Janitorial Services - TowneBank Center, Wendell H. Murphy Center, Tuffy's Terrace

expired opportunity(Expired)
From: North Carolina State University(Higher Education)
63-JDJ913365

Basic Details

started - 15 Mar, 2023 (12 months ago)

Start Date

15 Mar, 2023 (12 months ago)
due - 20 Apr, 2023 (11 months ago)

Due Date

20 Apr, 2023 (11 months ago)
Bid Notification

Type

Bid Notification
63-JDJ913365

Identifier

63-JDJ913365
UNIVERSITY - North Carolina State

Customer / Agency

UNIVERSITY - North Carolina State
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Raleigh, North Carolina Request for Proposals (RFP) #63-JDJ913365 - Janitorial Services-TowneBank Center, Wendell H. Murphy Center, Tuffy’s Terrace For internal administrative processing, including tabulation of proposals for posting to the Interactive Purchasing System (IPS), please provide your company’s Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is available for public inspection. THIS PAGE IS TO BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL. FAILURE TO DO SO MAY SUBJECT YOUR PROPOSAL TO REJECTION. Federal ID Number or Social Security Number: SUPPLIER NAME: DATE: REQUEST FOR PROPOSALS (RFP) RFP # 63-JDJ913365 TITLE: Janitorial Services - TowneBank Center, Wendell H. Murphy Center, Tuffy’s Terrace USING DEPARTMENT: Athletics ISSUE
DATE: March 15, 2023 DUE DATE: 2:00 pm, Thursday, April 20, 2023 ISSUING AGENCY: NC State University Procurement Services Department Campus Box 7212 Raleigh, NC 27695 Proposals subject to the conditions made a part hereof will be accepted until 2:00 pm, Thursday, April 20, 2023 for furnishing services described herein. Proposals must be submitted electronically at: https://ncsu.bonfirehub.com/opportunities/89431 Upload scanned pages from this RFP document included with your proposal response where indicated on the Bonfire website. Direct all inquiries (via email) concerning this RFP to: Joel Johnson NC State University Procurement Services Department Email: jdjohn25@ncsu.edu A MANDATORY PRE-PROPOSAL CONFERENCE Date: 9:00 AM, Thursday, March 30, 2023 Location: TowneBank Center, Dail Club at Carter-Finley Stadium, 4680 Trinity Rd in Raleigh, NC. Enter through Gate 4 and park in Lot C. Access to TowneBank Center is only by elevator. Attendance is mandatory in order for a proposal to be considered for award. Proposals from proposers who do not attend, who do not arrive before 9:00 a.m., or who are not present for the entire pre-proposal conference will not be considered for award. This will be the only opportunity to view the work location. Attempts to gain information through any other means may cause rejection of your proposal. NC State Campus Map NOTE: Questions concerning the RFP requirements must be submitted in writing via email to jdjohn25@ncsu.edu, Subject Line: RFP #63-JDJ913365 - Questions, no later than 5:00 P.M. on Thursday, April 6, 2023. Questions will be answered in the form of an addendum to this RFP. No other contact with university representatives regarding this RFP is allowed during the proposal process. Attempts to obtain information directly from university personnel, or by any other means, may subject your proposal response to rejection. Please use the following template to submit your questions: 1 https://ncsu.bonfirehub.com/opportunities/63054 mailto:jdjohn25@ncsu.edu https://maps.ncsu.edu/#/buildings/135 mailto:jdjohn25@ncsu.edu Reference Vendor Question RFP Section, Page Number Vendor question ...? Insert rows as needed Janitorial Services for Townebank Center, Wendell H. Murphy Center, and Tuffy’s Terrace RFP 1. INTRODUCTION: PURPOSE AND BACKGROUND North Carolina State University Athletic Department (hereafter referred to as University) seeks proposals from qualified janitorial contractors (hereafter referred to as supplier) to provide cleaning services at TowneBank Center (hereafter referred to as TBC), Wendell Murphy Football Center (hereafter referred to as Murphy Center), and Tuffy’s Terrace for up to eight (8) football games each season, extra events as needed during the year, and weekly cleans for TBC and Murphy Center. TBC, Murphy Center, and Tuffy’s Terrace are all located at Carter-Finley Football Stadium. 2. CONTRACT PERIOD The term of any resulting agreement shall be for a period of one (1) year from date of award. At the University’s option, and under the same terms and conditions, the contract may be extended for two (2) additional two (2) year periods, not to exceed a total contract period of five (5) years. The anticipated start date of this contract is August 1, 2023. 3. SCOPE OF WORK 3.1 The University will provide all cleaning supplies needed to maintain the facility. These supplies will include, but not be limited to, mops, buckets, rags, brooms, cleaning agents, biohazard spill kits, soaps, gloves, plungers, trash bags, and paper products (toilet tissue and paper towels). There will be a mandatory orientation prior to the start of each football season. The orientation will cover policies and will include a facility walkthrough. All supplier employees shall attend this orientation. 3.2 Services required during each football game for TBC: All attendants shall be on site at least two and a half (2.5) hours prior to kick off and remain on site until the post-game cleaning is complete. The University will provide attendants with polos and will expect each employee to project a professional appearance and attitude. Professional appearance to include: khaki pants, polo (provided by NC State Athletics) and an NC State hat (if provided by NC State Athletics, however not mandatory). The total time for attendants for each game shall not exceed eight (8) hours on game day. No additional payments will be made if the event exceeds eight (8) hours. The awarded supplier shall provide a minimum of six (6) attendants (3 women & 3 men) and two (2) supervisors on the day of all scheduled events to service the club level, public restrooms, and levels 2, 3, and 4. Supervisors will need to have the ability to communicate with the University and with their employees at all times. Two (2) attendants (1 female and 1 male) and one (1) supervisor will be responsible for trash removal for all floors and checking restrooms and press area on 3rd and 4th floors. Duties will include: ● Clean/mop restroom floors as needed during the football games/events. ● Keep sinks, toilets, and urinals clean and free of trash. ● Keep restrooms stocked with paper products and soap. ● Wipe down tables. ● Keep the floor free of all paper and trash. ● Pull full trash bags and reline cans. 2 ● Remove trash from the building and put it in the dumpster on site at designated times using designated elevators. ● Respond to emergency cleaning issues i.e.: spills. ● Notify the University’s Facilities’ office of any malfunctions/emergencies during the event. ● Clean up biohazard spills in suites, hallways, common bathrooms, lobbies and elevators. Remaining attendants to be stationed on 1st floor and duties shall include: ● Clean/mop restroom floors as needed during the football games/events. ● Keep sinks, toilets, and urinals clean and free of trash. ● Keep restrooms stocked with paper products and soap. ● Wipe down tables. ● Keep the floor free of all paper and trash. ● Pull full trash bags and reline cans. ● Respond to emergency cleaning issues i.e.: spills. ● Notify University Facilities’ office of any malfunctions/emergencies during the event. ● Janitorial services required during post game cleaning: ● No post game cleaning may be started until area is empty (i.e. patrons, University Dining employees, members of the press, University employees). ● Clean up biohazard spills in the outside seating area, club level common areas, lobbies, common bathrooms, and elevators. Club Level (1st floor) Interior/Exterior seating on club level ● Empty all liquid from drink cups into a bucket, when the bucket is full, empty into the drain in the janitor’s closet. Throw cups into trash. ● Remove all recycling and trash and deposit it into a dumpster on site. 2nd & 3rd Floor-Suites-Lower seating area only ● Empty all liquid from drink cups into a bucket, when the bucket is full, empty into the drain in the janitor’s closet. Throw cups into trash. ● Remove all recycling and trash and deposit it into a dumpster on site. Hallways and public restrooms ● Remove all recycling and trash and deposit it into a dumpster on site. 4th Floor-Suites and public restrooms ● Empty all liquid from drink cups into a bucket, when the bucket is full, empty into the drain in the janitor’s closet. Throw cups into trash. ● Remove all recycling and trash and deposit it into a dumpster on site. 3.3 Services required the day after a football game: Cleaning of the facility the day after a football game will begin no earlier than 7:00 a.m. and shall be completed no later than 3:00 p.m. that same day. The Supplier’s supervisor shall remain on site during the entire cleaning process. Contractor to provide their own vacuums for the day after a football game cleaning. Punch list items will be listed in writing and completed before the 3:00 pm deadline. The Supplier shall perform each of the following tasks after each event: Club Level (1st Floor)-Interior ● Remove all recycling and dispose of it in a dumpster on site. Location to be determined. ● Clean all inside windows using soap and water, squeegee, and paper towel only. ● Clean window sills with disinfectant cleaner. ● Wipe down all counter tops in the drink areas using a disinfectant cleaner. ● Wipe down all sides of drink areas using a disinfectant cleaner. ● Sweep and mop tile floors in drink areas. ● Dust all wood furniture with a damp cloth (water only). ● Clean leather couches and chairs with disinfectant cleaner. ● Clean cup holders in all couches and chairs with disinfectant cleaner. 3 ● Wipe all cloth chairs with clean, dry cloth and vacuum cushions. ● Clean all table tops with disinfectant cleaner. ● Sweep and mop floors in rest rooms. ● Clean all bathroom countertops with disinfectant cleaner. ● Hand clean toilets and urinals with bowl cleaner. ● Restock all paper products in bathrooms. ● Wipe all walls, stall dividers and doors clean with disinfectant cleaner. ● Clean mirrors with soap and water, squeegee, and paper towel only. ● Clean kick plates and push plates with stainless steel cleaner. ● Clean stainless steel trash cans with stainless steel cleaner. ● Clean stainless steel paper towel dispenser with stainless steel cleaner. ● Clean all water fountains with stainless steel cleaner. ● Wipe inside and outside of all trash cans with disinfectant cleaner. ● Wipe inside and outside of all recycling containers with disinfectant cleaner. ● Vacuum all carpeted areas. ● Sweep and mop elevator lobbies. ● Wipe elevator doors with damp cloth (water only). Exterior ● Clean windows with soap and water, squeegee, and paper towel only. ● Clean panic bars with disinfectant cleaner. ● Sweep and mop seating area and stairs. ● Squeegee away all standing water. ● Wipe down all chairs with disinfectant cleaner. ● Clean all cup holders with disinfectant cleaner. ● Clean tables with stainless steel cleaner. ● Wipe counter top with disinfectant cleaner. 2nd and 3rd Floor-Private suites, hallways, and public restrooms ● Remove recycling and deposit it in a dumpster on site. Location to be determined. ● Wipe all countertops with disinfectant cleaner. ● Wipe all sides of all cabinets with disinfectant cleaner. ● Clean sinks with disinfectant cleaner. ● Clean mirrors with soap and water, squeegee, and paper towel only. ● Clean leather furniture with disinfectant cleaner. ● Dust wood furniture with damp cloth (water only). ● Wipe down cloth furniture with clean, dry cloth and vacuum cushions. ● Vacuum, then clean black stadium seats with disinfectant cleaner. ● Clean red stadium seats with disinfectant cleaner (i.e. dust frames, clean cup holders, wipe armrests). ● Vacuum stadium seat cushions. ● Wipe inside and outside of all trash cans with disinfectant cleaner. ● Wipe inside and outside of all recycling containers with disinfectant cleaner. ● Clean windows with soap and water, squeegee, and paper towels only. ● Clean window sills and dust blinds in hallways and window sills in suites. ● Vacuum all carpeted areas. ● Clean all water fountains with stainless steel cleaner. ● Clean kick plates and push plates with stainless steel cleaner. ● Clean stainless steel trash cans with stainless steel cleaner. ● Clean stainless steel paper towel dispensers with stainless steel cleaner. ● Sweep and mop restroom floors. ● Hand clean toilets and urinals using bowl cleaner. ● Clean all sinks with disinfectant cleaner. ● Restock all paper products in all suite bathrooms. ● Wipe all walls, stall dividers and doors clean with disinfectant cleaner. ● Sweep and mop elevator lobbies. ● Wipe down elevator doors with stainless steel cleaner. 4th Floor-Booths and restrooms ● Remove recycling and dispose of it in the dumpster. Location to be determined. ● Clean windows with soap and water, squeegee, and paper towels only. 4 ● Wipe all countertops with disinfectant cleaner. ● Wipe all chairs with disinfectant cleaner. ● Vacuum all carpeted areas. ● Sweep and mop restroom floors. ● Hand clean toilets and urinals with bowl cleaner. ● Clean all sinks with disinfectant cleaner. ● Clean mirrors with glass cleaner, squeegee, and microfiber cloth only. ● Restock all paper products in bathrooms. ● Clean kick plates and push plates with stainless steel cleaner. ● Clean stainless steel trash cans with stainless steel cleaner. ● Clean stainless steel paper towel dispenser with stainless steel cleaner. ● Wipe inside and outside of all trash cans with disinfectant cleaner. ● Wipe inside and outside of all recycling containers with disinfectant cleaner. ● Clean all water fountains with stainless steel cleaner. Elevators-There are five (5) elevators total. ● Wipe down inside walls with stainless steel cleaner only. ● Wipe down inside doors with stainless steel cleaner only. ● Remove and vacuum all floor mats. ● Sweep and mop the floor. Ticket office ● Throw away all the trash. ● Remove trash and deposit in the dumpster. ● Clean all countertops with disinfectant cleaner. ● Clean windows with soap and water, squeegee, and paper towel only. ● Sweep and mop the floor. First Aid Station ● Throw away trash. ● Remove trash and deposit in the dumpster. ● Sweep and mop the floor. ● Clean mirror with glass cleaner, squeegee, and microfiber cloth. ● Hand clean toilet with bowl cleaner. ● Clean sink with disinfectant cleaner. ● Restock all paper products in bathrooms. Stairwells ● Walk all stairwells, throw away trash ● Remove trash and deposit in the dumpster. ● Sweep and mop as needed 3.4 Club level cleaning for special events The proposal response shall include pricing for cleaning of the club level after special events (other than football games). The use of this area will vary and cleaning of the whole club level will be required. There is a total of 10,400 sq. ft. of open space excluding the restrooms. There are four (4) restrooms located on the club level. For each event the supplier shall provide the following: Club Level (1st Floor)-Interior ● Remove all recycling and dispose of it in a dumpster on site. Location to be determined. ● Clean all inside windows using soap and water, squeegee, and paper towel only. ● Clean window sills with disinfectant cleaner and dust blinds. ● Wipe down all counter tops in the drink areas using a disinfectant cleaner. ● Wipe down all sides of drink areas using a disinfectant cleaner. ● Sweep and mop tile floors in drink areas. ● Dust all wood furniture with a damp cloth (water only). 5 ● Clean leather couches and chairs with disinfectant cleaner. ● Clean cup holders in all couches and chairs with disinfectant cleaner. ● Wipe all cloth chairs with clean, dry cloth and vacuum cushions. ● Clean all table tops with disinfectant cleaner. ● Sweep and mop floors in rest rooms. ● Clean all bathroom countertops with disinfectant cleaner. ● Hand clean toilets and urinals with bowl cleaner. ● Restock all paper products in bathrooms. ● Wipe all walls, stall dividers, and doors clean with disinfectant cleaner. ● Clean mirrors with soap and water, squeegee, and paper towel only. ● Clean kick plates and push plates with stainless steel cleaner. ● Clean stainless steel trash cans with stainless steel cleaner. ● Clean stainless steel paper towel dispenser with stainless steel cleaner. ● Clean all water fountains with stainless steel cleaner. ● Wipe inside and outside of all trash cans with disinfectant cleaner. ● Wipe inside and outside of all recycling containers with disinfectant cleaner. ● Vacuum all carpeted areas. ● Sweep and mop elevator lobbies. ● Wipe elevator doors with stainless steel cleaner. Exterior ● Clean as needed. There is no set schedule for the Special Events on the Club level at this time. The awarded supplier will be notified of events at least 48 hours prior to the event by the University. All invoices for Special Events must be billed separate and individually from Football” 3.5 Press Room, Chancellor’s Suite and Wolves Den cleaning for special events The proposal response shall include pricing for cleaning the Press Room, Chancellor’s Suite & Wolves Den after special events (other than football games). The use of this area will vary and cleaning certain areas may be required. There are four (4) restrooms located on the 2nd Floor of Townebank Center. For each event the supplier shall provide the following: Press Room, Chancellor’s Suite & Wolves Den (2nd Floor) ● Remove all trash and recycling and dispose of it in a dumpster on site. Location to be determined. ● Clean all inside windows using soap and water, squeegee, and paper towel only. ● Clean window sills with disinfectant cleaner and dust blinds. ● Wipe down all counter tops in the drink areas using a disinfectant cleaner. ● Wipe down all sides of drink areas using a disinfectant cleaner. ● Sweep and mop tile floors in drink areas. ● Dust all wood furniture with a damp cloth (water only). ● Clean leather couches and chairs with disinfectant cleaner. ● Clean cup holders in all couches and chairs with disinfectant cleaner. ● Wipe all cloth chairs with clean, dry cloth and vacuum cushions. ● Clean all table tops with disinfectant cleaner. ● Sweep and mop floors in rest rooms. ● Clean all bathroom countertops with disinfectant cleaner. ● Hand clean toilets and urinals with bowl cleaner. ● Restock all paper products in bathrooms. ● Wipe all walls, stall dividers, and doors clean with disinfectant cleaner. ● Clean mirrors with soap and water, squeegee, and paper towel only. ● Clean kick plates and push plates with stainless steel cleaner. ● Clean stainless steel trash cans with stainless steel cleaner. ● Clean stainless steel paper towel dispenser with stainless steel cleaner. ● Clean all water fountains with stainless steel cleaner. ● Wipe inside and outside of all trash cans with disinfectant cleaner. 6 ● Wipe inside and outside of all recycling containers with disinfectant cleaner. ● Vacuum all carpeted areas. ● Sweep and mop elevator lobbies. ● Wipe elevator doors with stainless steel cleaner. 3.6 Services required for Murphy Center and TBC before each home football game, preseason cleans, and Murphy Center post home games. ● Gather any trash and recyclables and dispose of it in a dumpster on site ● Restrooms ○ Clean countertops with disinfectant cleaner ○ Hand clean toilets and urinals with bowl cleaner ○ Restock all paper products ○ Wipe walls, stall dividers, and doors with disinfectant cleaner ○ Clean mirrors with soap/water, squeegee and paper towels only ○ Clean kick plates and push plates with stainless steel cleaner ○ Clean inside and outside of all trash and recycling cans with disinfectant ○ Clean stainless steel trash cans, paper towel dispensers, and water fountains with stainless steel cleaner after disinfecting ● Vacuum all carpeted areas ● Sweep/Mop all non carpeted areas ● Wipe elevator doors with damp cloth (water only) ● Dust/wipe/vacuum furniture clean ● Clean windows with soap/water, squeegee, and paper towel only ● Dust/wipe window sills and blinds ● Other needs as requested by the University 3.7 Weekly services needed for TBC and Murphy Center ● TBC (43 suites)-Supplier will be available at least once a week for the following: ○ Gather trash and recyclables ○ Clean Restrooms using steps in 3.6 ○ Vacuum carpeted areas ○ Sweep/mop non carpeted areas ○ Other needs as requested by the University ● Murphy (4 floors)-Fridays and Saturdays as needed for weekend events ○ Gather trash and recyclables ○ Vacuum carpeted areas ○ Sweep/mop non carpeted areas ○ Clean Restrooms using steps in 3.6 ○ Deep clean locker rooms-only if requested ○ Other needs as requested by the University 3.8 Services required for Tuffy’s Terrace during each home football game- Minimum of 2 attendants required ● Remove trash/recycling as needed and dispose of it in a dumpster on site ● Clear trash from tables as needed ● Clean any spills as needed 3.9 Please provide an action and staffing plan. How is your staff assembled for each event? Please ensure the plan contains detailed information on how the following situations are handled: ● No-show employees ● Late employees ● Employees that are dismissed while working a shift 7 4. SUPPLIER QUALIFICATION/EXPERIENCE REQUIREMENTS 4.1 The proposing supplier shall demonstrate five (5) years successful experience providing services similar in nature and scope to those required herein. It is specifically important that references provided are from venues that are/have been cleaned within restricted/short timeframes. References provided must demonstrate service provided within specific time limitations. It is the supplier’s responsibility to provide valid reference information and the University reserves the right to use reference check responses in its evaluation of proposals. 4.2 Awarded Supplier shall provide background checks on all employees. The proposal response shall include the proposing supplier’s background check process. Background checks shall be provided at no additional cost to the University and shall be available for University audit at any time. 5. SUPPLIER PROPOSAL RESPONSE The following information is required in response to this RFP. Failure to adequately provide specific information that can be effectively evaluated by NC State may disqualify a manufacturer’s equipment from consideration. At minimum, the proposal response shall include the following: 1. A detailed proposal addressing Sections 3 and 4. Describe in your proposal response the approach, processes and steps you will follow to perform and complete the tasks in the Scope of Work. Include any additional tasks that you recommend for achieving successful outcomes. Note any requirements you have, and any assumptions being made which impact your proposed approach or the time required to complete the work. 2. Completed Cover Page with Firm Name and Tax ID# 3. Completed Reference Page 4. Completed and Signed Execution of Proposal Page 5. Cost Proposal (Section 7) 6. Any applicable RFP addenda subsequent to this RFP that is required for return by statement on the addendum. 7. Sample Certificate of Insurance as outlined in the attached General Terms and Conditions (item #19) ORAL EXPLANATIONS North Carolina State University will not be bound by oral explanations or instructions given at any time during or after the competitive process. Incomplete proposals will not be considered for award. 8 6. CRITERIA FOR EVALUATION AND AWARD All proposals will be evaluated according to the following: SCREENING CRITERIA: Complete proposal response (as outlined in Section 5). All items requested are included in the response package and submitted as instructed. All files are transmitted to the Bonfire site without password or other lockdown requirements and proof of insurance demonstrates existing coverage meeting required minimum limits. Incomplete responses will not be considered further. Proposals meeting the screening criteria will then be further evaluated by the following weighted criteria in order to select the Contractor providing the best overall value to the department requesting these services: 40% Apparent Ability The proposal provides enough information to determine that the proposing contractor has sufficient resources to provide the specified service. Items to be evaluated: proposed equipment list clearly shows that the proposing Contractor has the resources to complete this work, narrative submitted in response to the scope of work. 10% References Reference responses demonstrate a record of better than satisfactory history of providing similar work without issues. Would references hire again? Promptness, willingness to work with University provide this equipment in a manner that the service is transparent to the attendee. 30% Qualifications/Experience Qualifications of the Contractor in general, similar experience, specific experience is similar in nature and scope, and a staffing plan proposed to support any resulting contract. 20% Cost Proposal Cost scores are calculated by dividing each score into the lowest total cost proposal/proposed solution total cost x 20. Lowest cost proposal receives all of the 40 available points. The remaining proposals scores are calculated by dividing their cost into the low cost and multiplying that result by 0.40. Cost: 20 points to be distributed as follows: Example: Supplier A’s total cost = $2,500 Supplier B’s total cost = $2,000 Supplier C’s total cost = $1,500 Supplier C is the low bid and is awarded 20 points Supplier C’s cost of $1,500 divided by Supplier A’s cost of $2,500 = 60% X 20 possible points= 12 points Supplier C’s cost of $1,500 divided by Supplier B’ cost of $2,000 = 75% x 20 possible points = 15 points 9 7. COST PROPOSAL NOTE: The right is reserved to accept other than the lowest proposed price as may be determined to serve the best interest of the University. Description Unit of Measure Cost Comments 7.1 Cleaning of Townebank Center - during and after football games (Sections 3.2 and 3.3) Per Game 7.2 Cleaning of Tuffy’s Terrace during football games (Section 3.8) Per Game 7.3 Prep Cleanings for before football games for: 7.3 A. Murphy Center (Section 3.6) Per Game 7.3 B. Townebank Center (Section 3.6) Per Game 7.4 Full pre-season cleanings for: 7.4 A. Murphy Center (Section 3.6) Per Game 7.4 B. Townebank Center (Section 3.6) Per Game 7.5 Cleaning of Townebank Center - Special Events 7.5 A. Any portion of the 10,400 of open space sq ft cleaned and four (4) Restrooms cleaned: (Section 3.4) Total 7.5 B. Chancellors Suite and two (2) bathrooms (Section 3.5) Total 7.5 C. Press room and two (2) restrooms (Section 3.5) Total 7.5 D. Wolves Den and two (2) restrooms plus single occupant restroom (Section 3.5) Total 7.6 Murphy Center (Section 3.7) Weekly 7.7 Townebank Center (Section 3.7) Weekly 7.8 Out of Scope Services Hourly 10 REFERENCES RFP # 63-JDJ913365 COMPANY NAME_____________________ REFERENCES OFFERORS MUST PROVIDE THREE (3) REFERENCES FOR CLIENTS WHO HAVE PERFORMED SIMILAR WORK IN THE PAST THREE (3) YEARS. #1 Company Name: Company Full Address: Contact Name: Email Address: Telephone Number: #2 Company Name: Company Full Address: Contact Name: Email Address: Telephone Number: #3 Company Name: Company Full Address: Contact Name: Email Address: Telephone Number: THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL. 11 EXECUTION OF PROPOSAL DATE: ___________ RFP #63-JDJ913365 The potential Contractor certifies the following by placing an "X" in all blank spaces: ___ That this proposal was signed by an authorized representative of the firm. ___ That the potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein. ___ That all labor costs associated with this project have been determined, including all direct and indirect costs. NA That the potential Contractor has attended the pre proposal conference and is aware of the prevailing conditions associated with performing these services. ___ That the potential Contractor agrees to the conditions as set forth in this Request for Proposals with no exceptions. ____ That the potential Contractor carries the appropriate insurance and will perform background checks on employees as required herein. See items 19 & 31 of General Contract Terms and Conditions attached. ____ That no employee or agent has offered, and no State employee has accepted, any gift or gratuity in connection this contract, in violation of N.C.G.S. § 133-32; and ____ That it, and each of its sub-contractors under this contract, 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, as required by G.S. §143-48.5. ____ That this proposal is submitted competitively and without collusion. That none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible supplier as set forth in G.S. 143-59.1. False certification is a Class I Felony. Therefore, in compliance with the foregoing Request for Proposal, and subject to all terms and conditions thereof, the undersigned offers and agrees, if this proposal is accepted within forty-five (45) days from the date of the opening, to furnish the services for the prices quoted during any resulting contract period. CONTRACTOR________________________ADDRESS__________________________________________ PHONE_________________________ CITY AND STATE______________________ZIP CODE___________Cell____________________________ BY _________________________________TITLE______________________________________________ (Signature) _____________________________________E-MAIL____________________________________________ (Printed Name) THIS PAGE MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE 12 GENERAL INFORMATION ON SUBMITTING PROPOSALS 1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting from this solicitation. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal. 2. PROPOSAL SUBMITTAL: All proposals must be received by the issuing agency not later than the date and time listed on the cover sheet of this proposal. Proposals shall be uploaded to: https://ncsu.bonfirehub.com/opportunities/89431. Request for Proposals (RFP) directions are advertised at The State of North Carolina Interactive Purchasing System (IPS) www.ips.state.nc.us. An addendum to this RFP may be issued. If required, any subsequent addenda must be signed and submitted with the proposal upload. It is the vendor’s responsibility to verify that all applicable addenda are submitted as required. 3. ORAL PRESENTATIONS: During the evaluation and at their option, the evaluators may request oral presentations from any or all offerors for the purpose of clarification or to amplify the materials presented in any part of the proposal. However, offerors are cautioned that the evaluators are not required to request clarification; therefore, all proposals should be complete and reflect the most favorable terms available from the offeror. 4. PROPOSAL EVALUATION: Proposals will be evaluated as outlined herein. The award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed to provide the best value to the University, and/or the State. 5. COMMENCEMENT OF SERVICES: After proposals are evaluated, and offer is made, accepted and approved by appropriate authorities, the University will issue a purchase order, a contract or a letter of agreement as an indicator to commence services. 6. REQUEST FOR OFFERS: Offerors are cautioned that this is a request for offers, not a request to contract and the University/State reserves the unqualified right to reject any and all offers when such rejection is deemed to be in the best interest of the University or State. 7. ORAL EXPLANATIONS: The University shall not be bound by oral explanations or instructions given at any time during the competitive process or after award. 8. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be evaluated; reference to information previously submitted shall not be evaluated. 9. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the State of North Carolina we are receiving proposals via electronic submission. Please visit https://ncsu.bonfirehub.com/opportunities/89431 for specific submission instructions. 10. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the offerors' sole responsibility; the University will not reimburse any offeror for any costs incurred prior to award. 11. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of forty-five (45) days from the proposal opening. Although the 13 https://ncsu.bonfirehub.com/opportunities/63054 http://www.ips.state.nc.us/ https://ncsu.bonfirehub.com/opportunities/63054 contract is expected to be awarded prior to that time, the 45-day period is requested to allow for unforeseen delays. 12. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect. 13. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the offeror agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Offerors not in compliance with this provision may be disqualified, at the option of the State, from contract award. Only discussions authorized by the University are exempt from this provision. 14. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors shall become the property of the State when received. 15. OFFEROR’S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 16. PROPRIETARY INFORMATION: To the extent permitted by N.C.G.S. §132-1.3 trade secrets which the Contractor does not wish disclosed other than to personnel involved in the evaluation or contract administration will be kept confidential identified as follows: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information is not confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law. 17. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to N.C.G.S. §143-48 and Executive Order #150, the University invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 18. PROTEST PROCEDURES: A party wanting to protest a contract award pursuant to this solicitation must submit a written request to the Director of Purchasing, North Carolina State University, Purchasing Department, Campus Box 7212, Raleigh, NC 27695-7212. This request must be received in the University Purchasing Department within thirty (30) consecutive calendar days from the date of the contract award, and must contain specific sound reasons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Offerors may call the purchaser listed on the first page of this document to obtain a verbal status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. 19. CONTRACTOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Contractor Link NC allows Contractors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System. Online registration and other purchasing information are available on the web site: http://www.state.nc.us/pandc/. 20. RECIPROCAL PREFERENCE: N.C.G.S. §143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident offerors. The “Principal Place of Business” is defined as the principal place from which the trade or business of the offeror is directed or managed. 21. ENTERPRISE-LEVEL IT SYSTEMS OR TECHNOLOGIES: The University is committed to promote and integrate universal IT accessibility in the delivery of its resources and to develop innovative solutions to accessibility challenges for students, faculty and staff. Contractors shall: 14 http://www.state.nc.us/pandc/ a. Assure all features, components and subsystems of the software or IT System contained on this RFP fully comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794d), (http://www.section508.gov); OR Detail why any feature, component or sub-system contained in this RFQ doe s not fully comply with Section 508, and the way in which the proposed product is out of compliance; b. If the Voluntary Product Accessibility Templates (VPAT) (http://www.access-star.org/ITI-VPAT- v1.2.html) are used, they must include compliance checklists for: 1. Technical Standards; 2. Function and Performance Criteria; and. 3. Documentation and Support c. The product offered in response to this RFP is subject to an accessibility evaluation by the University. 15 http://www.access-star.org/ITI-VPAT- NORTH CAROLINA STATE UNIVERSITY GENERAL CONTRACT TERMS AND CONDITIONS (Contractual and Consultant Services) 1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 2. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to is validity, construction, interpretation and enforcement shall be determined. 3. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the University. 4. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the University’s Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor’s proposal. 5. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be subcontracted without prior written approval of the University’s Contract Administrator. Acceptance of an offeror’s proposal shall include any subcontractor(s) specified therein. 6. INSPECTION AT CONTRACTOR’S SITE: The University reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for the University’s determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract. 7. PERFORMANCE AND DEFAULT: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the University shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the University, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the University for damages sustained by the University by virtue of any breach of this agreement, and the University may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the University from such breach can be determined. In case of default by the Contractor, the University may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The University reserves the right to require performance bond or other acceptable alternative guarantees from successful offeror without expense to the University. In addition, in the event of default by the Contractor under this contract, the State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the State has with the Contractor, and de-bar the Contractor from doing future business with the State Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the University may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the University. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, 16 riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 8. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. The University reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract. 9. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 10. TERMINATION: The University may terminate this agreement at any time by providing written notice to the contractor at least thirty (30) days before the effective date of the termination. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the University, become its property. If the contract is terminated by the University as provided herein, the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitations. The Contractor may terminate at the beginning of any contract year, only by notification provided in writing to the University a minimum of four (4) months prior to the applicable contract year expiration. 11. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the University for the purpose set forth in this agreement. The university pays Net 30 days from receipt of a proper invoice. 12. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the University. 13. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse the State for loss of damage of such property. 14. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Contractor. In addition, all inventions and the copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Contractor’s performance of this project shall vest in the University, and the Contractor agrees to assign all rights therein to the University. Contractor further agrees to provide University with any and all reasonable assistance which University may require to file patent applications, to obtain copyright registrations, or to perfect its title in any such inventions or works, including the execution of any documents submitted by the University. 15. ASSIGNMENT: No assignment of the Contractor’s obligations or the Contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the University may: a. Forward the contractor’s payment check(s) directly to any person or entity designated by the Contractor, or b. Include any person or entity designated by Contractor as a joint payee on the Contractor’s payment check(s). In no event shall such approval and action obligate the University to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. 17 16. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 17. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability. 18. SAFETY STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. 19. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of Contractor’s employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability). c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $1,000,000.00 bodily injury and property damage; $1,000,000.00 uninsured/under insured motorist; and $1,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. 20. ADVERTISING: Contractor shall not use the existence of this contract or the name of the State of North Carolina or North Carolina State University as part of any advertising without prior written approval from the University. 21. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This Request for Proposal, any addenda thereto, and the offeror’s response are incorporated herein by reference as though set forth verbatim. 18 All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 22. AMENDMENTS: This contract may be amended only by written amendment duly executed by authorized representatives of both the University and the Contractor. 23. TAXES: N.C.G.S. §143-59.1 bars the Secretary of Administration from entering into contracts with Contractors if it or its affiliates meet one of the conditions of N.C.G. S. §105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Contractor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the Contractor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. 24. GENERAL INDEMNITY: The Contractor shall hold and save the University, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Contractor provided that the Contractor is notified in writing within 30 days that the State has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against the University‘s agents who are involved in the delivery or processing of Contractor goods to the University. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 25. OUTSOURCING: Any Contractor or subcontractor providing call or contact center services to the University or State of North Carolina shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the Contractor wishes to outsource any portion of the work to a location outside the United States, prior written approval must be obtained from the University agent responsible for the contract. Contractor must give notice to the University of any relocation of the Contractor, employees of the Contractor, subcontractors of the Contractor, or other persons performing services under a state contract outside of the United States. 26. PRICING: All prices offered herein shall be firm against any increases. Requests by the Contractor for a cost increase relevant to any contract extension shall be submitted in writing one hundred and eighty (180) days prior to each contract renewal. The University reserves the option of accepting a Contractor's proposed cost increase or canceling the service and seeking proposals from other Contractors. Requests for cost increases will be indexed to the same percent as any change in the Consumer Price Index/All Urban Consumers for the previous twelve month period of the request. Invoices are paid Net 30 days from receipt of an accurate invoice. 27. DEBARMENT CERTIFICATION: Offeror certifies to the best of its knowledge and belief, that it nor any of its principals a) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contract by any Federal agency; b) have not within a three year period preceding this award been convicted of or had a civil judgment rendered against them for: commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to this submission of offers; or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property; and c) are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of 19 these offenses enumerated herein. The offer certifies that they have not, within a three year period preceding this offer, had one or more contracts terminated for default by any federal agency. “Principals” for the purpose of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segments, and similar positions.) This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution. Certification of this provision is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the University, the University may terminate this agreement for default. Offeror hereby certifies these conditions and does so by signing the execution page of this RFP document. 28. PRIVACY 1. Personal Identifiers: If University provides the Contractor with personal identifiers as listed in N.C.G.S. §132-1.10 and in N.C.G.S. §14-133.20(b) or any other legally confidential information, Contractor hereby certifies that collection of this information from University is necessary for the performance of Contractor’s duties and responsibilities on behalf of University under this Contract. Contractor further certifies that it shall maintain the confidential and exempt status of any social security number information, as required by N.C.G.S. §132- 1.10(c) (1), and that it shall not re-disclose personally identifiable information as directed by State and Federal laws. Failure to abide by legally applicable security measures and disclosure restrictions may result in the interruption, suspension and/or termination of the relationship with Contractor for a period of at least five (5) years from date of violation. If Contractor experiences a security breach, as defined in N.C.G.S. §75.61(14), relating to this information, in addition to the Contractor’s responsibilities under the NC Identity Theft Protection Act, Contractor shall immediately notify University with the information listed in N.C.G.S. §75-65(d)(1-4) and shall fully cooperate with University. Contractor shall indemnify University for any breach of confidentiality or failure of its responsibilities to protect confidential information. Specifically, these costs may include, but are not limited to, the cost of notification of affected persons as a result of its unauthorized release of University data provided to Contractor pursuant to the Contract. 2. Education Records: If the University provides the Contractor with “personally identifiable information” from a student’s education record as defined by FERPA, 34 CFR §99.3, Contractor hereby certifies that collection of this information from University is necessary for the performance of Contractor’s duties and responsibilities on behalf of University under this Contract. In this instance, University considers Contractor a school official with a legitimate interest under FERPA. Contractor further certifies that it shall maintain the confidential status of education records in their custody, and that it shall not re-disclose personally identifiable information as directed by FERPA. Failure to abide by legally applicable security measures and disclosure restrictions may result in the interruption, suspension and/or termination of the relationship with Contractor for a period of at least five (5) years from date of violation. If Contractor experiences a security breach relating to this information or if Contractor re- discloses the information, Contractor shall immediately notify University. Contractor shall indemnify University for any breach of confidentiality or failure of its responsibilities to protect the personally identifiable information. Specifically, these costs may include, but are not limited to, the cost of notification of affected persons as a result of its unauthorized release of University data provided to Contractor pursuant to the Contract. 29. AUDITS: The State or University auditor shall have access to persons and records as a result of all Agreements entered into by the University in accordance with North Carolina General Statute §147-64.7 and Session Law 2010-194, Section 21. 20 30. PRESERVATION OF RECORDS: If the University provides any data to Contractor pursuant to this Agreement then Contractor shall preserve and maintain the data for a period of three (3) years or as indicated in a litigation hold letter issued by University, to fulfill the University’s obligations under the North Carolina Public Records Act and under the Federal and North Carolina Rules of Civil Procedure. Contractor shall immediately preserve and maintain data (and any generated email correspondence) upon the University’s request or upon notice of litigation or audit and further Contractor shall make available all Data University may specify with the time limits required. 31. CONTRACTOR EMPLOYEE BACKGROUND CHECKS: The Contractor shall, at no additional cost to the University, secure appropriate background checks on all employees, independent contractors, or subcontractor employees to be assigned to any resulting contract. These background checks shall include, at a minimum, the following checks with consideration for current, past, alias and maiden names: ● Nationwide Federal Criminal search ● National Sex Offender Registry search ● North Carolina Statewide Criminal search ● Criminal searches in all counties of residence outside the state of North Carolina in the past seven (7) years, except in cases when the individual has resided in the New York boroughs of Kings, Queens, New York, Nassau, Richmond, or Bronx, in which case a New York Statewide Criminal Search is required ● Skip Trace, Residency history, or other Social Security Number-based search (to ensure validity and correct matching) The Contractor shall align its hiring decisions to support the University’s ongoing effort to maintain a safe, drug-free environment for students, faculty, staff and visitors. These background checks shall be maintained by the Contractor and are subject to audit by appropriate University or state officials at any time during and for five (5) years after the contract end date. The University may withhold consent of any of Contractor's personnel to be placed on a University assignment at its sole discretion. The Contractor shall immediately (same day as notification) remove any employee or representative from University property if deemed by the University to be unfit for any reason. 21

2 W Edenton St, Raleigh, NC 27601, USALocation

Address: 2 W Edenton St, Raleigh, NC 27601, USA

Country : United StatesState : North Carolina

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