Orientation 2020 Screen Printed T-Shirts

University of North Carolina Wilmington Invitation for Bid #: 72-BKHR20087 Orientation 2020 Screen Printed T-Shirts Date of Issue: 3/11/20 Bid Opening Date: Tuesday, March 31, 2020 At 02:00 PM ET Bid Opening Location: UNCW Administrative Annex 622 MacMillan Avenue N Conference Room AD2004 Wilmington, NC 28403 Direct all inquiries concerning this IFB to: Kimberley Reardon Purchasing Specialist Email: reardonk@uncw.edu Phone: 910-962-3849 mailto:reardonk@uncw.edu University of North Carolina Wilmington Invitation for Bids # 72-BKHR20087 For internal State agency processing, including tabulation of bids 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 bid. Failure to do so may subject your bid to rejection. ID Number: ______________________________________________________ Federal ID Number or Social Security Number ______________________________________________________ Vendor Name Ver: 6/20/16 Page 1 of 25 FOR UNCW USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by _____________________________________________________________________________ (Authorized Representative of University of North Carolina Wilmington. University of North Carolina Wilmington Purchasing Services 601 South College Road Wilmington, NC 28403 Refer ALL Inquiries regarding this IFB to: Kimberley Reardon reardonk@uncw.edu (910) 962-3849 Invitation for Bids # 72-BKHR20087 Bids will be publicly opened: March 31, 2020 @ 2:00PM ET Contract Type: Open Market Description: Orientation 2020 Screen Printed T-Shirts Requisition No.: 128649900 EXECUTION In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor certifies that this bid is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this bid response to the IFB, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign bid prior to submittal shall render bid invalid and it WILL BE REJECTED. Late bids cannot be accepted. VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #11): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL: Offer valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this IFB. ACCEPTANCE OF BID If any or all parts of this bid are accepted by the University of North Carolina Wilmington, an authorized representative of Purchasing Services shall affix his/her signature hereto and this document and all provisions of this Invitation for Bid along with the Vendor bid response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). mailto:reardonk@uncw.edu Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 2 of 25 Table of Contents 1.0 PURPOSE AND BACKGROUND ..................................................................................................... 3 2.0 GENERAL INFORMATION ............................................................................................................... 3 2.1 INVITATION FOR BIDS DOCUMENT............................................................................................ 3 2.2 E-PROCUREMENT SOLICITATION .............................................................................................. 3 2.3 IFB SCHEDULE ............................................................................................................................. 3 2.4 BID QUESTIONS ........................................................................................................................... 3 2.5 BID SUBMITTAL ............................................................................................................................ 4 2.6 BID CONTENTS ............................................................................................................................ 5 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ................................................................... 5 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS ............................................................. 6 3.1 METHOD OF AWARD ................................................................................................................... 6 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ................ 7 3.3 BID EVALUATION PROCESS ....................................................................................................... 7 3.4 EVALUATION CRITERIA............................................................................................................... 8 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ..................................................................... 8 3.6 INTERPRETATION OF TERMS AND PHRASES .......................................................................... 8 4.0 REQUIREMENTS .............................................................................................................................. 8 4.1 PRICING ........................................................................................................................................ 9 4.2 PRODUCT IDENTIFICATION ............................................................................................................ 9 4.3 TRANSPORTATION AND IDENTIFICATION ................................................................................ 9 4.4 DELIVERY ..................................................................................................................................... 9 4.5 WARRANTY .................................................................................................................................. 9 4.6 REFERENCES .............................................................................................................................. 9 4.7 SAMPLES - MANDATORY .......................................................................................................... 10 4.8 INVOICES ................................................................................................................................... 10 5.0 PRODUCT SPECIFICATIONS ........................................................................................................ 10 5.1 GENERAL SPECIFICATIONS - REQUIREMENTS...................................................................... 10 5.2 DEVIATIONS ............................................................................................................................... 11 ATTACHMENT A: PRICING FORM .......................................................................................................... 12 ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR .................................................. 13 ATTACHMENT C: DESCRIPTION OF EXECUTIVE ORDER #50 AND CERTIFICATION ........................ 14 ATTACHMENT D: INSTRUCTIONS TO VENDORS .................................................................................. 18 ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ...................... 21 ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION ........................................................... 25 Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 3 of 25 1.0 PURPOSE AND BACKGROUND The University of North Carolina at Wilmington (“UNCW”) is seeking competitive pricing from vendors who can provide screen-printed t-shirts for UNCW New Student Orientation on or before April 16, 2020. Vendor must meet the requirements of Section 5.1 General Specifications in order to place a bid. Bids from vendors that do not meet those specifications will not be opened. Shirts are to be imprinted with a one (1)-color screen on the front and a three (3)- color screen on the back. Shirts will need to be separately packaged and labeled for delivery per 4.5 Delivery Instructions herein and the issued Purchase Order. Bids will be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BIDS DOCUMENT The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this IFB 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 #18 of Attachment E: North Carolina General Contract Terms and Conditions, paragraphs (b) and (c), do not apply to this solicitation. 2.3 IFB SCHEDULE The table below shows the intended schedule for this IFB. The Purchasing Specialist will make every effort to adhere to this schedule. Action Responsibility Date and Time Issue IFB UNCW March 11, 2020 Submit Written Questions Vendors March 18, 2020 @ 12:00 Noon Provide Responses to Questions UNCW March 19, 2020 Tentative Submit Bids Vendors March 31, 2020 @ 2:00PM ET Award Contract UNCW April 1, 2020 Tentative 2.4 BID QUESTIONS Purpose: Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by email to reardonk@uncw.edu by March 18, 2020 @ 12:00 Noon ET. Instructions: Written questions shall be emailed to reardonk@uncw.edu by the date and time specified above. Vendors will enter “IFB #72-BKHR20087 – Questions” as the subject for the email. Questions submittals will include a reference to the applicable IFB section and be submitted in a format shown below: Reference Vendor Question IFB Section, Page Number Vendor question…? Questions received prior to the submission deadline date, the University’s response, and any additional terms deemed necessary by the University 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 IFB. No information, instruction or advice provided orally or informally by any UNCW personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall be entitled to rely only on written material contained in an Addendum to this IFB. mailto:reardonk@uncw.edu mailto:reardonk@uncw.edu http://www.ips.state.nc.us/ Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 4 of 25 2.5 BID SUBMITTAL Instructions: Sealed bids, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items as described herein. Refer to Section 2.6 BID CONTENTS for details on required content of submitted bids. MAILING ADDRESS FOR DELIVERY OF BID VIA U.S. POSTAL SERVICE OFFICE ADDRESS FOR DELIVERY BY ANY OTHER MEANS, SPECIAL DELIVERY, OVERNIGHT DELIVERY, OR BY ANY OTHER CARRIER BID NUMBER: 72-BKHR20087 Attn: Kimberley Reardon, Purchasing Specialist Address: University of North Carolina Wilmington Purchasing Services 601 South College Road Wilmington, NC 28403-5615 BID NUMBER: 72-BKHR20087 Attn: Kimberley Reardon Address: University of North Carolina Wilmington Administrative Annex – Office 2052 622 MacMillan Avenue N Wilmington, NC 28403 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 bid has been submitted to this Office by the specified time and date of opening. The date and time of submission will be marked on each bid when received, and any bid received after the bid submission deadline will be rejected. Sealed bids, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity or service as described herein. Sealed bids, subject to the conditions made a part hereof and the submission requirements described below, shall be delivered to the physical address indicated in the table below, for furnishing and delivering those items or Services as described herein. 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 bids 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 bid deadline. All Vendors are urged to take the possibility of delay into account when submitting a bid by U.S. Postal Service, courier, or other delivery service. Attempts to submit a bid via facsimile (FAX) machine, telephone or email in response to this IFB shall NOT be accepted. a) Submit one (1) signed, original executed bid response and 1 photocopy of your bid, with samples simultaneously to the address identified in the table below. Refer to Section 2.6 BID CONTENTS and Section 4.7 SAMPLES. b) Submit your bid in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the IFB number; and (3) the due date. Address the package(s) for delivery as shown in the table above . Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s). Critical updated information may be included in Addenda to this IFB. It is important that all Vendors proposing on this IFB 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 IFB and all Addenda thereto. Contact with anyone working for or with the University, regarding this IFB other than UNCW’s Contract Lead named on the face page of this IFB in the manner specified by this IFB shall constitute grounds for rejection of said Vendor’s offer, at the University’s election. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 5 of 25 2.6 BID CONTENTS For each of Vendor’s bid, Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested, as outlined below. Vendor IFB responses shall include the following items and they should be arranged in the following order: a) Completed and signed version of EXECUTION PAGE, along with the body of the IFB (pages 2-17) and signed receipt pages of any addenda released in conjunction with this IFB, (if required to be returned). b) Completed version of ATTACHMENT A: PRICING FORM c) Completed version of ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR d) Completed and signed version of ATTACHMENT C: DESCRIPTION OF EXECUTIVE ORDER #50 form that confirms that a price matching opportunity is requested e) ATTACHMENT D: INSTRUCTIONS TO VENDORS f) ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS g) Completed and signed version of ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION h) SAMPLES of product(s) offered by vendor, see SECTION 4.7 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) AGENCY SPECIFIC TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities for a single entity. b) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial bid, made in response to a request by the issuing agency. c) BUYER: The employee of the University that places an order with the Vendor. d) PURCHASING SPECIALIST/CONTRACT LEAD: Representative of the University of North Carolina Wilmington who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the University and who will administer the contract for the University. e) E-PROCUREMENT SERVICES: The program, system, and associated services through which the State conducts electronic procurement. Not applicable for UNCW. f) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in its bid, but no amount or charge not included as part of the total bid price will be paid. g) IFB: Invitation for Bids. h) LOT: A grouping of similar products within an IFB. i) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required. j) QUALIFIED BID: A responsive bid submitted by a responsible Vendor. k) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. l) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions. m) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to an Invitation for Bids. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 6 of 25 2.8 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions, the University’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this IFB, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, instruction or other component within this IFB, those shall be submitted as questions in accordance with in the instructions in Section 2.4 BID QUESTIONS. If the University determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The University 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 University rejects and will not be required to evaluate or consider any additional or modified terms and conditions or Instructions to Vendor submitted with Vendor’s bid document. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer. By execution and delivery of a bid in response to this Invitation for Bids, Vendor agrees that any additional or modified terms and conditions, including Instructions to Vendors, whether submitted purposely or inadvertently, or any purported condition to the offer shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in Section 2.4, about whether specific language proposed as a modification is acceptable to or will be considered by the State. Identification of objections or exceptions to the University’s terms and conditions in the bid itself shall not be allowed and shall be disregarded or the bid rejected. By executing and submitting its bid in response to this IFB, Vendor understands and agrees that the University may exercise its discretion not to consider any and all proposed modifications a Vendor may request and may accept Vendor’s bid under the terms and conditions in this IFB. 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD All qualified bids will be evaluated, and award or awards will be based on whether an award provides best value and is most advantageous to the University, as determined by a consideration of: 1. Price 2. Conformity with specifications herein 3. Guaranteed delivery requirements 4. Evaluation of samples While the intent of this IFB is to award a Contract to a single Vendor for all line items, the University reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the University to do so. If a Vendor selected for award is determined by the University to be a non-resident of North Carolina, all responsive bids will be reviewed to determine if any of them were submitted by a North Carolina resident Vendor who requested an opportunity to match the price of the winning bid, pursuant to Executive Order #50 and G.S. 143-59 (for more information, please refer to ATTACHMENT C: DESCRIPTION OF EXECUTIVE ORDER #50 AND CERTIFICATION. If such bid(s) are identified, the State will then determine whether any such bid falls within the price-match range, and, if so, make a Contract award in accordance with the process that implements G.S. 143-59 and Executive Order #50. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 7 of 25 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date bids are opened through the date the contract is awarded—each Vendor submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor’s office), or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the contents of another Vendor’s bid, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the University’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the University would not be served by the disqualification. A Vendor’s bid may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this IFB or general inquiries directed to the purchaser regarding requirements of the IFB (prior to bid submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 BID EVALUATION PROCESS The University shall review all Vendor responses to this IFB to confirm that they meet the specifications and requirements of the IFB. a) Bids are requested for the items as specified, or item(s) equivalent in design, function and performance. UNCW reserves the right to reject any bid on the basis of fit, form and function as well as cost. All information furnished on this bid may be used as a factor in determining the award of this contract. b) Bids will be received from each responsive Vendor in a sealed envelope or package. c) All bids shall be received by the issuing agency not later than the date and time specified on the cover sheet of this IFB. d) At that date and time specified as the bid opening, the package containing the bids from each responding firm will be opened publicly and the name of the Vendor and the price(s) bid announced. e) UNCW shall review all Vendor responses to this IFB to confirm that they meet the specifications and requirements of the IFB. f) For all responses that pass the initial review process, the University will review and assess the Vendors’ pricing. The University may request additional formal responses or submissions from any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the University is not required to request clarification, and often does not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. g) Bids will be evaluated, based on the award criteria identified in Section 3.1 METHOD OF AWARD. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the University 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 University. UNCW reserves the right to reject all original offers and request one or more of the Vendors submitting bids within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the University, if the initial responses to the IFB have been evaluated and determined to be unsatisfactory. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 8 of 25 Upon completion of the evaluation process, the University will make award(s) based on the evaluation and post the award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State. 3.4 EVALUATION CRITERIA All qualified bids will be evaluated and award made based on considering the following criteria, to result in an award most advantageous to the University: 1. Price 2. Conformity with specifications herein 3. Guaranteed delivery requirements 4. Evaluation of samples 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the University may, for purposes of evaluating proposed or actual contract performance outside of the United States, also consider how that performance may affect the following factors to ensure that any award will be in the best interest of the University: a) Total cost to the University b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the University’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the University’s business requirements and internal operational culture g) Particular risk factors such as the security of the University’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This Invitation for Bids 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. As such, all terms in the Invitation for Bids shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the 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 Invitation for Bids. Except as specifically stated in the Invitation for Bids, 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 bid in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the University to receive a better bid, 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 2.4. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 9 of 25 4.1 PRICING Bid price shall constitute the total cost to UNCW for delivery fully assembled and ready for use, including all applicable charges for shipping, delivery, handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this IFB. Complete ATTACHMENT A: PRICING FORM and include with Bid. 4.2 PRODUCT IDENTIFICATION SUITABILITY FOR INTENDED USE Vendors are requested to offer only comparable items which will provide the equivalent capabilities, features and diversity called for herein. UNCW reserves the right to evaluate all bids for suitability for the required use and to award the one best meeting requirements and considered to be in the University’s best interest. 4.3 TRANSPORTATION AND IDENTIFICATION The Vendor shall deliver Free-On-Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs included in the total bid price. When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer’s name shall be show on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order. 4.4 DELIVERY The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s): University of North Carolina Wilmington Central Receiving, Attn: Tonya Taylor, Transitions Programs 5179 Lionfish Drive Wilmington NC 28403 Delivery is Required on or before April 16, 2020 NOTE: UNCW is requesting that each box be labeled with a count of shirts for each size enclosed within that box. 4.5 WARRANTY Manufacturer’s standard warranty shall apply. Vendors shall include a copy of the manufacturer’s standard warranty with the bid response. 4.6 REFERENCES Vendors shall provide at least three (3) references for which your company has provided goods and services of substantially the same features and quantity to those solicited herein. The University may contact these users to determine the goods provided are substantially similar to those bid herein and Vendor’s performance has been satisfactory. Such information may be considered in the evaluation of the bid. COMPANY NAME CONTACT NAME TELEPHONE NUMBER Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 10 of 25 4.7 SAMPLES - MANDATORY SAMPLE One (1) Sample of T-shirt offered must be furnished without graphic, free of expense, for evaluation with bid response. Each sample shall be labeled with the Vendor’s name and the bid number 72-BKHR20087. A sample on which an award is made, will be retained until the contract is completed. Include sample with bid response. Vendor requests samples be returned after evaluation and/or contract completion? YES NO If return is requested, Vendor shall provide prepaid, pre-addressed shipping label with bid. 4.8 INVOICES Vendor shall invoice the University. The standard format for invoicing shall be Single Invoices sent to UNCW, Attn: Accounts Payable, 601 S. College Rd, Wilmington, NC 28403. Invoices shall include detailed line item information to allow University to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices: Vendor’s Billing Address, Purchase Order Number, Item Descriptions, Price, Quantity, and Unit of Measure. 5.0 PRODUCT SPECIFICATIONS 5.1 GENERAL SPECIFICATIONS - REQUIREMENTS LICENSING/LOGO SPECIFICATIONS: Only Licensed Vendors May Submit a Bid To protect ownership of its intellectual property, UNCW has developed policies and procedures regarding the use of its name and marks. Per our licensing policy, any vendor producing products imprinted with our indicia will need to become a licensed vendor. Both internal (on-campus departments) and external (bookstore, retail locations) orders require a license. UNCW's collegiate licensing partner, Collegiate Licensing Company (CLC), administers the licensing process on our behalf; in addition to the collection of royalties, enforcing trademarks and pursuing new marketing opportunities for the University. Please visit their website (https://clc.com/home/about/) for general information regarding The Collegiate Licensing Company. • 50/50 Poly/Cotton blend – short sleeve T-shirt 5.6 ounce in Jade, or equivalent T-shirt color, fabric content and weight. The color of the shirt should closely match UNCW pantone Green color PMS 329 or textile color #18-4728. • Shirt to be imprinted with a two (2) color screen on the front and a 3 color screen on the back. The official UNCW Pantone colors for the screens are as follows: Yellow PMS 108, Blue PMS 281, and Opaque White. • Shirts should be first tier, NO factory seconds or reprocessed/recycled fabrics will be acceptable. • SAMPLE ARTWORK REQUESTS: IMPORTANT – A sample shirt with full graphics will be required for approval from the University before the manufacture of the entire lot begins. Once requested the sample shirt with graphic artwork should be provided within 5 business days. This sample is to be supplied at no expense to the University. • The awarded vendor will be sent the .eps files for the artwork. • Photo of artwork below. https://uncw.edu/licensing/policies.html https://clc.com/home/about/ Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 11 of 25 Front of shirt Back of shirt 5.2 DEVIATIONS The nature of all deviations from the Specifications/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/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. ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 12 of 25 Attachments to this IFB begin on the next page. ATTACHMENT A: PRICING FORM FURNISH AND DELIVER: ITEM # QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 01 1100 EA Size – Small, 50/50 Poly/Cotton Blend – Short Sleeve T-shirt 5.6 ounce in Jade, or equivalent T-shirt color, fabric content and weight Artwork Color: Pantone Blue PMS 281, Pantone Yellow PMS 108 and Opaque White. Imprinted with a one (1) color screen on the front and a three (3) color screen on the back. Artwork is attached. 02 2700 EA Size – Medium, 50/50 Poly/Cotton Blend – Short Sleeve T-shirt 5.6 ounce in Jade, or equivalent T-shirt color, fabric content and weight Artwork Color: Pantone Blue PMS 281, Pantone Yellow PMS 108 and Opaque White. Imprinted with a one (1) color screen on the front and a three (3) color screen on the back. Artwork is attached. 03 2200 EA Size – Large, 50/50 Poly/Cotton Blend – Short Sleeve T-shirt 5.6 ounce in Jade, or equivalent T-shirt color, fabric content and weight Artwork Color: Pantone Blue PMS 281, Pantone Yellow PMS 108 and Opaque White. Imprinted with a one (1) color screen on the front and a three (3) color screen on the back. Artwork is attached. 04 900 EA Size – Extra Large, 50/50 Poly/Cotton Blend – Short Sleeve T-shirt 5.6 ounce in Jade, or equivalent T-shirt color, fabric content and weight Artwork Color: Pantone Blue PMS 281, Pantone Yellow PMS 108 and Opaque White. Imprinted with a one (1) color screen on the front and a three (3) color screen on the back. Artwork is attached. 05 400 EA Size – XX Large, 50/50 Poly/Cotton Blend – Short Sleeve T-shirt 5.6 ounce in Jade, or equivalent T-shirt color, fabric content and weight Artwork Color: Pantone Blue PMS 281, Pantone Yellow PMS 108 and Opaque White. Imprinted with a one (1) color screen on the front and a three (3) color screen on the back. Artwork is attached. TOTAL EXTENDED PRICE: $ _________________ Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 13 of 25 ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The University will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. If the Vendor answered “YES” above, Vendor shall complete items 1 and 2 below: 1. List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub-Contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub-Contractors that will perform work outside the U.S.: c) Identify all U.S. locations at which performance will occur: This Space is Intentionally Left Blank a) Will any work under this Contract be performed outside the United States? YES NO b) The Vendor agrees to provide notice, in writing to the University, of the relocation of the Vendor, employees of the Vendor, sub-Contractors of the Vendor, or other persons performing services under the Contract outside of the United States YES NO NOTE: All Vendor or sub-Contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 14 of 25 ATTACHMENT C: DESCRIPTION OF EXECUTIVE ORDER #50 AND CERTIFICATION NORTH CAROLINA RESIDENT VENDORS TAKE NOTE: Pursuant to G.S. 143-59 and Executive Order No. 50 (issued February 17, 2010, entitled “Enhanced Purchasing Opportunities for North Carolina Businesses”), a North Carolina resident Vendor may receive an opportunity to obtain an award by agreeing to match the final price(s) of the lowest Vendor on a Contract for the purchase of goods, if that lowest price is offered by a non-North Carolina resident Vendor. This opportunity arises when a North Carolina resident Vendor offers a price that is the lowest among all bids by qualified in-State resident Vendors and also is within five percent (5%) or $10,000 (whichever is less) of the non-resident Vendor’s overall lowest price. This price-match opportunity applies to a Contract awarded under this solicitation. G.S. 143-59(c) (1) defines a “resident Vendor” as a “Vendor that has paid unemployment taxes or income taxes in this State and whose principal place of business is located in this State.” All other Vendors are considered to be non-resident Vendors. G.S. 143-59(c)(3) defines a “principal place of business” as the “principal place from which the trade or business of the Vendor is directed or managed.” This refers to overall operations for the entire business entity, not merely a division or office location. In order to qualify for this preference, a resident Vendor shall: (1) request the price-match opportunity by marking the appropriate checkbox, below; (2) provide all information requested; and (3) complete and sign the “Resident Vendor’s Certification for Price-Matching Preference under Executive Order #50” (hereinafter the “Certification”) included at the end of this Section. The Certification may not be submitted after the public opening of the bids. By executing the Certification, the Vendor affirms that the information provided is accurate and agrees to provide any additional information or documentation requested by the University to confirm the above certifications and statements within five (5) business days of request (including but not limited to income tax or unemployment tax returns, reports and/or filings (annual and/or quarterly); banking statements or financial/accounting statements reflecting Vendor’s payment of income taxes or unemployment taxes to the State of North Carolina and such other information regarding Vendor’s management or directors of its business or trade of its principal place of business). Requesting a price-match opportunity below does not require any resident Vendor to match the lowest price in the event a Vendor qualifies for receiving the opportunity. The University will evaluate the bids in accordance with the award criteria stated in this IFB to determine the lowest Vendor meeting the requirements of the IFB without regard to any Vendor’s residency. If the Vendor with the lowest price is a North Carolina resident Vendor, then no consideration of the price-matching procedure is necessary. If the lowest bid by a Vendor meeting all requirements was submitted by a non-resident Vendor and there are no North Carolina resident Vendors that submitted a price bid that was within 5% or $10,000 of the non-resident Vendor’s price, then none of the North Carolina resident Vendors qualify for the price-matching preference and no review of a resident Vendor’s Certification is required. If the lowest price bid by a Vendor meeting requirements was submitted by a non-resident Vendor and there are one or more North Carolina resident Vendors that submitted a price bid that was within 5% or $10,000 of the non-resident Vendor’s price, then the University will determine if the Vendor has requested a price-matching opportunity, review the Certification(s) of the resident Vendor(s) to determine whether the resident Vendors have properly executed the Certification and ensure that the information and documentation provided in or with the Certification or otherwise submitted to the University supports the resident Vendor(s) qualification to exercise the price-match opportunity. The University may seek clarification of the Certification and/or information in a resident Vendor’s Certification and request additional information and documentation, if needed. If any resident Vendor’s award is challenged in a bid protest, based on the accuracy of that Vendor’s claim of qualification for the price-matching, the resident Vendor shall provide additional information and/or documents to the University within five (5) business days of receiving a request from the University for such information and/or documentation, or its award shall be subject to cancellation. Pursuant to G.S. 132-1.1, 105-259(b) and Paragraph 12 of the Instructions to Vendors, the University is prohibited from making public disclosure of the Vendor’s tax information and documents submitted (subject to those exceptions set out in G.S. 105-259(b)) and the University shall preserve the confidentiality of the tax information and/or documents received Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 15 of 25 in response to a request for clarification or to resolve a bid protest challenging a resident Vendor’s qualification for the price-matching preference in accordance with applicable law. In order to further preserve the confidentiality of any Vendor’s tax information and documentation provided to the University, the Vendor shall comply with Paragraph 14 of the Instructions to Vendors and mark “CONFIDENTIAL” at the top and bottom of each page of such information and documentation. After review of all relevant material, the University shall include in its recommendation for award a finding that the North Carolina resident Vendor(s) is or is not qualified for the price-matching opportunity. If more than one North Carolina resident Vendor qualifies for the price-matching opportunity, then the University will prioritize the qualified North Carolina resident Vendors according to the prices bid, from lowest to highest, so that the qualified North Carolina resident Vendor that submitted the lowest bid receives the first opportunity to match the bid price of the lowest non-resident Vendor that met all IFB requirements. If the lowest qualified North Carolina resident Vendor that met all IFB requirements declines to accept Contract award, then the Contract will be offered to the next lowest qualified North Carolina resident Vendor meeting all IFB requirements and continue in this manner until either a qualified North Carolina resident Vendor accepts the Contract award or the award is made to a non-resident Vendor if no qualified North Carolina resident Vendor agrees to match the lowest price bid. If two resident Vendors qualify for the price-matching opportunity, and both score the same on price, then the University may: (1) consider the information provided in those Vendors’ Certifications or publicly available information to determine with which Vendor the Contract award would have a greater impact of stimulating or sustaining the North Carolina economy and/or is most likely to create or save jobs (e.g., if the choice is between a resident broker and a resident manufacturer of the subject goods, then the Contract will be awarded to the resident manufacturer); (2) consider the unemployment rates in the municipality or county where each Vendor’s principal place of business is located; (3) seek clarification from the Vendors to ascertain the impact on their respective businesses if offered the award of the Contract; or (4) utilize any other approved method of deciding between equal bids. If a resident Vendor requests and qualifies for the price-matching preference, the resident Vendor will be notified of its opportunity to agree to match the lowest price and receive Contract award, and it will have two (2) business days from the date and time of such notification to indicate its response, either agreeing or declining to match the lowest responsible non-resident Vendor’s price and receive the Contract award based on that price match. If the IFB requests bids on alternative configurations or components, then the price match shall apply to the actual alternative chosen by the University. If at any time during or after the procurement process (including but not limited to clarifications and resolution of bid protests) the University determines that: any certifications or information in the Certification is false, substantially inaccurate, materially misleading or that the Vendor failed to provide, within the specified time period, any additional information requested, then the University may: (1) Cancel any award, Contract and/or purchase order that was awarded to such Vendor based on the price-matching preference, and the resident Vendor shall be liable for all costs incurred as a result of the cancellation, including any increased costs the University may incur as a result of awarding the Contract to another Vendor; (2) Bar the Vendor from all price-matching opportunities in future University procurements for a period of time not to exceed three (3) years, exclusive of any debarment period; (3) Take action against the Vendor under the False Claims Act, G.S. 1-605 through 1-617, inclusive, for submitting a false Certification for the price-matching preference under Executive Order #50 (including but not limited to treble damages and civil penalties); and/or (4) Debar Vendor from doing business with the State of North Carolina for a period of time not to exceed three years, as determined by the University. Any such debarment period shall not begin to run until all damages, costs and penalties as may be assessed against such Vendor have been fully paid. ALL VENDORS (BOTH RESIDENT AND NONRESIDENT) SHOULD ANSWER QUESTION #1. A RESIDENT VENDOR REQUESTING A PRICE- MATCHING OPPORTUNITY SHALL ANSWER BOTH QUESTIONS: 1. Vendor is a resident of North Carolina as defined in G.S. 143-59? YES NO 2. Resident Vendor requests a price-matching opportunity? YES NO Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 16 of 25 The following Sections shall be completed if a resident Vendor is requesting a price-matching opportunity: PART I – EO50 Please check the applicable boxes below, in order to be considered for the price-matching preference under Executive Order #50 and G.S. 143-59(c)(1). I hereby certify that the Vendor paid unemployment taxes to the State of North Carolina for the most recent quarter or annually, and has specifically done so for the last such payment period. I hereby certify that the Vendor paid income taxes to the State of North Carolina each calendar quarter, or otherwise annually, and has specifically done so for the last such payment period. PART II – EO50 I hereby certify that the Vendor’s principal place of business is located in North Carolina. A. Business Type (Please check the applicable box): Corporation (all types) Limited Liability Company General Partnership Limited Partnership Limited Liability Partnership Sole Proprietorship Individual Unincorporated Association Other: _________________________________________ B. Provide address of principal place of business: _____________________________ Street Address (no P.O. Box number) _____________________________ City, State, Zip Code Is the above address the location of Vendor’s headquarters? YES NO If Vendor has a public website, provide the link/address: _________________________________ C. ATTACH A COPY OF VENDOR’S MOST RECENT FILINGS WITH THE NORTH CAROLINA SECRETARY OF STATE (such as Vendor’s Certificate of Authority, Annual Report or such other filing that discloses a North Carolina business address for the Vendor). OR (check the box below) Vendor certifies that its business is not required to make filings with the North Carolina Secretary of State. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 17 of 25 RESIDENT VENDOR’S CERTIFICATION FOR PRICE-MATCHING OPPORTUNITY UNDER EXECUTIVE ORDER #50 NOTICE: The Price-Matching Opportunity will only be given to Vendors that fully complete this affidavit (i.e., all information shall be provided, all supporting documents shall be attached, the affidavit shall be signed by an authorized representative of the Vendor and the affidavit shall be notarized) and demonstrate their qualifications for the Price- Matching Preference through the certification and information provided in this affidavit and any other required information. Affidavit of ______________________________________________________ (name of resident Vendor, hereinafter the “Vendor”). The undersigned hereby certifies that he or she has read this certification, that all information provided in Part I and Part II, above, is true and accurate, and that he or she is an officer, member, partner, owner or such managing employee of the Vendor (the “Authorized Representative”) that is authorized to execute this affidavit and to bind the Vendor to the certifications, statements and agreements herein. Name of Authorized Representative: _______________________________________________ Signature: _______________________________________________ Title: _______________________________________________ Date: _______________________________________________ NOTARY: State of ________________________________, County of __________________________ Subscribed and sworn to before me this ___________ day of _______________ 20_______ Notary Public: _________________________ My commission expires _________________ This Space is Intentionally Left Blank [ Stamp] Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 18 of 25 ATTACHMENT D: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this IFB document. 2. LATE BIDS: Late bids, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor’s sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: The University reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the Vendor, to accept any item in the bid. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the University reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the University, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the University. 5. EXECUTION: Failure to sign the Execution page (page 3 of the IFB) in the indicated space will render bid non- responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or in any resulting contract, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this IFB, including any negotiated terms; (2) requirements and specifications in Sections 2, 4, and 5 of this IFB; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT D: INSTRUCTIONS TO VENDORS; and (5) Vendor’s Bid. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each Vendor shall submit with their bid sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid or available elsewhere will not satisfy this provision. Bids that do not comply with these requirements shall constitute sufficient grounds to reject the bid. 8. RECYCLING AND SOURCE REDUCTION: It is the policy of the University to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable and less toxic to the extent that the purchase or use is practicable and cost- effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will adequately protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of purchasers those products or packaging they offer which have recycled content and that are recyclable. 9. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following: • All copies of the bid are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30%. • Unless absolutely necessary, all bids and copies should minimize or eliminate use of non-recyclable or non- reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable. • Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 19 of 25 10. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), the University invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 11. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any bid from a North Carolina resident Vendor. The “Principal Place of Business” is defined as that principal place from which the trade or business of the Vendor is directed or managed. 12. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the University will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 13. PROTEST PROCEDURES: When Vendor wishes to protest a contract awarded by UNCW valued in excess of $10,000, but less than $500,000, the Vendor shall submit a written request for protest meeting to the Director of Purchasing Services within 15 consecutive calendar days from the date of the contract award. The Director of Purchasing Services shall furnish a copy of this letter to the Vice Chancellor for Business Affairs (VCBA) within 5 consecutive calendar days of receipt. The Vendor’s letter shall contain specific reasons and any supporting documentation to support their protest of the award. If the letter does not contain this information, or if the Purchasing Director determines that a meeting would serve no purpose, then he may, within 5 consecutive calendar days from the date of receipt of the letter, respond in writing to the Vendor and reuse the protest meeting request. A copy of the letter shall be forwarded to the Vice Chancellor for Business Affairs. If the protest meeting is granted, the Director of Purchasing Services shall attempt to schedule the meeting within 15 consecutive calendar days after receipt of the letter, or as soon as possible thereafter. Within 5 consecutive calendar days from the date of the protest meeting, the Director of Purchasing Services shall respond to the Vendor in writing with his decision. A copy of the letter shall be forwarded to the Vice Chancellor for Business Affairs. The University shall notify the State Purchasing Officer, in writing, of any further administrative or judicial review of the contract award. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. If a ground of a protest is based on a challenge to the qualification of a North Carolina resident Vendor to be awarded a Contract pursuant to Executive Order #50 (price-matching opportunity), the University Purchasing Specialist may request the North Carolina resident Vendor to produce documentation substantiating the North Carolina resident Vendor’s qualification for the subject preference. These documents shall be requested and received prior to any decision on whether to deny or grant a protest meeting. As provided herein, the North Carolina resident Vendor is required to produce to the University the requested documentation within five (5) business days of the University’s request and failure to produce the documents within that time period may result in the cancellation of the Contract. Also note that any tax, financial, accounting or banking documents the North Carolina resident Vendor submits to the University in connection with the resolution of a protest shall not be disclosed to the protester pursuant to G.S. 132-1.1 and 105-259(b) and the University shall preserve the confidentiality of such documents 14. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. https://www.ips.state.nc.us/ips/ Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 20 of 25 15. COMMUNICATIONS BY VENDORS: In submitting its bid, the Vendor agrees not to discuss or otherwise reveal the contents of its bid to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this IFB. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the University concerning the solicitation, during the evaluation of the bids (i.e., after the public opening of the bids and before the award of the Contract), unless the University directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor’s bid and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this IFB. Vendors not in compliance with this provision may be disqualified, at the option of the University, from the Contract award. Only those communications with the using agency or issuing agency authorized by this IFB are permitted. 16. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter the bid number, and then search. Tabulations will normally be available at this website not later than one working day after the bid opening. Lengthy or complex tabulations may be summarized, with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 17. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP) allows Vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website https://www.ips.state.nc.us/. 18. WITHDRAWAL OF BID: a bid may be withdrawn only in writing and actually received by the office issuing the IFB prior to the time for the opening of bids identified on the cover page of this IFB (or such later date included in an Addendum to the IFB). A withdrawal request shall be on Vendor’s letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of bids shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 19. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the University during the competitive process or after award. The University is bound only by information provided in this IFB and in formal Addenda issued through IPS. 20. COST FOR BID PREPARATION: Any costs incurred by Vendor in preparing or submitting bids are the Vendor’s sole responsibility; UNCW will not reimburse any Vendor for any costs incurred prior to award. 21. VENDOR’S REPRESENTATIVE: Each Vendor shall submit with its bid the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's bid. 22. INSPECTION AT VENDOR’S SITE: The University reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the University determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. This Space is Intentionally Left Blank https://www.ips.state.nc.us/ips/BidNumberSearch.aspx https://www.ips.state.nc.us/ Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 21 of 25 ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 1. DEFAULT AND PERFORMANCE BOND: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the University shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the University, become its property, and the Vendor shall be entitled to receive just and equitable compensation for any acceptable work completed on such materials. Notwithstanding, Vendor shall not be relieved of liability to the University for damages sustained by the University by virtue of any breach of this contract, and the University may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the University from such breach can be determined. The University reserves the right to require at any time a performance bond or other acceptable alternative performance guarantees from a Vendor without expense to the State. The Vendor shall be in default, if its Certification submitted for a price-matching opportunity under Executive Order #50 and G.S. 143-59 was false and/or contained materially misleading or inaccurate information, and/or Vendor failed to provide information and documentation requested by the University to substantiate Vendor’s Certification. The University may take action against the Vendor under the False Claims Act, G.S. 1-605 through 1-617, inclusive, for submitting a false Certification for the price-matching opportunity under Executive Order #50 (including but not limited to treble damages and civil penalties). In addition, in the event of default by the Vendor under this contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the University may immediately cease doing business with the Vendor, immediately terminate this contract for cause, and may act to debar the Vendor from doing future business with the University. 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Vendor to notify, in writing, the Contract Lead at once, indicating the specific regulation which required such alterations. The University reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in this contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a. G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the University that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media- assisted, media-facilitated, or media-solicited means. By execution of the bid document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. b. All agencies participating in this Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c. Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. 5. SITUS: The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 22 of 25 6. GOVERNING LAWS: This Contract is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules. 7. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. 8. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. 9. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment. 10. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical 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. The complete product(s) offered herein, and NOT merely its component parts or subsystems, shall comply with the above requirement for safety listing. Having the appropriate certification or safety label affixed to any device delivered pursuant to this solicitation, under the conditions described above, is a material condition of any contract awarded as a result of this solicitation. All costs for product and industry certifications and listings, and any other actions required to supply conforming products to the University as described in this IFB, are the sole responsibility of the Vendor. The certification or safety label shall be affixed and be visible on the OUTSIDE of the all products that require a certification or safety label in order to pass the State Quality Acceptance Inspection. The requirements of this paragraph 10 shall not be waived by contract award or otherwise by the purchasing agency. 11. INTELLECTUAL PROPERTY INDEMNITY: Vendor shall hold and save the University, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or unpatented invention, articles, device or appliance delivered in connection with this contract. 12. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time, the University may terminate this contract at any time by providing 30 days’ notice in writing from the University to the Vendor. In that event, all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the University, become its property. If the contract is terminated by the University as provided in this section, the University shall pay for services satisfactorily completed by the Vendor, less any payment or compensation previously made. 13. ADVERTISING: Vendor agrees not to use the existence of this Contract or the name of the University of North Carolina Wilmington as part of any commercial advertising or marketing of products or services. A Vendor may inquire whether the University is willing to act as a reference by providing factual information directly to other prospective customers. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 23 of 25 14. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency’s internal auditors shall have access to persons and records related to this Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 15. ASSIGNMENT: No assignment of the Vendor’s obligations nor the Vendor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the University may: a. Forward the Vendor’s payment check directly to any person or entity designated by the Vendor, and b. Include any person or entity designated by Vendor as a joint payee on the Vendor’s payment check. In no event shall such approval and action obligate the University to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor’s assets. Any purported assignment made in violation of this provision shall be void and a material breach of this Contract. 16. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The Vendor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of Vendor’s employees who are engaged in any work under the Contract. If any work is sub-contracted, the Vendor shall require the sub-Contractor to provide the same coverage for any of his employees engaged in any work under the Contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non- owned vehicles, used in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of this Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor’s liability and obligations under the Contract. Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 24 of 25 17. GENERAL INDEMNITY: The Vendor shall hold and save the University, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days that the University has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the University’s agents who are involved in the delivery or processing of Vendor goods to the University. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract. 18. ELECTRONIC PROCUREMENT: Not applicable. 19. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 20. ENTIRE AGREEMENT: This IFB and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This IFB, any Addenda hereto, and the Vendor’s bid are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 21. AMENDMENTS: This contract may be amended only by a written amendment duly executed by the University and the Vendor. 22. WAIVER: The failure to enforce or the waiver by the University of any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance. 23. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 24. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in this contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity that otherwise would be available to the University under applicable law. This Space is Intentionally Left Blank Bid Number: 72-BKHR20087 Vendor: __________________________________ Ver: 6/20/16 Page 25 of 25 ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: ________________________________________________________________ The undersigned hereby certifies that: [check all applicable boxes] The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: __________________________ The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. The Vendor is current in all amounts due for payments of federal and state taxes and required employment- related contributions and withholdings. The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract. He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This shall constitute a continuing certification and Vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein. If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason in the space below: ______________________________________________________________________________ Signature Date ______________________________________________________________________________ Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] 1.0 PURPOSE AND BACKGROUND 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BIDS DOCUMENT 2.2 E-PROCUREMENT SOLICITATION 2.3 IFB SCHEDULE 2.4 BID QUESTIONS 2.5 BID SUBMITTAL 2.6 BID CONTENTS 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION 3.3 BID EVALUATION PROCESS 3.4 EVALUATION CRITERIA 3.5 PERFORMANCE OUTSIDE THE UNITED STATES 3.6 INTERPRETATION OF TERMS AND PHRASES 4.0 REQUIREMENTS 4.1 PRICING 4.2 PRODUCT IDENTIFICATION 4.3 TRANSPORTATION AND IDENTIFICATION 4.0 4.4 DELIVERY 5.0 4.5 WARRANTY 4.6 REFERENCES 4.7 SAMPLES - MANDATORY 4.8 INVOICES 5.0 PRODUCT SPECIFICATIONS 7.0 5.1 GENERAL SPECIFICATIONS - REQUIREMENTS 5.2 DEVIATIONS ATTACHMENT A: PRICING FORM ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR ATTACHMENT C: DESCRIPTION OF EXECUTIVE ORDER #50 AND CERTIFICATION ATTACHMENT D: INSTRUCTIONS TO VENDORS ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION