establish a contract with one qualified vendor to finish and deliver specified 70 Yards of Ready Mix Concrete for NorthBend Project on 4769 Powerhouse Rd. Morga...

STATE OF NORTH CAROLINA NC Wildlife Resources Commission Invitation for Bid #: 17-PR12528605SG (Doc646256260) Ready Mix Concrete for NorthBend Project Date Issued: 3/17/2023 Bid Opening Date: 3/29/2023 At 2:00 PM ET Direct all inquiries concerning this IFB to: Shamekia Gales Procurement Officer Email: shamekia.gales@ncwildlife.org Phone: 919-707-0171 mailto:lori.glaum@ncwildlife.org STATE OF NORTH CAROLINA Invitation for Bids # 17-PR12528375SG (Doc646256260) 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. 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. Ver. 11/2021 This page shall be filled out and returned with your bid. Failure to do so may subject your bid to rejection. https://vendor.ncgov.com/vendor/login STATE OF NORTH CAROLINA Division of NC Wildlife Resources Commission (NCWRC) Refer ALL Inquiries regarding this IFB to: Shamekia Gales Shamekia.gales@ncwildlife.org 919-707-0171 Invitation for Bids # 17-PR12528375-SG (Doc646256260) Bids will be publicly opened: 3/29/2023 Using Agency: NC Wildlife Resources Commission Commodity No. and Description: 11111600 - Stone Requisition No.: PR12528375 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 Ariba Sourcing Tool. 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: 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. FOR STATE USE ONLY: Offer accepted and Contract awarded this day of , 20 , as indicated on the attached certification, by (Authorized Representative of NCWRC) 1.0 PURPOSE AND BACKGROUND .......................................................................................... 5 2.0 GENERAL INFORMATION .................................................................................................... 5 2.1 INVITATION FOR BID DOCUMENT ....................................................................................... 5 2.2 E-PROCUREMENT FEE ........................................................................................................ 5 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS ................................ 5 2.4 IFB SCHEDULE ..................................................................................................................... 6 2.5 BID QUESTIONS ................................................................................................................... 6 2.6 BID SUBMITTAL .................................................................................................................... 6 2.7 BID CONTENTS ..................................................................................................................... 7 2.8 ALTERNATE BIDS ................................................................................................................. 7 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ............................................................ 7 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................. 8 3.1 METHOD OF AWARD ............................................................................................................ 8 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ......... 8 3.3 BID EVALUATION PROCESS ................................................................................................ 8 3.4 PERFORMANCE OUTSIDE THE UNITED STATES .............................................................. 9 3.5 INTERPRETATION OF TERMS AND PHRASES ................................................................... 9 4.0 REQUIREMENTS ................................................................................................................... 9 4.1 PRICING ................................................................................................................................ 9 4.2 ESTIMATED QUANTITIES ..................................................................................................... 9 4.3 PRODUCT IDENTIFICATION ............................................................................................... 10 4.4 TRANSPORTATION AND IDENTIFICATION ....................................................................... 10 4.5 DELIVERY ............................................................................................................................ 10 4.6 10 HUB PARTICIPATION ....................................................................................................................... 10 4.7 REFERENCES ..................................................................................................................... 10 4.8 VENDOR’S REPRESENTATIONS ....................................................................................... 10 4.9 FINANCIAL STABILITY ........................................................................................................ 11 4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................ 11 4.11 NC COVID-19 VACCINATION AND TESTING REQUIREMENT .......................................... 11 4.12 FEDERAL COVID-19 VACCINATION REQUIREMENT........................................................ 11 4.13 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS ..................................... 11 5.0 PRODUCT SPECIFICATIONS ............................................................................................. 12 SPECIFICATIONS ................................................................................................................ 12 5.2 DEVIATIONS ........................................................................................................................ 12 6.0 CONTRACT ADMINISTRATION .......................................................................................... 12 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 12 6.2 INVOICES ............................................................................................................................ 12 6.3 DISPUTE RESOLUTION ...................................................................................................... 13 6.4 CONTRACT CHANGES ....................................................................................................... 13 6.5 ATTACHMENTS ................................................................................................................... 13 7.0 ATTACHMENTS .................................................................................................................. 14 ATTACHMENT A: PRICING ................................................................................................................. 14 1.0 PURPOSE AND BACKGROUND The purchase and intent of this invitation for bid (IFB) is to establish a contract with one qualified vendor to finish and deliver specified 70 Yards of Ready Mix Concrete for NorthBend Project on 4769 Powerhouse Rd. Morganton, NC 28655 . The intent of this solicitation is to award an Agency Contract. 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: This is an NC eProcurement solicitation facilitated by the Ariba Network. 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/. What is the Ariba Network? The Ariba Network is a web-based platform that serves as a connection point for buyers and vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: http://eprocurement.nc.gov/training/vendor-training. 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/ http://eprocurement.nc.gov/training/vendor-training 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 3/17/2023 Submit Written Questions Vendor 3/21/2023 by 2pm est. Provide Responses to Questions State 03/23/2023 by 5pm est. Submit Bids Vendor 03/29/2023 by 2pm est. 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. Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the IFB SCHEDULE Section of this IFB. Vendors will enter “IFB # 17-PR12528375SG– Questions” as the subject of the message. Question submittals should include a reference to the applicable IFB section. This is the only manner in which questions will be received. Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET. 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 Sourcing Tool in the form of an addendum 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. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bid(s). Solicitation responses are subject to Sealed Bidding requirements. Vendor’s bids for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST. Tips for Using the Sourcing Tool 1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk. 2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response. https://eprocurement.nc.gov/training/vendor-training 3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted. 4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted. 2.7 BID CONTENTS Vendors shall provide responses to all questions and complete all attachments for this IFB that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures 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. Vendors shall upload the following items and attachments in the Sourcing Tool: 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 g) Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION h) Completed and signed version of ATTACHMENT E: CUSTOMER REFERENCE FORM i) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR j) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION k) Completed and signed version of ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING, if applicable l) Completed and signed version of ATTACHMENT I: ACKNOWLEDGMENT OF COVID-19 VACCINATION AND TESTING POLICY m) Completed and signed version of CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL 2.8 ALTERNATE BIDS Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bids must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Each bid must be for a specific set of Goods and Services and must include specific pricing. Each bid must be complete and independent of other bids offered. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Bids in the Sourcing Tool 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found Sourcing Tool, which are incorporated herein by this reference. The following definitions, acronyms, and abbreviations are also relevant to this IFB: 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-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 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 upload in the Sourcing Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. 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 [1] 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 SUITABILITY FOR INTENDED USE Vendors are requested to offer only items directly complying with the specifications herein or comparable items which will provide the equivalent capabilities, features and diversity called for herein. The State 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 State’s best interest. 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. 4.5 DELIVERY The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s): FURNISH & DELIVER: 70 Yard of Ready Mix Concrete – 4769 Powerhouse Rd, Morganton, NC 28655 Contact info for site Project Manager – Scott Proctor – 828-736-5447 – Please call 48 hours before Delivery is made. Vendor shall complete delivery within 30 days 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 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. 4.7 REFERENCES Vendors shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which your company has supplied the exact model of equipment offered. The State may contact these users to determine quality level of the offered equipment; as well as, but not limited to user satisfaction with Vendor performance. Information obtained may be considered in the evaluation of the bid. 4.8 VENDOR’S REPRESENTATIONS If Vendor’s 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 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 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction Each Vendor shall certify it is financially stable by completing the ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential performance issues from Contracting with a Vendor that is financially unstable. This Certification shall be deemed continuing, and from the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATION A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation: □ Small Purchases ☒ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00 □ Contract value in excess of $1,000,000.00 4.11 NC COVID-19 VACCINATION AND TESTING REQUIREMENT Executive Order 224, signed by Governor Cooper on July 30, 2021, requires all state employees and contractors who may enter facilities at Cabinet Agencies or other participating State Agencies to provide proof of full vaccination or a negative Covid test result within the last seven (7) days. Contractors must follow the requirements of this policy to ensure that their employees are: (1) fully vaccinated or tested weekly, and (2) wearing face coverings where required at Agency facilities. Each Vendor shall certify its acknowledgement and intent to comply with this policy by completing ATTACHMENT I: ACKNOWLEDGMENT OF COVID-19 VACCINATION AND TESTING POLICY. 4.12 FEDERAL COVID-19 VACCINATION REQUIREMENT President Biden recently issued Executive Order 14042 requiring that all employees working on or in connection with a federal contract be fully vaccinated against COVID-19. By responding to this solicitation, Vendor acknowledges and agrees to comply with the federal COVID-19 vaccination requirements. 4.13 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS Federal law prohibits recipients of federal funds, whether through grants, contracts, or cooperative agreements, from using those funds to influence or attempt to influence (lobby) a federal official in connection with obtaining, extending, or modifying any federal contract, grant, loan, or cooperative agreement. Further, federal law requires that applicants for federal funds certify: • that they abide by the above restriction; • that they disclose any permissible (non-federal) paid lobbying on the Federal Awards being applied for; and • that such certification requirements will also be included in any subawards meeting the applicable thresholds. Vendors must complete and submit the CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and the OMB STANDARD FORM LLL when responding to this solicitation. 5.0 PRODUCT SPECIFICATIONS SPECIFICATIONS REQUIREMENTS VENDOR’S RESPONSE Specifications Product/Service Offered Meets Specification Must Be 4500 PSI YES NO Shall Be air entrained with 6% air content with Fivers YES NO Call to schedule delivery date & time and directions 48 hours in advance YES NO Max Slump = 4” and fibers unless otherwise requested by NCWRC personnel YES NO 5.2 DEVIATIONS The nature of all deviations from the Specifications 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 provided herein, and the successful Vendor shall be required to supply conforming goods. Deviations shall be explained in detail below or on an attached sheet. However, no implication is made or intended by the State that any deviation will be acceptable. Do not list objections to the North Carolina General Terms and Conditions in this section. ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes. 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a project manager. The project manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service. 6.2 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). 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 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. 6.5 ATTACHMENTS All attachments to this IFB are incorporated herein and shall be submitted by responding in the Sourcing Tool. These attachments can be found at the following Vendor Forms link for reference purposes only: https://ncadmin.nc.gov/documents/vendor-forms The remainder of this page is intentionally left blank 7.0 ATTACHMENTS ATTACHMENT A: PRICING The Pricing associated with this IFB can be found at the following in the table below: FURNISH AND DELIVER: Item # QTY . UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 70 Cubic Yard Ready Mix Concrete with Fibers as per specifications in Section 5.1 ALL FEES/SURCHARGES AND DELIVERY to be included in PRICE PER CUBIC YARDS $ $ TOTAL EXTENDED PRICE: $ RECYCLED CONTENT: If the products offered herein contain any recycled content, indicate the material and content percentage: Material: Percentage %: ATTACHMENT D: HUB Supplemental Vendor Information Solicitation #: _ Vendor Name: _ Historically Underutilized Businesses (HUBs) consist of minority, women, and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) from one of these categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this procurement process by businesses owned by minorities, women, the disable, disabled business enterprises, and non-profit work centers for the blind and severely disabled. This includes utilizing individual(s) from these categories as subcontractors to perform the functions required in this Solicitation. The Vendor shall respond to questions below, as applicable. PART I: HUB CERTIFICATION Is Vendor a NC-certified HUB entity? Yes No If yes, provide Vendor #: _ _ If no, does Vendor qualify for certification as HUB? Yes No Vendors that check “yes” will be referred to the HUB Office for assistance in acquiring certification. PART II: PROCUREMENT OF GOODS - SUPPLIERS For Goods procurements, are you using Tier 2 suppliers? Yes No If yes, then provide the following information: Company Name Company Address Website Address Contact Name Contact Email Contact Phone NC HUB certified? Percent of total bid PART III: PROCUREMENT OF SERVICES - SUBCONTRACTORS For Services procurements, are you using Subcontractors to perform any of the services being procured under this solicitation? Yes No If yes, then provide the following information: Company Name Company Address Website Address Contact Name Contact Email Contact Phone NC HUB certified? Percent of total bid price Need more information? Questions concerning the completion of this form should be presented during the Q&A period through the process defined in the Solicitation document. Questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at 984-236-0130 or huboffice.doa@doa.nc.gov . http://ncadmin.nc.gov/businesses/hub http://ncadmin.nc.gov/businesses/hub http://ncadmin.nc.gov/businesses/hub mailto:huboffice.doa@doa.nc.gov ATTACHMENT E: CUSTOMER REFERENCE TEMPLATE Solicitation #: _ Vendor Name: _ Instructions: Vendor shall use this template to submit three (3) customer references with its offer. Name of Customer Organization: Customer Reference Name: Customer Reference Address: Customer Reference Email: Start Date: End Date: Explanation of contract, service agreement, or type of products and quantity provided to the organization: Name of Customer Organization: Customer Reference Name: Customer Reference Address: Customer Reference Email: Start Date: End Date: Explanation of contract, service agreement, or type of products and quantity provided to the organization: Name of Customer Organization: Customer Reference Name: Customer Reference Address: Customer Reference Email: Start Date: End Date: Explanation of contract, service agreement, or type of products and quantity provided to the organization: North Carolina Customer Reference Template Version Date: 09/2021 Page | 1 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR Solicitation #: _ Vendor Name: _ In accordance with NC General Statute G.S. 143-59.4, 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 The Contract. Vendor shall complete items 1 and 2 below. 1. Will any work under this Contract be performed outside of the United States? YES NO If “YES”: a) List the location(s) outside of the United States where work under the Contract will be performed by the Vendor, any subcontractors, employees, or any other persons performing work under the Contract. b) Specify the manner in which the resources or workers will beutilized: 2. Where within the United States will work be performed? _ _ _ NOTES: 1. The State will evaluate the additional risks, costs, and other factors associated with the utilization of workers outside of the United States prior to making an award. 2. Vendor shall provide notice in writing to the State of the relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing services under the Contract to a location outside of the United States. l Vendor or subcontractor 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. North Carolina Location of Workers Version Date: 09/2021 Page | 1 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION Solicitation #: _ Vendor Name: _ 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: (If no audit within past 18 months, explain reason below.) ☐ 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 30 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(s) in the space below. Failure to include an explanation may result in Vendor being deemed non- responsive and its submission rejected in its entirety. _ _ _ Signature Date _ _ _ Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] North Carolina Certification of Financial Condition Version Date: 09/2021 Page | 1 ATTACHMENT H : Acknowledgment of COVID-19 Vaccination and Testing Policy Solicitation #: _ Vendor Name: _ Executive Order 224, signed by Governor Cooper on July 30, 2021, requires all state employees and contractors who may enter facilities at Cabinet Agencies or other participating State Agencies to provide proof of full vaccination or a negative Covid test result within the last seven (7) days. Contractors must follow the requirements of this policy to ensure that their employees are: (1) fully vaccinated or tested within seven (7) days of entering a State facility, and (2) wearing face coverings where required at State facilities. New State contracts must ensure that Vendor’s employees are complying with these requirements. If a Vendor’s employee operates off-site and is never expected to enter State facilities, that employee may be exempted from this requirement. Vendors must verify that these requirements are being met by their employees. By signing this acknowledgment, Vendor agrees that it will verify that these requirements are met for its employees who may enter any State facilities subject to this policy. COVID-19 Vaccination In order to show that an employee is fully vaccinated, the employee may submit any of the following: 1. An original or copy of a COVID-19 Vaccination Record Card issued on the form provided by the U.S. Centers for Disease Control and Prevention (“CDC”). 2. A note or receipt signed by a licensed nurse, physician pharmacist, physician’s assistant, or other representative of the place where the vaccine was administered. This note or receipt must show at least: (a) the worker’s name (b) the name of the healthcare provider administering the vaccine (c) date(s) of vaccination (d) place of vaccination and vaccine product name (i.e., Moderna, Pfizer, or Johnson & Johnson) 3. A printout made by the worker of the worker’s record from North Carolina’s COVID-19 Vaccine Management System (“CVMS”). For information about accessing CVMS and to register, workers may visit NCDHHS COVID-19 Vaccine Management System Web Portal. SPECIAL NOTE: A worker’s vaccine information may not be available in CVMS. Other vaccine management systems (for example, the systems used in other states, or the systems used by pharmacies or other health care providers) may also contain vaccinationinformation. COVID-19 Testing For unvaccinated workers subject to the testing requirement, a negative COVID-19 test dated within the last seven (7) days must be provided prior to entering State facilities. Accepted diagnostic testing includes an antigen or molecular test (nucleic acid amplification test [NAAT] or RT-PCR) authorized by the Food and Drug Administration (FDA). Results must come from a Clinical Laboratory Improvement Amendments (CLIA) certified setting appropriate for the test type (i.e., high, moderate, or waived laboratory). The test result should include name, date of birth, date of specimen collection, date of result, and diagnostic test result. Tests that are taken at home, without being submitted through a laboratory, are not acceptable. COVID-19 antibody tests are not acceptable. For more information regarding North Carolina’s Vaccination and Testing Policy, see COVID-19 Vaccination or Testing FAQs | NC Office of Human Resources. https://oshr.nc.gov/covid-19-vaccination-or-testing-faqs https://oshr.nc.gov/covid-19-vaccination-or-testing-faqs The undersigned hereby certifies that he or she has read this certification, that he or she will comply with the requirements set forth above and that he or she is an officer, member, partner, owner, or other such managing employee of the Vendor (the “Authorized Representative”) that is authorized to execute this certification and to bind the Vendor to the certifications, statements, and agreements herein. _ _ _ Signature Date _ _ _ Name of Authorized Representative Title Ver: 11/2021 1