to be considered for award. Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 19 of 21 5.3 PROJECT ORGANIZATION Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP and identify the responsibilities to be assigned to each person Vendor proposes to staff the work. 5.4 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. 5.5 CERTIFICATION AND SAFETY LABELS Any manufactured items and/or fabricated assemblies provided hereunder that are 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 inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization acceptable to govern inspection where the item is to be located, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. 5.6 INFORMATION TECHNOLOGY APPROVALS The North Carolina Department of Information Technology (NCDIT) has certain standards for information technology equipment, especially if it interfaces with the State network. Approval by NCDIT is required before award of a contract to the extent these standards apply to this procurement. Agencies and Vendors are urged to determine the applicability of these NCDIT standards and to seek approval from NCDIT as necessary. 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 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. 6.3 ACCEPTANCE OF WORK Performance of the work and/or delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator. 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 Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 20 of 21 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. 6.4 DISPUTE RESOLUTION During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.5 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 21 of 21 7.0 ATTACHMENTS ATTACHMENT A: PRICING FORM Item # QTY. UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 [Type here] [Type here] Contract Price [Type here] [Type here] 2 [Type here] [Type here] [Type here] [Type here] 3 [Type here] [Type here] [Type here] [Type here] TOTAL EXTENDED PRICE: $ ______________ 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_09.2020.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_12.2020.pdf ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR The Location of Workers Utilized by Vendor associated with this RFP is a separate document can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Vendors-Located-Outside-the-United-States_01.2020.pdf ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION The Certification of Financial Condition associated with this RFP is a separate document that can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/CERTIFICATION-OF-FINANCIAL-CONDITION.docx ATTACHMENT F: CUSTOMER REFERENCE FORM The Customer Reference Form associated with this RFP is a separate document that can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer-Reference-Template_092020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_12.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Vendors-Located-Outside-the-United-States_01.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/CERTIFICATION-OF-FINANCIAL-CONDITION.docx https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer-Reference-Template_092020.pdf Proposal Number: 91-11162021 Vendor: __________________________________________ Ver: 08/23/2021 Page 22 of 21 ATTACHMENT G: HUB SUPPLEMENTAL SUPPLIER INFORMATION The Historically Underutilized Businesses (HUB) Supplier Information associated with this RFP is a separate document that can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2020.pdf