Furnish, Deliver, Remove and Install Roof Top A/C Unit Highway Patrol Armory Building 1 OGR

STATE OF NORTH CAROLINA Department of Administration Office of Fiscal Management Request for Proposal #: DOA 13-SB2141635 Furnish, Deliver, Remove and Replace Rooftop A/C Unit Building 1 Garner Road Date of Issue: August 10, 2021 Proposal Opening Date: August 23, 2021 At 2:00 PM ET Direct all inquiries concerning this RFP to: Sandra Bryant Procurement Specialist Email: sandra.bryant@doa.nc.gov Phone: 984-236-0075 Ver:2/1/2021 mailto:sandra.bryant@doa.nc.gov Ver:2/1/2021 STATE OF NORTH CAROLINA Request for Proposal # DOA 13-SB12141635 ______________________________________________________ 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 Electronic responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login Ver:2/1/2021 Page 1 of 16 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:  that this proposal is submitted competitively and without collusion (G.S. 143-54),  that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143- 59.2), and  it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this 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 Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees 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, and it has read the SAMPLE AGREEMENT. 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 cannot be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: Refer ALL Inquiries regarding this RFP to: Sandra Bryant Sandra.bryant@doa.nc.gov 984-236-0075 Request for Proposal #: DOA 13-SB12141635 Proposals will be publicly opened: August 23, 2021 @ 2:00 pm Using Agency: Facility Management Division Commodity No. and Description: 7210-Building & Facility Maintenance & Repair Services Requisition No.: PR12141635 STATE OF NORTH CAROLINA Department of Administration mailto:Sandra.bryant@doa.nc.gov Ver:2/1/2021 Page 2 of 16 VALIDITY PERIOD Offer valid for at least 90 days from date of bid opening, unless otherwise stated here: ______ days. After this date, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL The contract is a separate document that represents the Vendor’s and the State’s entire agreement (herein “Contract”). If your proposal is accepted and results, through negotiation or otherwise, in a contract award you will be expected to accept the NORTH CAROLINA GENERAL TERMS AND CONDITIONS as part of the Contract. Dependent upon the product or service being offered, other terms and conditions may apply. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of Department of Administration) Proposal Number DOA13-SB12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 3 of 16 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 5 2.0 GENERAL INFORMATION ....................................................................................................... 5 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 5 2.2 E-PROCUREMENT SOLICITATION ....................................................................................... 5 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 5 2.4 RFP SCHEDULE ..................................................................................................................... 6 2.5 SITE VISIT ............................................................................................................................... 6 2.6 PROPOSAL QUESTIONS ....................................................................................................... 6 2.7 PROPOSAL SUBMITTAL ....................................................................................................... 7 2.8 PROPOSAL CONTENTS ........................................................................................................ 7 2.9 ALTERNATE PROPOSALS .................................................................................................... 7 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ............................................................ 7 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ....................................... 8 3.1 METHOD OF AWARD ............................................................................................................. 8 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION......... 8 3.3 PROPOSAL EVALUATION PROCESS ................................................................................... 8 3.4 EVALUATION CRITERIA ........................................................................................................ 9 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................... 9 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................... 9 4.0 REQUIREMENTS ..................................................................................................................... 9 4.1 PRICING .................................................................................................................................. 9 4.2 PRODUCT IDENTIFICATION ................................................................................................ 10 4.3 DEVIATIONS ......................................................................................................................... 10 4.4 DELIVERY, TRANSPORTATION AND INSTALLATION....................................................... 10 4.5 INVOICES .............................................................................................................................. 10 4.6 FINANCIAL STABILITY ........................................................................................................ 10 4.7 REFERENCES ...................................................................................................................... 11 4.8 BACKGROUND CHECKS ..................................................................................................... 11 4.9 PERSONNEL ........................................................................................................................ 11 4.10 VENDOR’S REPRESENTATIONS ........................................................................................ 11 5.0 SCOPE OF WORK ................................................................................................................. 12 5.1 GENERAL ............................................................................................................................. 12 Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 4 of 16 5.2 EQUIPMENT SPECIFICATIONS ............................................................................................ 12 5.3 TASKS................................................................................................................................... 13 5.4 WARRANTY .......................................................................................................................... 13 5.5 CERTIFICATION AND SAFETY LABELS…………………………………………………………15 6.0 CONTRACT ADMINISTRATION............................................................................................. 13 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 13 6.2 ACCEPTANCE OF WORK .................................................................................................... 13 6.3 DISPUTE RESOLUTION ....................................................................................................... 14 6.4 CONTRACT CHANGES ........................................................................................................ 14 7.0 ATTACHMENTS ..................................................................................................................... 15 ATTACHMENT A: COST PROPOSAL .............................................................................................. 15 ATTACHMENT B: INSTRUCTIONS TO VENDORS.......................................................................... 16 ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ............. 16 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR ......................................... 16 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION ................................................... 16 ATTACHMENT F: CUSTOMER REFERENCE FORM ...................................................................... 16 ATTACHMENT G: HUB SUPPLEMENTAL SUPPLIER INFORMATION .......................................... 16 Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 5 of 16 1.0 PURPOSE AND BACKGROUND The intent of this solicitation is to award an Agency Contract with a Vendor(s) to furnish, deliver, remove, and install a Rooftop A/C Unit at Building at NC State Highway Patrol Armory Building # 1 at 3320 Garner Road, Raleigh for the North Carolina Department of Administration (NCDOA) / Facility Management Division (FMD) The intent of this solicitation is to award an Agency Contract Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 E-PROCUREMENT SOLICITATION ATTENTION: This is NOT an E-Procurement solicitation. Paragraph entitled ELECTRONIC PROCUREMENT subsections (d) and (e) of the North Carolina General Contract Terms and Conditions, do not apply to this solicitation. 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, the State’s 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 also are 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 within this RFP, those must be submitted as questions in accordance with the instructions in Section 2.5 PROPOSAL QUESTIONS. 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 process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. 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. 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. By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the State may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept Vendor’s proposal under the terms and conditions of this RFP. Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 6 of 16 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 August 10, 2021 Site Visit State August 13, 2021 @ 10:00 am Submit Written Questions Vendor August 16, 2021 @ 2:00 pm Provide Response to Questions State August 17, 2021 Submit Proposals Vendor August 23, 2021 @ 2:00 pm Contract Award State TBD 2.5 SITE VISIT Urged and Cautioned Site Visit Date: August 13, 2021 Time: 10:00 AM Eastern Time Contact #: John Fuller @ 919-210-1034 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 Request for Proposal. A non-mandatory site visit is scheduled for 10:00 am Eastern Time at NC State Highway Patrol Armory, located at 3320 Garner Road, Raleigh, NC. Vendors shall meet on the front steps of the State Bureau of Investigations Administrative Building # 12. Strict protocols will be in place requiring mask to worn at all times on State Government Property throughout the site visit. 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 proposal. 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 Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal. 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 above due date. Written questions shall be emailed to sandra.bryant@doa.nc.gov by the date and time specified above. Vendors should enter “RFP # DOA13-SB12141635: Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a 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 an Addendum to this RFP. http://www.ips.state.nc.us/ Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 7 of 16 2.7 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for 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 received after the proposal deadline will be rejected. 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 proposing on 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. Vendor RFP responses shall include the following items and those attachments should 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 EXECUTION PAGES d) Vendor’s Proposal e) Completed version of ATTACHMENT A: PRICING f) Completed and signed version of ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR g) Completed and signed version of ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION h) Completed and signed version of ATTACHMENT F: CUSTOMER REFERENCE FORM i) Completed and signed version of ATTACHMENT G: HUB SUPPLEMENTAL VENDOR INFORMATION 2.9 ALTERNATE PROPOSALS Vendor may submit alternate proposals for 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 #___ [name of Vendor”]. Each proposal must be for a specific set of Services and must include specific pricing. If a Vendor chooses to respond with various service 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 The State’s standard definitions can be found in the INSTRUCTIONS TO VENDORS link. Below is the list of definitions, acronyms, and abbreviations specific to this procurement: DOA- Department of Administration https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 8 of 16 FMD- Facility Management Division 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a list of criteria the State shall use to award contracts. The goods or services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements 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 single Vendor OR, 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 proposer, including any subcontractors and suppliers are prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph 29, CONFIDENTIAL INFORMATION, of the INSTRUCTIONS TO VENDORS. 3.3 PROPOSAL EVALUATION PROCESS Only responsive submissions will be evaluated. DUE TO THE CURRENT HEALTH RISKS ASSOCIATED WITH COVID-19, BID OPENINGS WILL NOT BE OPEN TO THE PUBLIC. The NCDOA will be conducting live bid openings over conference call. Below is the call-in information for this procurement’s bid opening scheduled for August 23, 2021 @ 2:00PM Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Join with a video conferencing device ncgov@m.webex.com Video Conference ID: 112 970 565 7 Alternate VTC instructions Or call in (audio only) +1 984-204-1487,,597074848# United States, Raleigh Phone Conference ID: 597 074 848# The State will conduct a One-Step evaluation of Proposals: Proposals will be received according to the method stated in section 2.6. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. 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 that date and time, the proposal from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTIxMGNlZWUtYjU5Ni00ZmEzLWJlNGItYjk5Zjc4N2ZkZDY2%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%22eba0bdb7-0b77-4d3e-8f1e-17f560c8298a%22%7d https://www.webex.com/msteams?confid=1129705657&tenantkey=ncgov&domain=m.webex.com tel:+19842041487,,597074848#%20 Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 9 of 16 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. 3.4 EVALUATION CRITERIA All qualified proposals will be evaluated and award made based on the lowest responsive bid meeting specifications and requirements, to result in an award most advantageous to the State. 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 Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; 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 Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department 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 and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.7. 4.1 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Proposal. Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 10 of 16 4.2 PRODUCT IDENTIFICATION MAKE AND MODEL Manufacturer’s name and model/catalog numbers W4C-1 WSC048H3RGA used in this IFB are for the sole purpose of identification and to establish general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. However, Vendors are cautioned that any deviation from the specifications of the identified item are required to be pointed out in its bid. Vendor shall include with its bid sufficient documentary evidence to demonstrate the qualitative, functional, operational, organizational and conformational equivalence of the bid item to the identified item. 4.3 DEVIATIONS The nature of all deviations from the Specifications and Requirements listed herein shall be clearly described by the Vendor. Otherwise, it will be considered that items offered by the Vendor are in strict compliance with the specifications and Requirements, and the successful Vendor shall be held responsible to supply conforming goods. Deviations shall be explained in detail below or on an attached sheet. However, no implication is made or intended by the State that any deviation will be acceptable. Do not list objections to the North Carolina General Contract Terms and Conditions in this section. ___________________________________________________________________________________________ ___________________________________________________________________________________________ __________________________________________________________________________________________ 4.4 DELIVERY, TRANSPORTATION AND INSTALLATION All work under this contract shall be completed within sixty (60) days of award. The Vendor shall deliver Free-On-Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs and fees included in the total bid price. When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer’s name shall be show on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order. Delivery shall not be considered to have occurred until installation has been completed. Upon completion of the installation, the Vendor shall remove and properly dispose of all waste and debris from the installation site. The Vendor shall be responsible for leaving the installation area clean and ready to use. 4.5 INVOICES The Vendor must submit one monthly invoice within fifteen (15) calendar days following the end of each month in which work was performed. b) Invoices must be submitted to the following address: Facility Management Division, 1313 Mail Service Center, Raleigh, NC 27699-1313 c) Invoices must be submitted to the Contract Lead in hard copy on the Contractor’s official letterhead stationery and must be identified by a unique invoice number. All invoice backup reports and spreadsheets must be provided in electronic format. d) Invoices must bear the correct contract number and purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment. e) Invoices must include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager. 4.6 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 11 of 16 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 the 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 financially stability. 4.7 REFERENCES Vendors shall provide at least three (3) references, using ATTACHMENT F: CUSTOMER REFERENCE FORM, for which your company has provided Services of similar size and scope to that proposed herein. The State may contact these users to determine the Services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal. 4.8BACKGROUND CHECKS Any personnel or agent of the Vendor performing Services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the State. 4.9 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 agree to 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. 4.10 VENDOR’S REPRESENTATIONS If the proposal results in an award, the 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 telecom- munications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 12 of 16 5.0 SCOPE OF WORK 5.1 GENERAL Facility Management Division is seeking to contract with a qualified Vendor for services to install a Roof Top 4 Ton R- 410 Packaged Heat Pump at the NC State Highway Patrol Armory Building # 1 at 3320 Garner Road, Raleigh. Onsite work shall be completed during normal business hours Monday – Friday 7:30AM-5:00PM or as coordinated with the Facility Management Division Contract Administrator: John Fuller Garner Road Complex Supervisor 919-661-5867 Office 919-210-1034 Cell John.fuller@doa.nc.gov 5.2 Equipment Specifications: Unit: W4C-1- WSC048H3RGA 4 Ton R-410 Packaged Heat Pump or Functional Equivalent Product Data Ton DX cooling Standard efficiency Convertible configuration 208-230/60/3 Microprocessor controls 3ph 18 kW Electric Heater Manual outside air damper 0-50% 3 ph Adapter Curb A representative of Facility Management Division will review and sign-off on the equipment prior to order placement. 5.3 TASKS a) Vendor will disconnect all power wiring and control wiring as needed for the complete removal and disposal of the existing Carrier packaged rooftop unit. b) Vendor will provide all labor, accessories, tool, equipment, and materials required to completely execute the installation of a new 4 ton packaged rooftop unit. New unit to be installed using a retro mate curb for adapting from existing curb to new unit. 1. Drain Piping a) All condensate drain from packaged rooftop units are to be routed to nearest roof drain. b) Drain piping will be PVC piping with glue joints. 2. Crane and Rigging a) Vendor shall furnish all crane, rigging, and trucking as needed for this project. b) A crane lift plan must be provided by the crane company if work is to be performed over an occupied area. c) The plan must be reviewed by the Vendor’s onsite personnel and Facility Management Divisions’ onsite personnel before any lifting begins. d) Facility Management Division will provide structural drawings of the roof to the Vendor for evaluation. 3. Electrical a) Vendor shall replace existing disconnect, conduit, and conductors that are required for load side electrical service from point of existing disconnect to new packaged unit. Disconnect, conduit, and conductors shall be sized per the NEC and based on the packaged unit MOP and MCA provided by the equipment manufacturer. b) Vendor will reuse existing breaker, conduit, and conductors online side. mailto:John.fuller@doa.nc.gov Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 13 of 16 c) Electrical connection to equipment will be made with short lengths of flexible "Liquid -Tite" conduit. d) All equipment shall be selected for 208 volts, 60 hertz, and 3 phase electrical service. e) Vendor shall provide nameplates for identification of all equipment, motor starters, and disconnect switches. 4. Controls Wiring and Support Structure a) Vendor shall furnish and install smoke detector(s), conduit and wiring between the smoke b) detector(s) and the packaged unit motor control circuit to interrupt operation upon sensing an alarm condition as per code. c) Vendor shall furnish and install a programmable thermostat and low voltage wiring. d) replace the other 200 amp disconnect including all load side power wiring and control wiring serving the other Rooftop Unit and replace the disconnects wooden support structure with galvanized steel support structure. 5. Start-Up A factory-authorized technician shall perform start-up and inspection of new packaged unit according to the manufacturers written instructions 5.4 WARRANTIES Vendor warrants to the State that all items furnished will be new (unless otherwise specifically requested in this RFP), of good material and workmanship, and Vendor agrees to replace any items which fail to comply with the specifications by reason of defective material or workmanship under normal use, free of State’s negligence or accident for a minimum of 90 days from date of acceptance. Such replacement shall include transportation costs free of any charge to the State. This statement is not intended to limit any additional coverage, which may normally be associated with a product. Vendor shall assign to the State all third party warranties applicable to such deliverables. Vendor warrants that the State has all rights necessary to utilize all deliverables for their intended purpose free from all third party claims. 5.5 CERTIFICATION AND SAFETY LABELS All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re- examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This document is not a contract; it is, instead, a request for proposals. 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 ACCEPTANCE OF WORK Performance of the work and delivery of goods shall be conducted and completed in accordance with recognized and customarily accepted industry practices and shall be considered complete when the services or goods are approved as acceptable by the Contract Administrator. The State and the Vendor will negotiate and agree on an acceptable notification process and resubmission period, which will be memorialized in the Contract. Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 14 of 16 Acceptance of work products shall be based on the following criteria: In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of 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 requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.3 DISPUTE RESOLUTION During the performance of the contract, the parties must 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 term, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.4 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. Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 15 of 16 7.0 ATTACHMENTS ATTACHMENT A: COST PROPOSAL Vendor shall furnish all necessary parts, labor, transportation, equipment, tools, materials, testing and supplies as may be required to deliver, install, and set in place, ready for Facility Management Division, W4C-1- WSC048H3RGA 4 Ton R-410 Packaged Heat Pump or functional equivalent in accordance with the terms and conditions and specifications fully incorporated herein. Total Bid Amount $ _____________________ Proposal Number: DOA-12141635 Vendor: __________________________________________ Ver:2/1/2021 Page 16 of 16 ATTACHMENT B: INSTRUCTIONS TO VENDORS The Instructions to Vendors, which are incorporated herein by this reference, may be found here: Form_North-Carolina-Instructions-to-Vendors_09.2020.pdf (nc.gov) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: Form_North-Carolina-General-Terms-and-Conditions_12.2020.pdf (nc.gov) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR The Location of Workers Utilized by Vendor associated with this RFP is a separate document that is captioned Form_Location-of-Vendors-Located-Outside-the-United-States_01.2020.pdf (nc.gov) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION The Certification of Financial Condition associated with this RFP is a separate document that is captioned ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION and can be found at the following link: CERTIFICATION-OF-FINANCIAL-CONDITION.pdf ATTACHMENT F: CUSTOMER REFERENCE FORM The Customer Reference Form associated with this RFP is a separate document that is captioned ATTACHMENT F: CUSTOMER REFERENCE FORM and can be found at the following link: Form_Customer-Reference-Template_092020.pdf ATTACHMENT G: HUB SUPPLEMENTAL SUPPLIER INFORMATION The Historically Underutilized Businesses (HUB) Supplier Information associated with this RFP is a separate document that is captioned ATTACHMENT G: HUB SUPPLEMENTAL SUPPLIER INFORMATION and can be found at the following link: Form_HUB-Supplemental-Vendor-Information_9.2020.pdf (nc.gov) 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.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer-Reference-Template_092020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2020.pdf