As-Needed Marketing Support Services: Photography, Video Production, Graphic Design, Writing, and Web Content Optimization/Accessibility

STATE OF NORTH CAROLINA University of North Carolina at Wilmington (UNCW) Request for Proposal #: 72-PCWP22016 As-Needed Marketing Support Services: Photography, Video Production, Graphic Design, Writing, and Web Content Optimization/Accessibility Date of Issue: 08/20/2021 Proposal Opening: 10/01/2021 At 11:00 AM ET Direct all inquiries concerning this RFP to: Carol Page Assistant Director, UNCW Purchasing Services Email: pagec@uncw.edu Phone: 910-962-3190 2 Ver:10/13/2020 STATE OF NORTH CAROLINA Request for Proposal # 72-PCWP22016 ______________________________________________________ For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company’s Federal Employer Identification Number or alternate identification number (e.g., Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page

will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ___________________________________________________ Vendor Name ______________________________ Vendor # Note: For your proposal to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login Electronic responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login 2 Ver:10/13/2020 EXECUTION In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor understands that False certification is a Class I felony and certifies that: ▪ that this proposal is submitted competitively and without collusion (G.S. 143-54), ▪ that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143- 59.2), and ▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that: ▪ it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTIONS TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals cannot be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: Refer ALL Inquiries regarding this RFP to: Contract Lead: Carol Page, Purchasing Services pagec@uncw.edu 910-962-3190 Request for Proposal #: 72-PCWP22016 Proposals will be publicly opened: 10/01/2021 11:00 AM ET via Zoom Using Agency: UNCW Commodity No. and Description: 82100000 As-Needed Marketing Support Services Requisition No.: TBD STATE OF NORTH CAROLINA University of North Carolina at Wilmington (UNCW) https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_09.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_09.2020.pdf mailto:pagec@uncw.edu 3 Ver:10/13/2020 VALIDITY PERIOD Offer valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days. After this date, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL The contract is a separate document that represents the Vendor’s and the State’s entire agreement (herein “Contract”). If your proposal is accepted and results, through negotiation or otherwise, in a contract award you will be expected to accept the NORTH CAROLINA GENERAL TERMS AND CONDITIONS as part of the Contract. Dependent upon the product or service being offered, other terms and conditions may apply. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of the University of North Carolina at Wilmington) https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_09.2020.pdf Proposal Number: 72-PCWP22016 Vendor: __________________________________________ 4 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 6 1.1 CONTRACT TERM .................................................................................................................. 6 2.0 GENERAL INFORMATION ....................................................................................................... 6 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 6 2.2 E-PROCUREMENT SOLICITATION ....................................................................................... 7 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 7 2.4 RFP SCHEDULE ..................................................................................................................... 7 2.5 PRE-PROPOSAL WEB CONFERENCE ................................................................................. 7 2.6 PROPOSAL QUESTIONS ....................................................................................................... 8 2.7 PROPOSAL SUBMITTAL ....................................................................................................... 8 2.8 PROPOSAL CONTENTS ........................................................................................................ 8 2.9 ALTERNATE PROPOSALS .................................................................................................... 9 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ....................................... 9 3.1 METHOD OF AWARD ............................................................................................................. 9 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION......... 9 3.3 PROPOSAL EVALUATION PROCESS ................................................................................... 9 3.4 EVALUATION CRITERIA ...................................................................................................... 10 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................. 10 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................. 11 4.0 REQUIREMENTS ................................................................................................................... 11 4.1 PRICING ................................................................................................................................ 11 4.2 INVOICES .............................................................................................................................. 11 4.3 FINANCIAL STABILITY ........................................................................................................ 11 4.4 VENDOR EXPERIENCES ..................................................................................................... 11 4.5 REFERENCES ...................................................................................................................... 11 4.6 BACKGROUND CHECKS ..................................................................................................... 12 4.7 PERSONNEL ......................................................................................................................... 12 4.8 VENDOR’S REPRESENTATIONS ........................................................................................ 12 4.9 QUESTIONS TO VENDORS ................................................................................................. 12 4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATIONS ............................................... 13 5.0 SCOPE OF WORK ................................................................................................................. 13 Proposal Number: 72-PCWP22016 5 5.1 GENERAL ............................................................................................................................. 13 6.0 CONTRACT ADMINISTRATION............................................................................................. 13 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 13 6.2 POST AWARD MANAGEMENT REVIEW MEETINGS ......................................................... 13 6.3 CONTINUOUS IMPROVEMENT ............................................................................................ 13 6.4 PERIODIC STATUS REPORTS ............................................................................................ 13 6.5 ACCEPTANCE OF WORK .................................................................................................... 13 6.6 FAITHFUL PERFORMANCE ................................................................................................. 14 6.7 TRANSITION ASSISTANCE ................................................................................................. 14 6.8 DISPUTE RESOLUTION ....................................................................................................... 14 6.9 CONTRACT CHANGES ........................................................................................................ 14 ATTACHMENT A.1: PHOTOGRAPHER PRICING, QUALIFICATIONS & EQUIPMENT .................. 15 ATTACHMENT A.2: VIDEO PRODUCTION PRICING, QUALIFICATIONS & EQUIPMENT ............. 16 ATTACHMENT A.3: GRAPHIC DESIGNER PRICING & QUALIFICATIONS ................................... 17 ATTACHMENT A.4: WRITER PRICING & QUALIFICATIONS ......................................................... 18 ATTACHMENT A.5: WEB CONTENT OPTIMIZATION & ACCESSIBILITY EXPERTS PRICING & QUALIFICATIONS .................................................................................................................. 19 ATTACHMENT B: APPLICATION FOR CERTIFICATION AS INDEPENDENT CONTRACTOR (PUR 1.40 FORM) ............................................................................................................................ 20 ATTACHMENT C: SAMPLE SERVICE CONTRACT ......................................................................... 22 ATTACHMENT D: INSTRUCTIONS TO VENDORS .......................................................................... 26 ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS .............. 26 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR ........................................... 26 ATTACHMENT G: CUSTOMER REFERENCE FORM ....................................................................... 26 ATTACHMENT H: HUB SUPPLEMENTAL SUPPLIER INFORMATION ........................................... 26 Proposal Number: 72-PCWP22016 6 1.0 PURPOSE AND BACKGROUND The Office of University Relations (“OUR”) is the wing of the University of North Carolina at Wilmington (UNCW) responsible for advancing the University image to the world. To that end, the department is in constant need of abundant fresh and compelling images, designs and prose for use on the web and in printed materials. Additionally, continual support is needed to optimize the new and existing materials. To support ongoing marketing efforts, UNCW seeks to identify qualified professionals to provide the following services on an “as needed” basis: • Photography (Attachment A.1) • Video Production (Attachment A.2) • Graphic Design (Attachment A.3) • Writing (Attachment A.4) • Web Content Optimization/Accessibility (Attachment A.5) Vendors who wish to be considered for contract in more than one service area may submit qualifications and pricing for multiple fields in one response so long as each service is quoted on the appropriate Attachment. For details and requirements for each specific category, please see Attachments A.1 – A.5 below. The University intends to award multiple, non-exclusive contracts. Vendors should review Attachment B “Sample Contract” prior to submitting a proposal; any and all questions or concerns about the contract should be submitted prior to submission in accordance with Section 2.6 below. The University will not entertain Vendor contracts nor sign vendor forms or quotes. Work will be assigned on an “as-needed” basis and the volume of work is not guaranteed. All products of work, including designs, images, files, B-roll, copy, etc. shall become the sole property of UNCW, per UNCW’s Contract for Marketing Related Services herein (Attachment B). For more information about UNCW and the Office of University Relations (OUR) please visit: • About UNCW (http://uncw.edu/aboutuncw/aboutJustthefacts.html ) • OUR Menu of Services (https://uncw.edu/ur/documents/ourmenu.pdf ) • Brand Identity Guide (https://uncw.edu/ur/big.html ) 1.1 CONTRACT TERM The Contract shall have an initial term of three (3) years, beginning on the date of contract award (the “Effective Date”). At the end of the Contract’s current term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of two (1) additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than thirty (30) days before the end of the Contract’s then-current term. In addition to any optional terms, and with the Vendor’s concurrence, the State reserves the right to extend a contract term after the last active term. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. http://uncw.edu/aboutuncw/aboutJustthefacts.html https://uncw.edu/ur/documents/ourmenu.pdf https://uncw.edu/ur/big.html Proposal Number: 72-PCWP22016 7 2.2 E-PROCUREMENT SOLICITATION ATTENTION: This is NOT an E-Procurement solicitation. Paragraph entitled ELECTRONIC PROCUREMENT subsections (d) and (e) of the North Carolina General Contract Terms and Conditions, do not apply to this solicitation. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 2.6 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and- answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive. By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the State may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept Vendor’s proposal under the terms and conditions of this RFP. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP State 08/20/2021 Submit Written Questions Vendor 09/09/2021 Noon ET Provide Response to Questions (Tentative) State 08/20/2021 Submit Proposals Vendor 10/01/2021 11:00 AM ET To join Zoom Opening: https://uncw.zoom.us/j/82353111044?pwd=MEVNV2hqLzF GOU1BZksrVVIvUjZyQT09 Meeting ID: 823 5311 1044 Passcode: 865346 Contract Award State TBD Contract Effective Date State TBD 2.5 PRE-PROPOSAL WEB CONFERENCE Reserved http://eprocurement.nc.gov/ https://uncw.zoom.us/j/82353111044?pwd=MEVNV2hqLzFGOU1BZksrVVIvUjZyQT09 https://uncw.zoom.us/j/82353111044?pwd=MEVNV2hqLzFGOU1BZksrVVIvUjZyQT09 Proposal Number: 72-PCWP22016 8 2.6 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be emailed to the Contract Lead by the date and time specified above. Vendors should enter “RFP # 72-PCWP22016 Questions” as the subject for the email. Question submittals should include a reference to the applicable RFP section. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.7 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal received after the proposal deadline will be rejected. [NC BIDS] All proposal responses shall be submitted electronically via the North Carolina Business Invitation Delivery System (NC BIDS). For additional information, the NC BIDS for Vendors page includes online training videos and a link to NC BIDS FAQs for Vendors. Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to register in the system and upload proposals. Critical updated information may be included in Addenda to this RFP. It is important that all Vendors proposing on this RFP periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. 2.8 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: a) Cover Letter, must include a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP. b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) Completed and signed version of EXECUTION PAGES d) Vendor’s Proposal e) Completed version of ATTACHMENT A: PRICING & QUESTIONS TO VENDOR f) Completed ATTACHMENT B: PUR 1.40 FORM Section I completed and signed. http://www.ips.state.nc.us/ https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors Proposal Number: 72-PCWP22016 9 g) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR h) Completed and signed version of ATTACHMENT G: CUSTOMER REFERENCE FORM i) Completed and signed version of ATTACHMENT H: HUB SUPPLEMENTAL VENDOR INFORMATION 2.9 ALTERNATE PROPOSALS Vendor may submit alternate proposals for various methods or levels of service(s) or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal #___ [for ‘name of Vendor”]. Each proposal must be for a specific set of Services and must include specific pricing. If a Vendor chooses to respond with various service offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a list of criteria the State shall use to award contracts. The goods or services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. While the intent of this RFP is to award a Contract(s) to single Vendor the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract if it is considered to be most advantageous to the State to do so. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION From the issue date of this RFP through the date of contract execution, the proposer, including any subcontractors and suppliers are prohibited from engaging in conversations intended to influence the outcome of the evaluation. For details see Section 30 COMMUNICATIONS BY VENDORS of the ATTACHMENT C – INSTRUCTIONS TO VENDORS. 3.3 PROPOSAL EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct a One-Step evaluation of Proposals: Responsive proposals will be evaluated according to the criteria set forth in this RFP. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until the time of award. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. At that date and time, the proposal from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components Proposal Number: 72-PCWP22016 10 are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. 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 RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal 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 submit a best and final offer (BAFO), based on discussions and negotiations with the State, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory. 3.4 EVALUATION CRITERIA Criterion Photography Video Production Graphic Design Writing Web Content Optimization & Accessibility Cost 25% 25% 25% 25% 25% Experience with similar projects 25% 25% 15% 25% 25% Methodology & Approach n/a n/a 25% 25% 25% Quality & age of equipment 25% 25% n/a n/a n/a Quality & creativity of portfolio 25% 25% 35% 25% 25% 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Vendors-Located-Outside-the-United-States_01.2020.pdf Proposal Number: 72-PCWP22016 11 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.6. 4.1 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges, handling, administrative and other similar fees. Complete ATTACHMENT A and include in Proposal. 4.2 INVOICES Should the Vendor’s proposal result in an award, instructions for invoicing will be presented and agreed by all parties during the Contract Administration phase. 4.3 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the vendor’s financially stability. 4.4 VENDOR EXPERIENCES In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.5 REFERENCES Vendors shall provide at least three (3) references, using ATTACHMENT F: CUSTOMER REFERENCE FORM, for which your company has provided Services of similar size and scope to that proposed herein. The State may contact these users to determine the Services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal. https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms Proposal Number: 72-PCWP22016 12 4.6 BACKGROUND CHECKS Any personnel or agent of the Vendor performing Services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the State. 4.7 PERSONNEL Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will agree to approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.8 VENDOR’S REPRESENTATIONS If the proposal results in an award, the Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. 4.9 QUESTIONS TO VENDORS Vendor shall respond to each of the following questions presented in ATTACHMENT A – PRICING AND QUALIFICATIONS. Vendors are requested to keep responses straightforward and to the point and should not include generic marketing materials. Responses will be reviewed as part of the evaluation process. Proposals that do not include the requested information may be deemed nonresponsive and may be subject to rejection. Proposal Number: 72-PCWP22016 13 4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATIONS See Attachment B, section 18. 5.0 SCOPE OF WORK 5.1 GENERAL See Attachments A.1 through A.5 below for assignment details and desired information. 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This document is not a contract; it is, instead, a request for proposals. This information is provided for the Vendor’s planning purposes. 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a project manager. The project manager shall be the State’s point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. 6.2 POST AWARD MANAGEMENT REVIEW MEETINGS The Vendor, at the request of the State, may be required to meet periodically with the State for Project Review meetings. The purpose of these meetings will be to review project progress reports, discuss Vendor and State performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics. 6.3 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consisting of various ideas to enhance business efficiencies will be discussed at the periodic Business Review Meetings. 6.4 PERIODIC STATUS REPORTS As and if requested by OUR, the Vendor shall be required to provide Management Reports to the designated Contract Lead on a weekly or monthly basis. This report shall include, at a minimum, information concerning the work accomplished during the reporting period; work to be accomplished during the subsequent reporting period; problems, real or anticipated, and notification of any significant deviation from previously agreed upon work plans and schedules. These reports shall be well organized and easy to read. The Vendor shall submit these reports electronically using Microsoft Excel and, as needed, either Microsoft PowerPoint or Microsoft Word. The Vendor shall submit the reports in a timely manner and on a regular schedule as agreed by the parties. 6.5 ACCEPTANCE OF WORK Performance of the work and delivery of materials shall be conducted and completed in accordance with recognized and customarily accepted industry practices and shall be considered complete when the services are approved as acceptable by the Contract Administrator. The State and the Vendor will negotiate and agree on an acceptable notification process and resubmission period, which will be memorialized in the Contract. Acceptance of work products shall be based on the following criteria: In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of Proposal Number: 72-PCWP22016 14 such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.6 FAITHFUL PERFORMANCE Vendor represents, warrants, and covenants that all services performed or provided under this Contract shall be performed or provided in a professional, competent, diligent and workmanlike manner by knowledgeable, trained and qualified personnel, all in accordance with the terms of this Contract and the highest standards of performance applicable to service providers in the industry for similar tasks and projects. In the absence of a specification for the performance of any portion of this Contract, the Parties agree that the applicable specification shall be the generally accepted industry standard. So long as the University notifies Vendor of any aspects of any service performed in violation of this standard, Vendor shall re-perform the relevant aspects of the work at no additional cost to the University, such that the services are rendered in the above-specified manner, or if the Vendor is unable to perform the service as warranted, Vendor shall reimburse the University any fees or compensation paid to Vendor for the unsatisfactory performance. 6.7 TRANSITION ASSISTANCE Reserved 6.8 DISPUTE RESOLUTION Reserved 6.9 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. Proposal Number: 72-PCWP22016 15 ATTACHMENT A.1: PHOTOGRAPHER PRICING, QUALIFICATIONS & EQUIPMENT The following information will be used in the evaluation of your proposal. Failure to provide any of the information requested may result in rejection of your proposal. Additional pages may be added. Specifications: All images shall be delivered in RAW format. Raw footage shall be included on the package. Criminal background checks will be required. Certificate of insurance will be required. Photographers are responsible for providing their own equipment. Photographers will be responsible for providing all equipment necessary to complete assignments, including but not limited to cameras, lighting, computer and software. 1. Cost Proposal (25% of overall score) Rate(s) must be inclusive of all expenses, including but not limited to mileage, parking, travel time, travel expenses, supplies and equipment. No other charges shall be invoiced to UNCW. a) Hourly Rate: Monday – Friday (8:00 AM – 6:00 PM) $______________________________ b) Hourly Rate : Monday – Friday (After hours) $______________________________ c) Weekends: $______________________________ d) Holidays: $______________________________ 2. Questions to Vendor a) Provide resume and description of experience with similar projects (25% of overall score): – Include description of your experience with Adobe Creative Suite and the version used. b) Provide a link to your portfolio (25%) c) Equipment to be Used (25% of overall score) Please provide the list of your equipment to be used on assignments at UNCW. Description Make Model Year Notes: Proposal Number: 72-PCWP22016 16 ATTACHMENT A.2: VIDEO PRODUCTION PRICING, QUALIFICATIONS & EQUIPMENT The following information will be used in the evaluation of your proposal. Failure to provide any of the information requested may result in rejection of your proposal. Additional pages may be added Specifications: All video shall be delivered in .mp4 or .mov. Raw footage shall be included on the package. Criminal background checks will be required. Certificate of insurance will be required. Videographers will be responsible for providing all equipment necessary to complete assignments, including but not limited to cameras, lighting, computer and software. 1. Cost Proposal (25% of overall score) Rate(s) must be inclusive of all expenses, including but not limited to mileage, parking, travel time, travel expenses, supplies and equipment. No other charges shall be invoiced to UNCW. a) Hourly Rate: Monday – Friday (8:00 AM – 6:00 PM) $______________________________ b) Hourly Rate : Monday – Friday (After hours) $______________________________ c) Weekends: $______________________________ d) Holidays: $______________________________ 2. Questions to Vendor a) Provide resume and description of experience with similar projects (25%): – Include description of your experience with Adobe Creative Suite and the version used. b) Provide a link to your portfolio (25%) c) Equipment to be Used (25% of overall score) Please provide the list of your equipment to be used on assignments at UNCW. Description Make Model Year Notes: Proposal Number: 72-PCWP22016 17 ATTACHMENT A.3: GRAPHIC DESIGNER PRICING & QUALIFICATIONS The following information will be used in the evaluation of your proposal. Failure to provide any of the information requested may result in rejection of your proposal. Additional pages may be added Specifications: Print deliverables shall be delivered in a packaged Adobe InDesign format. All asset files, such as Microsoft Word, Excel, PowerPoint shall be delivered. All Adobe Illustrator and Photoshop files shall be delivered in their original layered formats. The University will provide a limited access PhotoShelter workspace with UNCW approved images for use in materials. Designers also need to own the university official fonts: Palatino Std Complete VP family and Helvetica Neue Lt Std family, which are not provided by the university. Designers will be responsible for providing their own equipment, supplies and software necessary to complete assignments. 1. Cost Proposal (25% of overall score) Rate(s) must be inclusive of all expenses, including but not limited to mileage, parking, travel time, travel expenses, supplies and equipment. No other charges shall be invoiced to UNCW. a) Hourly Rate: $______________________________ b) Rush Surcharge (48-hour turnaround): $______________________________ 2. Questions to Vendor a) Provide resume and description of experience with similar projects (25%): – Include description of your experience with Adobe Creative Suite and the version used. – Include description of training on elements and fundamentals of design. – Include description of designing for print versus Web. – Include familiarity with file transfers and servers, workspaces – Include description of work on Mac platform(s). b) Provide a link to your portfolio (35%) c) Describe your approach to design projects, typical timeline for delivery, information needed from client, edit and proofing process and preparing files for print or Web vendors. Proposal Number: 72-PCWP22016 18 ATTACHMENT A.4: WRITER PRICING & QUALIFICATIONS The following information will be used in the evaluation of your proposal. Failure to provide any of the information requested may result in rejection of your proposal. Additional pages may be added Specifications: All deliverables shall be delivered in Word format. Writers will be responsible for providing their own equipment, supplies and software necessary to complete assignments 1. Cost Proposal (25% of overall score) Rate(s) must be inclusive of all expenses, including but not limited to mileage, parking, travel time, travel expenses, supplies and equipment. No other charges shall be invoiced to UNCW. a) Hourly Rate: $______________________________ b) Rush Surcharge (48-hour turnaround): $______________________________ 2. Questions to Vendor a) Provide resume and description of experience with similar projects (25%): – Include description of your experience with Adobe Creative Suite and the version used. – Include description of training, particularly for the web, marketing, technical writing, legal writing and scientific writing b) Provide a link to your portfolio (25%) c) Describe your approach to writing projects for print and digital mediums, typical timeline for delivery, information needed from client, edit and proofing process. Proposal Number: 72-PCWP22016 19 ATTACHMENT A.5: WEB CONTENT OPTIMIZATION & ACCESSIBILITY EXPERTS PRICING & QUALIFICATIONS The following information will be used in the evaluation of your proposal. Failure to provide any of the information requested may result in rejection of your proposal. Additional pages may be added Specifications: Optimized PDFs shall be delivered in Adobe Acrobat. Web content optimization and accessibility experts will be responsible for providing their own equipment, supplies and software necessary to complete assignments 1. Cost Proposal (25% of overall score) Rate(s) must be inclusive of all expenses, including but not limited to mileage, parking, travel time, travel expenses, supplies and equipment. No other charges shall be invoiced to UNCW. a) Hourly Rate: $______________________________ b) Rush Surcharge (48-hour turnaround): $______________________________ 2. Questions to Vendor a) Provide resume and description of experience with similar projects (25%): – Include description of your experience with Adobe Creative Suite and the version used. – Include description of training, particularly for the web, marketing, b) Provide three examples of complex PDFs that you have optimized for accessibility. Provide a link to a portfolio if pertinent c) Describe your approach to optimizing web content including PDFs, typical timeline for delivery, information needed from client, edit and proofing process. Application for Certification as Independent Contractor All approvals are required prior to commencement of service (Form is effective for 12 months from date of applicant’s signature. See page 3 for instructions on completing this form) SECTION I (completed and signed by applicant) PERSONAL INFORMATION City: State: Zip: Phone number: Resident Alien Nonresident Alien VENDOR INFORMATION Will this service be provided on an ongoing basis or one time? Ongoing Basis One Time Have you worked at UNCW as an independent contractor before? Yes No If yes, please tell us how: Describe service that is to be provided: *If vendor has unsupervised contact with students and/or minors, a background check is required to be completed. Work cannot be approved to begin until the background check is completed 1. Are you related by blood or marriage to a UNCW employee or officer? If yes, tell us the relationship, name & department: Yes No 2. Do you have a business association with a UNCW employee or officer? If yes, tell us the relationship, name & department: Yes No 3. Are you receiving retirement benefits through the NC Teachers’ & State Employees' Retirement System (TSERS) or the Optional Retirement Plan (ORP)? If yes, which system? Yes No 4. Are you employed by a NC school system or community college? Yes No 5. Have you contributed to the state retirement system, either TSERS or ORP? Yes No 6. Within this calendar year, have you been a UNCW student or student employee? Yes No 7. Will you receive a W-2 from an NC state agency or a UNC university in the current calendar year? If yes, what state agency or university? Yes No Address: Make check payable to: Residency status for tax purposes (check one): U.S. Citizen Company Name: Legal Name: Last 4 numbers of SSN/ITIN/EIN: Email Address: 20 Please provide an email address of the UNCW employee who sent you this form: ATTACHMENT B: APPLICATION FOR CERTIFICATION AS INDEPENDENT CONTRACTOR (PUR 1.40 FORM) https://uncw.edu/hr/documents/CriminalBackgroundCheckForm.pdf 21 PUR 1.40 Revised 10/01/2020 Application for Certification as Independent Contractor (Effective for twelve months from approval date) All approvals are required prior to commencement of service Vendor Information (continued) 9. I will receive little or no training, supervision, or instruction from UNCW, other than receiving the scope of services. Yes No 10. I set my own priorities, timeline, amount of effort, hours of work and work independently to accomplish the services within the required time frame. Yes No 11. I have made an investment in my own trade or business, which may include obtaining a business EIN from the IRS. Yes No 12. I pay for my own business/travel expenses. Yes No 13. I provide most of my own tools/supplies/materials. Yes No 14. I have my own insurance for work-related injuries. Yes No By signing below, I certify that all the information provided in this application is correct and, if applicable, that I am a vendor in good standing with both state and federal agencies. I understand that the payments I receive are subject to IRS regulations and may be taxable income, subject to backup withholding and 1099 or 1042-S federal reporting. Payments in excess of $1,500 may be subject to 4% NC withholding tax. Depending on services provided to UNCW, I may be subject to a criminal background check. I also agree that I shall hold and save the University, its officers, agents, and employees, harmless from liability of any kind and from any and all claims and losses accruing or resulting to any person, firm or corporation that may be injured or damaged in the performance of this service. I represent and warrant that I shall make no claim of any kind or nature against the University’s agents who are involved in the delivery or processing of my services to the University. This is an application and should not be construed as acceptance of an offer for services. Signature: _____________________________________________________________Date: ______________________ SECTION II (completed by UNCW department initiating services) PAYMENT OPTIONS (include all that apply) A. Service Fee $___________ B. UNCW Paid Lodging $___________ C. Prepay Airfare $___________ D. Misc. Items $___________ Prepared by: Department: Will the vendor have unsupervised contact with students and/or minors? Yes No If yes, applicant must submit a criminal background check release form to Human Resources. Human Resources must have given approval to begin work prior to services starting. Will services be performed in North Carolina? Yes No Date(s) of service/performance to COMMENTS (optional) 8. Do you offer your services to others as part of a trade or business? Yes No https://uncw.edu/hr/documents/CriminalBackgroundCheckForm.pdf Proposal Number: 72-PCWP22016 22 ATTACHMENT C: SAMPLE SERVICE CONTRACT The following agreement is a sample of the contract to be used for this program. Questions or clarifications must be submitted per Section 2.5 above. Any exceptions must be requested in writing prior to bid opening. State of North Carolina County of New Hanover (rev. 01/10/2019) SAMPLE CONTRACT UNIVERSITY OF NORTH CAROLINA AT WILMINGTON CONTRACT FOR SERVICES THIS AGREEMENT, is made and entered into this DD of MONTH YEAR by and between NAME , CITY, STATE hereinafter referred to as “Contractor”, and the University of North Carolina at Wilmington, hereinafter referred to as “University”; WITNESSETH THAT WHEREAS, the Contractor has submitted to the University a proposal for the performance of certain services; and WHEREAS, the parties hereto desire to reduce the terms of this agreement to writing; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The Contractor hereby agrees to perform in a manner satisfactory to the University, the services as described in the attached Schedule A (Statement of Work). 2. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any individual contractual relationship with the University. 3. The Contractor shall not substitute personnel assigned to the performance of this contract without prior approval by the University’s Contract Administrator. 4. The University’s Contract Administrator shall be NAME, TITLE, DEPARTMENT. 5. Work proposed to be performed under this contract by the Contractor or its employees shall not be sub-contracted without prior written approval of the Contract Administrator. 6. The period for which the Contractor shall be committed to provide the services specified in this contract shall be from date of execution of the contract through END DATE [MONTH DATE YEAR]. 7. If, through any cause, the Contractor shall fail to, in timely and proper manner, fulfill the obligations under this agreement, the University shall there upon have the right to terminate this contract by giving written notice to the Contractor of such termination 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 the agreement, and the University may withhold any payment due the Contractor for the purpose of set off until such time as the exact amount of damages due the University from such breach can be determined. 8. The University may terminate this agreement for convenience at any time by 30 days’ notice in writing from the University to the Contractor. The University may terminate this agreement for cause at any time by written notice. Unsatisfactory performance or conduct of contracted employees is reason for termination by cause. The Contract Administrator has the authority to decide what constitutes reasonable justification for termination by cause. In the event of termination, all finished or unfinished materials as described in Paragraph 7 above shall, at the option of the University, become its property. If the contract is terminated by the University as provided herein, the Contractor will be paid in an amount which bears in the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this agreement, or for each full day services performed where compensation is based on each full day of services performed, less payment of compensation previously made. Proposal Number: 72-PCWP22016 23 9. It is understood and agreed between the Contractor and the University that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation of appropriation of funds to the University for the purpose set forth in this agreement. 10. 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. 11. Upon the entering of a judgment of bankruptcy or insolvency by or against the Contractor, the University may terminate this contract for cause. 12. The Contractor shall not assign or transfer any interest in this agreement. 13. 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 copyright ownership in and to any work, including but not limited to form, process, method, art, negatives, photographs, designs, text, software, or other documentation created as part of the Contractor’s performance under this agreement shall vest in the University, and the Contractor agrees to assign all rights therein to the University. 14. It is agreed between the parties hereto that the place of this contract, its situs and forum, shall be New Hanover County, North Carolina, and in said County and State shall matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of this agreement, be determined. 15. The Contractor agrees that the University will have the right to audit the records of the Contractor pertaining to this contract both during performance and after completion. The Contractor will retain all such records for a period of three years following completion of the contract. 16. The Contractor agrees that he/she shall be responsible for the proper custody and care of any property furnished him/her for use in connection with the performance of this contract or purchased by him/her for this contract and will reimburse the University for its loss or damage. 17. The non-discrimination clause contained in Section 202 Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. The Program for Employment of the Handicapped (Affirmative Action): Regulations issued by the Secretary of Labor of the United States in Title 20, part 741, Chapter VI, subchapter “C” of the Code of Federal Regulations, pursuant to the provisions of Executive Order 11758 and Section 503 of the Federal Rehabilitation Act of 1973 are incorporated herein. 18. When necessary, the Contractor shall obtain, pay for, and keep in force for the duration of the contract the following minimum insurance and shall furnish to the University certificates evidencing that such insurance is in effect and providing that the carrier shall give the Contractor and the University at least 10 days written notice of any material change in or cancellation of such insurance: a) Workmen’s Compensation Insurance, required by the laws of North Carolina, covering all of the Contractor’s employees engaged in any work hereunder; b) Public liability insurance against liability for bodily injury or death of any one person in any one accident in the amount of $100,000 and in the amount of $300,000 for the injury or death of more than one person in any one accident; this policy shall further provide against liability for Property Damage in the amount of $100,000 for any one accident and $100,000 in the aggregate, which may be caused by Contractor or Employee of contractor in the course of doing its work; All above insurance coverage must be obtained from a company duly licensed to do business in the State of North Carolina and countersigned by a licensed resident agent. 19. 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 University 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 Proposal Number: 72-PCWP22016 24 goods to the University. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 20. 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, riot, civil insurrection, earthquake, hurricane, tornado or other catastrophic natural event or act of God. 21. The Contractor shall be required to comply with all laws, ordinances, codes, rules, regulations and licensing requirements that are applicable to the conduct of its business and the work to be performed, including those of Federal, State and local agencies having jurisdiction and/or authority. 22. 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. 23. This contract, UNCW RFP 72-PCWP22016 incorporating NC General Terms and Conditions and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. 24. This contract may be amended only by written amendments duly executed by the University and the Contractor. 25. Any notice under this Contract to the Parties shall be sufficient if mailed to the other as indicated below: To Contractor: To UNCW: Attn: ______________________________________ Attn: ___________________________________ Address: __________________________________ Address: _________________________________ City, State ZIP: _____________________________ City, State, ZIP ____________________________ 26. 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. 27. Payment shall be made as follows: For satisfactory performance of the services described in the attached Schedule A (Statement of Work), the University shall pay the Contractor the compensation provided for in the attached Schedule B (Compensation). Payment shall be made within thirty (30) days after the University’s receipt and approval of the Contractor’s monthly statement of services and costs, prepared in such form and detail and supported by such documents as the University may specify. The Contractor shall not incur costs for performance of services under this Agreement in excess of $AMOUNT without the prior written authorization of the University’s Purchasing Department as otherwise specified in this document nor shall the Contractor be required to render performance beyond the $AMOUNT limit unless and until said prior written authorization is obtained. 28. Loss of Funding: Contractor expressly acknowledges and agrees that in the event funds are not appropriated or allocated by state or university for this purpose, UNCW may terminate the order at any time during the period of performance without further obligation to contractor and without contractor recourse of any kind, in law or equity. 29. Personal Identifiable Information: If the 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 including “personally identifiable information” from student education records as defined by the Family Educational Rights and Privacy Act (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 the 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 redisclose personally identifiable information as directed by FERPA, 34 CFR §99.33, or by other 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 the University with the information listed in N.C.G.S. §75-65(d)(1-4) and shall fully cooperate with the University. Contractor shall indemnify University for any breach of confidentiality Proposal Number: 72-PCWP22016 25 or failure of its responsibilities to protect confidential information. Specifically, with regard to, but not limited to, the cost of notification of affected persons as a result of its accidental or negligent release of university data provided to Contractor pursuant to the Contract. IN WITNESS THEREOF, the parties have executed this agreement effective the day and year first above written. SCHEDULE A STATEMENT OF WORK This sets forth the objectives to be reached by this effort and the planned work content in accordance with the terms and provisions of the Agreement. The Contractor will provide the following service: 1. [Contractor proposal shall be incorporated into this section. ] SCHEDULE B 
COMPENSATION This sets forth the compensation payable by the University to the Contractor in accordance with the terms set forth in the Contract. Upon the satisfactory completion of the services, Contractor will submit invoices for payment. Prepayment or deposits are not permitted. Please submit a copy of the invoice to accountspayable@uncw.edu. 1. Payment will be made by University check (or ACH Direct Deposit if requested) payable to: _________________________. 2. Rate: 3. Payment will be made by UNIVERSITY check, payable to the Contractor. W9 with Taxpayer Identification Number or Social Security Number of Contractor is required. University North Carolina at Wilmington Name Date Title Street City/State Phone Email Contractor Name Date Title Street City/State Phone Email mailto:accountspayable@uncw.edu Proposal Number: 72-PCWP22016 26 ATTACHMENT D: INSTRUCTIONS TO VENDORS The Instructions to Vendors, which are incorporated herein by this reference, may be found here: https://uncw.edu/purchasing/forvendors.html ATTACHMENT E: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_09.2020.pdf. ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR The Location of Workers Utilized by Vendor associated with this RFP is a separate document that is captioned ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR and can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Vendors-Located-Outside-the-United- States_01.2020.pdf. ATTACHMENT G: CUSTOMER REFERENCE FORM The Customer Reference Form associated with this RFP is a separate document that is captioned ATTACHMENT G: CUSTOMER REFERENCE FORM and can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer-Reference-Template_092020.pdf. ATTACHMENT H: HUB SUPPLEMENTAL SUPPLIER INFORMATION The Historically Underutilized Businesses (HUB) Supplier Information associated with this IFB is a separate document that is captioned ATTACHMENT H: HUB SUPPLEMENTAL SUPPLIER INFORMATION and can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2020.pdf. https://uncw.edu/purchasing/forvendors.html https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_09.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Vendors-Located-Outside-the-United-States_01.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Vendors-Located-Outside-the-United-States_01.2020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer-Reference-Template_092020.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2020.pdf