Analog Classroom Upgrades

STATE OF NORTH CAROLINA Central Piedmont Community College Invitation for Bid #: 88-220084-TH Furnish & Deliver Analog Classroom Upgrades Date Issued: May 17, 2022 Bid Opening Date: June 1, 2022 At 2:00 pm ET Direct all inquiries concerning this IFB to: Tim Hawkins Senior Buyer Email: tim.hawkins@cpcc.edu Phone: 704-330-2722 ext. 3025 Ver. 11/2021 STATE OF NORTH CAROLINA Invitation for Bids # 88-220084-TH ______________________________________________________ For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page shall be filled out and returned with your bid. Failure to do so shall be sufficient cause to

reject your bid. ___________________________________________________ Vendor Name ______________________________ Vendor eVP # Note: For your bid 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. 11/2021 STATE OF NORTH CAROLINA Central Piedmont Community College Refer ALL Inquiries regarding this IFB to: Tim Hawkins Tim.Hawkins@cpcc.edu Invitation for Bids # 88-220084-TH Bids will be publicly opened: June 1, 2022 at 2:00 pm Using Agency: Central Piedmont Community College Commodity No. and Description: 521616 - Analog Classroom Upgrades Requisition No.: PR12301835 EXECUTION In compliance with this Invitation for Bids (IFB), 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 understands that false certification is a Class I felony and 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 ▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1. 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 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 or agents of Vendor’s organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the ATTACHMENTS page within this document. Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED. Late bids 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 #11): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL: Ver. 11/2021 FOR STATE USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by _______________________________________________________________ (Authorized Representative of Central Piedmont Community College) VALIDITY PERIOD Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB. BID ACCEPTANCE If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. Ver. 11/2021 TABLE OF CONTENTS 1.0 PURPOSE AND BACKGROUND .......................................................................................... 7 2.0 GENERAL INFORMATION .................................................................................................... 7 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................. 9 3.1 METHOD OF AWARD ............................................................................................................ 9 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ....... 10 3.3 BID EVALUATION PROCESS .............................................................................................. 10 3.4 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................ 10 3.5 INTERPRETATION OF TERMS AND PHRASES ................................................................. 11 4.0 REQUIREMENTS ................................................................................................................. 11 4.1 PRICING .............................................................................................................................. 11 4.2 ESTIMATED QUANTITIES ................................................................................................... 11 4.3 PRODUCT IDENTIFICATION ............................................................................................... 11 4.4 TRANSPORTATION AND IDENTIFICATION ....................................................................... 11 4.5 DELIVERY ............................................................................................................................ 12 4.6 WARRANTY ......................................................................................................................... 12 4.7 HUB PARTICIPATION .......................................................................................................... 12 4.8 VENDOR’S REPRESENTATIONS ....................................................................................... 12 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................ 13 5.0 PRODUCT SPECIFICATIONS ............................................................................................. 13 5.1 CERTIFICATION AND SAFETY LABELS ............................................................................. 13 6.0 CONTRACT ADMINISTRATION .......................................................................................... 13 6.1 CONTINUOUS IMPROVEMENT .......................................................................................... 13 6.2 INVOICES ............................................................................................................................ 13 6.3 DISPUTE RESOLUTION ...................................................................................................... 13 6.4 PRODUCT RECALL ............................................................................................................. 14 6.5 PRICE ADJUSTMENTS ....................................................................................................... 14 6.6 CONTRACT CHANGES ....................................................................................................... 14 6.7 TAXES ................................................................................................................................. 14 7.0 ATTACHMENTS .................................................................................................................. 15 ATTACHMENT A: PRICING FORM ...................................................................................................... 15 ATTACHMENT B: INSTRUCTIONS TO VENDORS ............................................................................. 16 ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS ...................................... 16 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION ................................................. 16 ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR .............................................. 16 ATTACHMENT F: VENDOR REQUEST FOR EO50 PRICE-MATCHING ............................................. 16 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION ...................................................... 16 Ver. 11/2021 ATTACHMENT H: CUSTOMER REFERENCE FORM .......................................................................... 16 ATTACHMENT G: CERTIFICATE OF INSURANCE REQUIREMENTS................................................ 17 Ver. 11/2021 1.0 PURPOSE AND BACKGROUND It is the intent of this Invitation for Bids to establish an Agency Specific Term Contract to furnish and deliver parts for Analog Classroom Upgrades on an “As Needed” basis, if and when ordered by Central Piedmont Community College. THIS IS A BRAND SPECIFIC ONLY SOLICITATION - NO SUBSTITUTIONS WILL BE ALLOWED Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 1.1 CONTRACT TERM The Contract shall have an initial term of one year, beginning on the date of final Contract execution (the “Effective Date”) At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. The State reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. Bids shall 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 BID DOCUMENT The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: The E-Procurement fee may apply to this solicitation. See paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this 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, or other component within this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB 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 or negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid. 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 that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this IFB 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 bid as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. http://eprocurement.nc.gov/ Ver. 11/2021 2.4 IFB SCHEDULE The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue IFB State 5/17/2022 Submit Written Questions Vendor 5/25/2022 by 2pm Provide Responses to Questions State 5/26/2022 Submit Bids Vendor 6/1/2022 by 2pm Contract Award State TBD Contract Effective Date State TBD 2.5 BID QUESTIONS 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 the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum. Written questions shall be e-mailed to tim.hawkins@cpcc.edu by the date and time specified above. Vendors will enter “IFB # 88-220084-TH Questions” as the subject for the email. Question 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 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 IFB. 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 IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this IFB. 2.6 BID SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. The date and time of receipt will be marked on each bid when received. Any bid or portion thereof received after the bid submission deadline will be rejected. [NC BIDS] If applicable to this IFB and using NC BIDS, all bid 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 bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s). Vendors are strongly encouraged to allow sufficient time to upload bids. Critical updated information may be included in Addenda to this IFB. It is important that all Vendors responding 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. http://www.ips.state.nc.us/ https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors Ver. 11/2021 2.7 BID CONTENTS Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion Vendor IFB responses shall include the following items and attachments, which shall be arranged in the following order: a) Cover Letter, must include a statement that confirms that the Vendor has read the IFB in its entirety, including all links, and all Addenda released in conjunction with the IFB. b) Title Page: Include the company name, address, phone number and authorized representative along with the Bid Number. c) Completed and signed version of EXECUTION PAGES, along with the body of the IFB. d) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned. e) Vendor Response f) Completed version of ATTACHMENT A: PRICING FORM g) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION h) Completed version of ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR i) Completed and signed version of ATTACHMENT F: DESCRIPTION OF EXECUTIVE ORDER #50 form that confirms that a price matching opportunity is requested j) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION k) Completed and signed version of ATTACHMENT H: CUSTOMER REFERENCE FORM 2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference. 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All responsive bids will be reviewed, and award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications set out herein. While the intent of this IFB is to award a Contract(s) to a single Vendor for all line items, 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 IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. If a Vendor selected for award is determined by the State 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 H: VENDOR REQUEST FOR EXECUTIVE ORDER #50 PRICE MATCHING. If such bid(s) are identified, the State will then determine whether any such bid falls within the price- Ver. 11/2021 match range, and, if so, make a Contract award in accordance with the process that implements G.S. 143-59 and Executive Order #50. The State reserves the right to waive any minor informality or technicality in bids received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph of the Instructions to Vendors entitled Confidential Information. 3.3 BID EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct an evaluation of responsive Bids, as follows: Bids will be received according to the method stated in the Bid Submittal section above. All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered may be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do 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. Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the 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. The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, 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 Ver. 11/2021 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 3.5 INTERPRETATION OF TERMS AND PHRASES This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a 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 in a requirement would allow for the State to receive a better bid, the Vendor is encouraged to submit these items in the form of a question during the question and answer period in accordance with the Bid Questions Section above. 4.1 PRICING Bid price shall constitute the total cost to the State for delivery fully assembled and ready for use, including all applicable charges for shipping, delivery, handling, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s response. 4.2 ESTIMATED QUANTITIES The quantities indicated herein are annual estimates only and are provided for informational purposes based on the anticipated usage during the previous one year period. No maximum or minimum quantities are guaranteed. It shall be understood and agreed that the State may purchase more or less than the estimated quantities during the contract period. The State reserves the right to increase or decrease the quantities as needed. The State shall not be obligated to purchase more than its normal requirements. The State will be responsible only for items requested and received. 4.3 PRODUCT IDENTIFICATION BRAND SPECIFIC Manufacturer(s) name Extron and product descriptions used in this solicitation are product-specific. The items offered in response to this solicitation shall be by the manufacturer and the type specified. These specific products are needed due to compatibility and continuity of support. Failure to comply with this requirement shall be a sufficient basis for disqualifying a bid from further consideration. 4.4 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 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. Ver. 11/2021 4.5 DELIVERY The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s): Central Piedmont Community College 1325 E. 7th St. Charlotte, NC 28204 Vendor should complete delivery within 30 consecutive calendar days after receipt of purchase order. For completion by Vendor: Delivery will be made from __________________________________________ (city, state) within _____ consecutive calendar days after receipt of purchase order. Promptness of delivery may be used as a factor in the award criteria. 4.6 WARRANTY Manufacturer’s standard warranty shall apply. Vendors shall include a copy of the manufacturer’s standard warranty with the bid response. The report of a problem does not presuppose that every call must result in an “on-site” visit for service/repair. The Vendor and/or service subcontractor shall utilize best efforts to resolve problems in a timely fashion by using acceptable servicing methods to include, but not limited to, verbal problem analysis and remote diagnosis. The warranty requirement does not impose any additional duty on the State to make other than normal and good faith problem resolution efforts or expenditures of time. Vendor shall be responsible for compliance with warranty terms by any third-party service provider. Vendor shall provide contact information for warranty service provider, below. Vendor is authorized by manufacturer to repair equipment offered during the warranty period? ☐ YES ☐ NO Will the Vendor provide warranty service? ☐ YES ☐ NO, a manufacturer-authorized third party will perform warranty service. Contact information for warranty service provider: Company Name: _______________________________________________ Company Address: _____________________________________________ _____________________________________________ Contact Person (name): _________________________________________ Contact Person (phone number): __________________________________ Contact Person (email): _________________________________________ 4.7 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION. 4.8 VENDOR’S REPRESENTATIONS If the bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same Ver. 11/2021 manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION After the Purchasing Agency has conducted a risk assessment and determined that certain default coverage provisions in the North Carolina General Terms and Conditions paragraph entitled Insurance, should be increased from the minimum stated, that will be indicated in ATTACHMENT G: CERTIFICATE OF INSURANCE REQUIREMENTS for the College’s Certificate of Insurance Requirements. 5.0 PRODUCT SPECIFICATIONS 5.1 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 information is provided for the Vendor’s planning purposes 6.1 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consisting of various ideas to enhance business efficiencies as performance progresses. 6.2 INVOICES Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed line item information to allow Purchasing Agency 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, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED. 6.3 DISPUTE RESOLUTION During the performance of the Contract, the Parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). Ver. 11/2021 During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.4 PRODUCT RECALL Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the State, as necessary, to promptly replace any such products, at no cost to the State. It is understood and agreed that orders will be shipped at the established Contract prices in effect on the date an order is placed. Invoicing that deviates from this provision may result in Contract to cancellation. 6.5 PRICE ADJUSTMENTS Prices proposed by the Vendor shall be firm for the first year of the contract. Price increase requests shall be submitted in writing to the Contract Lead, which shall include the reason(s) for the request and contain supporting documentation for the need. Price increases will be negotiated and agreed to by both the State and Vendor in advance of any price increase going into effect. The State is not obligated to accept pricing adjustments or increases and reserves the right to accept or reject them in part or in whole. Price de-escalation or decreases may be requested by the State at any time. It is understood and agreed that orders will be shipped at the established Contract prices in effect on the date an order is placed. Invoicing that deviates from this provision may result in Contract to cancellation. 6.6 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. 6.7 TAXES No taxes shall be included in any bid prices. Ver. 11/2021 7.0 ATTACHMENTS **IMPORTANT NOTICE** RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT ATTACHMENT A: PRICING FORM Item # QTY UOM PART NUMBER DESCRIPTION *UNIT PRICE EXTENDED PRICE 1 24 Each 60-1914-01 Extron IPCP Pro 255Q xi $_________ $____________ 2 24 Each 60-844-03 Extron MPA 152 Plus $_________ $____________ 3 24 Each 60-1717-12 Extron XTP T USW 103 4K $_________ $____________ 4 24 Each 60-1524-13 Extron XTP R HD 4K $_________ $____________ 5 24 Each 60-1689-01 Extron NBP 110 D $_________ $____________ 6 24 Each ***CB-100-18673 Extron Custom Buttons: 1 x AUX HDMI, 2 x blank, 1 x AUDIO MUTE and 1 x VIDEO MUTE ***CB-100-018673 is a custom part number provided by Extron for the buttons on the button panel. The vendors will need to contact Extron with that custom number and they will be able to pull the parts up in their system. $_________ $____________ GRAND TOTAL $_____________ *Refer to “Section 4.4, Transportation and Identification” ensure all costs are included in unit pricing. Ver. 11/2021 ATTACHMENT B: INSTRUCTIONS TO VENDORS The Instructions to Vendors, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION Complete and return the Historically Underutilized Businesses (HUB) Vendor Information form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR Complete and return the Location of Workers Utilized by Vendor, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf ATTACHMENT F: VENDOR REQUEST FOR EO50 PRICE-MATCHING Complete, sign, and return the Vendor Request for EO50 Price-Matching, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Vendor-Price-Matching-Opportunity_09.2021.pdf ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION Complete, sign, and return the Certification of Financial Condition, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf ATTACHMENT H: CUSTOMER REFERENCE FORM Complete and return the Customer Reference Form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer_Reference_Template_09.2021.pdf *** Failure to Return the Required Attachments May Eliminate Your Response from Further Consideration *** https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Vendor-Price-Matching-Opportunity_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer_Reference_Template_09.2021.pdf Ver. 11/2021 ATTACHMENT G: CERTIFICATE OF INSURANCE REQUIREMENTS Insurance Requirements Commercial General Liability (CGL) – (occurrence form) coverage not less than: $3,000,000 General Aggregate* $3,000,000 Products and Completed Operations Aggregate $1,000,000 Each Occurrence *Including contractual liability, waiver of subrogation, primary & non- contributory. Schedule of Endorsements must be provided GL Policy Number must be listed Automobile Liability – Required for all Owned Autos or must provide ‘Hired & Non-Owned Auto’ coverage: $1,000,000 Combined Single Limit* OR $1,000,000 Bodily Injury per Accident $1,000,000 Bodily Injury per Person $1,000,000 Property Damage *Including waiver of subrogation in favor of Central Piedmont Community College Umbrella Liability – Additional coverage that can be combined to meet requirements $10,000,000 Per occurrence $10,000,000 Aggregate Workers’ Compensation State Statutory Limits* Employer Liability $500,000 Each Accident* $500,000 Disease Policy Limit $500,000 Disease Each Employee *Including waiver of subrogation in favor of Central Piedmont Community College Additional Insured – Central Piedmont Community College (Attach Additional Insured Endorsement evidencing coverage of Ongoing Operations and Completed Operations for the additional insured) – Coverage must be primary and non-contributory above any other insurance Central Piedmont Community College may carry. – Waiver of Subrogation on all policies in favor of Central Piedmont Community College – Make subcontractor’s insurance primary Professional Liability (Errors and Omissions) —if professional services are being provided $1,000,000 Per Occurrence / $5,000,000 Aggregate Cyber Liability $5,000,000 Per Occurrence *Including information security & privacy liability Ver. 11/2021 CERTIFICATES OF INSURANCE MUST INDICATE THE FOLLOWING 1) Central Piedmont Community College needs to be listed as the Additional Insured: a. Central Piedmont Community College (Attach Additional Insured Endorsement evidencing coverage of Ongoing Operations and Completed Operations for the additional insured)  Coverage must be primary and non-contributory above any other insurance Central Piedmont Community College may carry  Waiver of Subrogation on all policies in favor of Central Piedmont Community College  Make subcontractor’s insurance primary 2) Central Piedmont Community College needs to be listed as the Certificate Holder: Central Piedmont Community College ATTN: ENTERPRISE RISK MANAGEMENT, Keisha Campbell PO Box 35009 Charlotte, NC 28235 Mailing address: PO Box 35009, Charlotte NC 28235-5009 Physical address: 1425 Elizabeth Avenue, Charlotte, NC 28204 3) Central Piedmont Community College requires a COI which shows General Liability, Workers’ Compensation, Automobile Liability and Umbrella Liability coverages. (The minimum coverages accepted are listed for each.) a. Enterprise Risk Management may opt to waive the requirements for Automobile Liability or the Workers’ Compensation—depending on the scope and scale of the job or event. b. Enterprise Risk Management may opt to waive the requirements for Umbrella Liability in addition to the GL—depending on the GL coverage as well as the scope and scale of the job or event. 4) Carrier and effective/expiration date must be shown on all coverages listed on COI. 5) If a service is being rendered, Enterprise Risk Management will need to see proof of Professional Liability. 6) If the service being rendered involves waste removal of any kind, Enterprise Risk Management needs to see Pollution Liability as well as Transportation Liability. 7) If any products and/or services related to information technology (including hardware and/or software) are provided to Central Piedmont Community College, Cyber Liability will be required. Additionally, network security liability arising from the unauthorized access to, use of, or tampering with computer systems, including hacker attacks or inability of an authorized third party to gain access to your services, including denial of service, unless caused by a mechanical or electrical failure. 8) There may be instances where Enterprise Risk Management will require additional insurance and/or coverages based on the service(s) provided.