Asphalt Parking Lot Paving Services

STATE OF NORTH CAROLINA DEPARTMENT OF ADULT CORRECTION Invitation for Bid #: 52-IFB-675790237-CCG ASPHALT PARKING LOT PAVING SERVICES Date of Issue: April 20, 2023 Bid Opening Date: May 4, 2023 At 2:00 PM ET Procurement Lead: Crystal Carlson Procurement Specialist Email: crystal.carlson@dac.nc.gov Phone: 919-324-6475 Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 2 of 25 STATE OF NORTH CAROLINA Invitation for Bid # 52-IFB-675790237-CCG ______________________________________________________ For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page shall be

filled out and returned with your bid. Failure to do so may subject your bid to rejection. ___________________________________________________ Vendor Name ______________________________ Vendor eVP# Note: For your bid to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login https://vendor.ncgov.com/vendor/login Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 3 of 25 Refer ALL Inquiries regarding this IFB to: Crystal Carlson All correspondence with Vendors shall be through the Ariba Sourcing Tool. Questions will be received in the Ariba Sourcing Tool (Only) based on the schedule in Section 2.4 Invitation for Bid #: 52-IFB-675790237-CCG Bids will be publicly opened: May 4, 2023, at 2:00 PM ET Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 259 622 348 943 Passcode: Jwn2mb Download Teams | Join on the web Using Agency: Department of Adult Correction Commodity No. and Description: 721411 – Infrastructure building and surfacing and paving services Requisition No.: PR12578788 EXECUTION In compliance with this Invitation for Bid (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that: ▪ this bid is submitted competitively and without collusion (G.S. 143-54), ▪ none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and ▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that: ▪ it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E- Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; 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 IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is 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 INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the Ariba Sourcing Tool. Failure to execute/sign bid prior to submittal shall render bid invalid and it WILL BE REJECTED. Late bids shall not be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: STATE OF NORTH CAROLINA DEPARTMENT OF ADULT CORRECTION https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjM4ODFjOWEtNjlkOC00MDM2LWIwYjAtNmY3ZDRjNTVlZDYy%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%227879dc6a-4432-46d0-b99f-665cd437bc76%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 4 of 25 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: Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 5 of 25 VALIDITY PERIOD Offer shall be valid for at least 90 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB. ACCEPTANCE OF BIDS If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of the Department of Adult Correction) Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 6 of 25 Table Of Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 8 2.0 GENERAL INFORMATION ...................................................................................................... 8 2.1 INVITATION FOR BID DOCUMENT ....................................................................................... 8 2.2 E-PROCUREMENT FEE ......................................................................................................... 8 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS ................................ 8 2.4 IFB SCHEDULE ...................................................................................................................... 9 2.5 SITE VISIT .............................................................................................................................. 9 2.6 BID QUESTIONS .................................................................................................................. 10 2.7 BID SUBMITTAL ................................................................................................................... 10 2.8 BID CONTENTS .................................................................................................................... 11 2.9 ALTERNATE BIDS ............................................................................................................... 11 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ......................................................... 11 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................. 11 3.1 METHOD OF AWARD .......................................................................................................... 11 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ...... 12 3.3 BID EVALUATION PROCESS .............................................................................................. 12 3.4 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................. 12 3.5 INTERPRETATION OF TERMS AND PHRASES ................................................................. 13 4.0 REQUIREMENTS ................................................................................................................... 13 4.1 PRICING ............................................................................................................................... 13 4.2 INVOICES ............................................................................................................................. 13 4.3 FINANCIAL STABILITY ........................................................................................................ 13 4.4 HUB PARTICIPATION .......................................................................................................... 14 4.5 REFERENCES ...................................................................................................................... 14 4.6 BACKGROUND CHECKS .................................................................................................... 14 4.7 PERSONNEL ........................................................................................................................ 14 4.8 VENDOR’S REPRESENTATIONS ........................................................................................ 15 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................. 15 5.0 SCOPE OF WORK ................................................................................................................. 15 5.1 GENERAL ............................................................................................................................. 15 5.2 DEVIATIONS ......................................................................................................................... 16 Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 7 of 25 6.0 CONTRACT ADMINISTRATION ............................................................................................ 16 6.1 PROJECT MANAGER .......................................................................................................... 16 6.2 CONTINUOUS IMPROVEMENT ........................................................................................... 16 6.3 ACCEPTANCE OF WORK .................................................................................................... 16 6.4 DISPUTE RESOLUTION ....................................................................................................... 17 6.5 CONTRACT CHANGES ........................................................................................................ 17 6.6 DAC ADDITIONAL TERMS .................................................................................................. 17 6.7 ATTACHMENTS ................................................................................................................... 18 ATTACHMENT A: PRICING FORM .................................................................................................. 19 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION ............................................. 20 ATTACHMENT E: CUSTOMER REFERENCE TEMPLATE .............................................................. 22 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR ........................................... 23 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION .................................................. 24 ATTACHMENT H: ALCOHOL/DRUG-FREE WORKPLACE POLICY .............................................. 25 Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 8 of 25 1.0 PURPOSE AND BACKGROUND The Department of Adult Correction is seeking a qualified vendor to perform paving services to add parking space to an existing parking lot, which is currently a grassy area. The work will be performed at Western Correctional Center for Women. The intent of this solicitation is to award an [Agency Contract, Agency Specific Contract. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BID DOCUMENT This IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. What is the Ariba Network? The Ariba Network is a web-based platform that serves as a connection point for buyers and vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: http://eprocurement.nc.gov/training/vendor-training. 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component of this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period. Other than through this Q and A process or negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. http://eprocurement.nc.gov/ Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 9 of 25 Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. 2.4 IFB SCHEDULE The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue IFB State 4/20/2023 Hold Pre-Bid Meeting/Site Visit State 4/28/2023 at 9:00 AM ET Submit Written Questions Vendor 5/1/2023 by 3:00 PM ET Provide Response to Questions State 5/2/2023 Submit Bids Vendor 5/4/2023 by 2:00 PM ET Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 259 622 348 943 Passcode: Jwn2mb Download Teams | Join on the web Join with a video conferencing device ncgov@m.webex.com Video Conference ID: 111 433 715 9 Alternate VTC instructions Or call in (audio only) +1 984-204-1487,,754352687# United States, Raleigh Phone Conference ID: 754 352 687# Find a local number | Reset PIN 2.5 SITE VISIT Urged and Cautioned Site Visit Date: 04/28/2023 Time: 09:00 AM Eastern Time Location: 55 Lake Eden Road Maintenance Shop Black Mountain, NC 28711 Contact #: 828-259-6020 - Al Reese or Steve Swiney Instructions: Vendor representatives are URGED and CAUTIONED to visit the site and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this IFB. A non-mandatory site visit is scheduled for this IFB. Submission of a bid shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this IFB. Vendor is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this IFB, must be confirmed by written addendum before it can be considered to be a part of this IFB and any resulting contract. https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjM4ODFjOWEtNjlkOC00MDM2LWIwYjAtNmY3ZDRjNTVlZDYy%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%227879dc6a-4432-46d0-b99f-665cd437bc76%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://www.webex.com/msteams?confid=1114337159&tenantkey=ncgov&domain=m.webex.com tel:+19842041487,,754352687# https://dialin.teams.microsoft.com/c102d528-0544-4660-b869-294e85047e28?id=754352687 https://dialin.teams.microsoft.com/usp/pstnconferencing Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 10 of 25 2.6 BID QUESTIONS Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum. Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the IFB SCHEDULE Section of this IFB. Vendors will enter “52-IFB-675790237-CCG – Questions” as the subject of the message. Question submittals should include a reference to the applicable IFB section. This is the only manner in which questions will be received. Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the IFB and an addendum to this IFB. 2.7 BID SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bids(s). Solicitation responses are subject to Sealed Bidding requirements. Vendor’s bids for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST. Tips for Using the Sourcing Tool 1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk. 2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response. 3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted. 4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted. https://eprocurement.nc.gov/training/vendor-training Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 11 of 25 2.8 BID CONTENTS Vendors shall provide responses to all questions and complete all attachments for this IFB that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion. Vendors shall upload the following items and attachments in the Sourcing Tool: a) Completed and signed version of all EXECUTION PAGES, along with the body of the IFB. b) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned. c) Vendor’s Response. d) Completed version of ATTACHMENT A: PRICING e) Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION f) Completed and signed version of ATTACHMENT E: CUSTOMER REFERENCE FORM g) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR h) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION i) ATTACHMENT H: ALCOHOL/DRUG-FREE WORKPLACE POLICY 2.9 ALTERNATE BIDS Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bid must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Each bid must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Bids in the Sourcing Tool. 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found in the Sourcing Tool, which are incorporated herein by this reference. 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All responsive bids will be reviewed, and an award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications provided herein. While the intent of this IFB is to award a Contract(s) to a 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 IFB 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 bids received. Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 12 of 25 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph of the Instructions To Vendors entitled Communications By Vendors. 3.3 BID EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct an evaluation of responsive Bids, as follows: Bids will be received according to the method stated in the Bid Submittal section above. All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered may be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 13 of 25 d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.5 INTERPRETATION OF TERMS AND PHRASES This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better bid, the Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Bid Questions Section above. 4.1 PRICING Bid price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Bid response The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. 4.2 INVOICES Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant: Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED. 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 to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing ATTACHMENT G: 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 Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 14 of 25 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 financial stability. 4.4 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION. 4.5 REFERENCES Vendor shall complete ATTACHMENT E: CUSTOMER REFERENCE FORM providing at least three (3) references, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Bid. 4.6 BACKGROUND CHECKS Any personnel or agent of Vendor performing Services under any Contract arising from this IFB may be required to undergo a background check at the expense of the Vendor, if so requested by the State. a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, by Vendor, its officers or directors, or any of its employees or other personnel to provide Services on this project, of which Vendor has knowledge, or provide a statement that Vendor is aware of none; b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge, or provide a statement Vendor is aware of none; c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none. e) Any civil litigation, arbitration, proceeding, or judgments pending against Vendor during the three (3) years preceding submission of its bid herein or a statement that there are none. Vendor’s response to these requests shall be considered a continuing representation, and Vendor’s failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this Contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this Contract. 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 Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 15 of 25 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 bid 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 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 Vendor’s bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation: ☒ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00 5.0 SCOPE OF WORK 5.1 GENERAL The specific items and any specifications that the Purchasing Agency is seeking are listed below. Items offered by the Vendor must meet or exceed the listed Specifications to be considered for award. The area in which work will be performed is approximately 8,760 square yards. • Vendor shall complete the job within ten (10) business days, weather permitting, after receipt of purchase order unless other arrangements are agreed upon by DAC and awarded vendor • Vendor shall provide a one (1) year warranty on all workmanship and standard warranty on all material as per the manufacturer’s specifications. • Vendor shall maintain a clean and safe jobsite during the process • Vendor shall excavate the proposed area to a depth of eight (8) inches below the finished elevation. • Vendor shall make an entrance to match the entrance of the existing lot • Vendor shall excavate the area 10 inches deep and move materials to area on site designated by DAC. • Vendor shall level the area to be paved and compact as needed • Vendor will install 6 inches of roadbond gravel and compact • Vendor shall install a 2 1⁄2” binder hot mix compress (3” to 2 1⁄2”) • Vendor shall machine roll to a smooth finish Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 16 of 25 • Vendor shall stripe parking lot extension to match the existing parking area • Vendor shall barricade all areas during and after construction until the surface is safe for driving. • Vendor shall provide all materials necessary to perform the services outlined herein • Vendor shall provide 1 1⁄2” topcoat compressed to 1”. 5.2 DEVIATIONS The nature of all deviations from the Specifications listed herein shall be clearly described by the Vendor. Otherwise, it will be considered that items offered by the Vendor are in strict compliance with the Specifications provided herein, and the successful Vendor shall be required to supply conforming goods and/or services. Deviations shall be explained in detail below or on an attached sheet. However, no implication is made or intended by the State that any deviation will be acceptable. Do not list objections to the North Carolina General Terms and Conditions in this section. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes.PROJECT MANAGER 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. Project Manager Name: Office Phone #: Mobile Phone #: E-Mail: 6.2 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consists of various ways to enhance business efficiencies as performance progresses. 6.3 ACCEPTANCE OF WORK Performance of the work and/or delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator. The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a 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, installation, or testing, as applicable to the work or deliverable. Final Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 17 of 25 acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina. 6.4 DISPUTE RESOLUTION During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.5 CONTRACT CHANGES Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. 6.6 DAC ADDITIONAL TERMS 1. ALCOHOL/DRUG FREE WORK PLACE POLICY: A copy of the Department’s Alcohol/Drug Free Work Place Policy is attached to this solicitation. The contractor shall use reasonable and good faith efforts to ensure that employees/staff are aware of the Department’s policy. The contractor understands that its employees/staff are required to abide by these standards. The contractor further understands that possession, use, manufacture, or distribution of illegal drugs or alcohol in violation of this policy, by employees/staff participating in the performance of this contract, may result in immediate termination of this contract for cause. 2. PREA: The NC Department of Adult Correction is committed to a standard of zero-tolerance pertaining to unduly familiar or sexually abusive behavior either by another juvenile or by staff, volunteer, vendor, contractor or party. Staff, volunteers, vendors, contractors or parties are strictly prohibited from engaging in personal dealings or any conduct of a sexual nature with any inmate or juvenile. Conversation and conduct with any inmate or juvenile must be professional at all times. Sexual acts between a juvenile or inmate and staff, volunteer, vendor, contractor or party may violate North Carolina law. Additionally, sexual acts between a juvenile or inmate and staff member will contradict the standards of the federal Prison Rape Elimination Act of 2003 (PREA). Such acts also may be punishable, at a minimum, as a Class E felony in North Carolina. Under North Carolina, consent of the inmate or juvenile may not available as a defense for an individual who is charged criminally based on sexual conduct with the inmate or juvenile. Also, pursuant to PREA standards, no juvenile or inmate can consent to engage in sexual activity with staff, volunteers, vendors, contractors or parties. Any contractual facility will comply with the national standards to prevent, detect, and respond to PREA (115.12, 212, 312) and permit the Department to monitor this aspect of the contract to ensure compliance with the PREA standards. As a valued partner with DAC, it is important to remember that if you become aware of a report of any incidents of unduly familiar or sexually abusive behavior or sexual harassment, you have a duty to report this information immediately to your contact person with the Agency, by email to prea@ncdps.gov, or the DAC Communications office at (800) 368-1985. mailto:prea@ncdps.gov Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 18 of 25 Additionally, it may violate North Carolina law to sell or give an inmate or juvenile any alcoholic beverages, barbiturate or stimulant drug, or any narcotic, poison or poisonous substance, except upon the prescription of a physician; and it may violate North Carolina law to give an inmate or juvenile any tobacco or tobacco products, alcohol, or cell phones. It may also violate NCDAC policy to convey to or take from any juvenile or inmate any letters, or verbal messages; to convey any weapon or instrument by which to effect an escape, or that will aid in an assault or insurrection; to trade with any inmate for clothing or stolen goods or to sell any inmate any article forbidden by NCDAC policy. By signing this document, you acknowledge that you understand and will abide by this policy as outlined above. 3. Price Adjustments: Prices proposed by the Vendor shall be firm against any increase for one (1) year from the effective date of the Contract. Price increase requests shall be submitted in writing to the Contract Lead, which shall include the reason(s) for the request and contain supporting documentation for the need. Price increases will be negotiated and agreed to by both the State and Vendor in advance of any price increase going into effect. The State is not obligated to accept pricing adjustments or increases and reserves the right to accept or reject them in part or in whole. Price de-escalation or decreases may be requested by the State at any time. It is understood and agreed that orders will be shipped at the established Contract prices in effect on the date an order is placed. Invoicing that deviates from this provision may result in Contract to cancellation. 6.7 ATTACHMENTS All attachments to this IFB are incorporated herein and shall be submitted by responding in the Sourcing Tool. These attachments can be found at the following Vendor Forms link for reference purposes only: https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 19 of 25 ATTACHMENT A: PRICING FORM FURNISH AND DELIVER: ITEM # DESCRIPTION EXTENDED PRICE 1 LABOR: To perform the services outlined herein. $ $ 2 MATERIALS: To perform the services outlined herein. $ TOTAL EXTENDED PRICE: $ _______________ Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 20 of 25 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION Solicitation #: _ Vendor Name: _ Historically Underutilized Businesses (HUBs) consist of minority, women, and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) from one of these categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this procurement process by businesses owned by minorities, women, the disable, disabled business enterprises, and non-profit work centers for the blind and severely disabled. This includes utilizing individual(s) from these categories as subcontractors to perform the functions required in this Solicitation. The Vendor shall respond to questions below, as applicable. PART I: HUB CERTIFICATION Is Vendor a NC-certified HUB entity? Yes No If yes, provide Vendor #: _ _ If no, does Vendor qualify for certification as HUB? Yes No Vendors that check “yes” will be referred to the HUB Office for assistance in acquiring certification. PART II: PROCUREMENT OF GOODS - SUPPLIERS For Goods procurements, are you using Tier 2 suppliers? Yes No If yes, then provide the following information: Company Name Company Address Website Address Contact Name Contact Email Contact Phone NC HUB certified? Percent of total bid price Bid Number: 52-IFB-675790237-CCG Vendor: ________________________________________ Ver: 11/2021 Page 21 of 25 PART III: PROCUREMENT OF SERVICES - SUBCONTRACTORS For Services procurements, are you using Subcontractors to perform any of the services being procured under this solicitation? Yes No If yes, then provide the following information: Company Name Company Address Website Address Contact Name Contact Email Contact Phone NC HUB certified? Percent of total bid price Need more information? Questions concerning the completion of this form should be presented during the Q&A period through the process defined in the Solicitation document. Questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at 984-236-0130 or huboffice.doa@doa.nc.gov http://ncadmin.nc.gov/businesses/hub http://ncadmin.nc.gov/businesses/hub http://ncadmin.nc.gov/businesses/hub mailto:huboffice.doa@doa.nc.gov Bid Number: 52-IFB-675790237-CCG Vendor: __________________________________________ Ver: 11/2021 Page 22 of 25 ATTACHMENT E: CUSTOMER REFERENCE TEMPLATE Solicitation #: ____________________________ Vendor Name: Instructions: Vendor shall use this template to submit three (3) customer references with its offer. Name of Customer Organization: Customer Reference Name: Customer Reference Address: Customer Reference Email: Start Date: End Date: Explanation of contract, service agreement, or type of products and quantity provided to the organization: Name of Customer Organization: Customer Reference Name: Customer Reference Address: Customer Reference Email: Start Date: End Date: Explanation of contract, service agreement, or type of products and quantity provided to the organization: Name of Customer Organization: Customer Reference Name: Customer Reference Address: Customer Reference Email: Start Date: End Date: Explanation of contract, service agreement, or type of products and quantity provided to the organization: Bid Number: 52-IFB-675790237-CCG Vendor: __________________________________________ Ver: 11/2021 Page 23 of 25 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR Solicitation #: Vendor Name: In accordance with NC General Statute G.S. 143-59.4, Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of The Contract. Vendor shall complete items 1 and 2 below. 1. Will any work under this Contract be performed outside of the United States? YES NO If “YES”: a) List the location(s) outside of the United States where work under the Contract will be performed by the Vendor, any subcontractors, employees, or any other persons performing work under the Contract. b) Specify the manner in which the resources or workers will be utilized: 2. Where within the United States will work be performed? _ _ _ NOTES: 1. The State will evaluate the additional risks, costs, and other factors associated with the utilization of workers outside of the United States prior to making an award. 2. Vendor shall provide notice in writing to the State of the relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing services under the Contract to a location outside of the United States. 3. All Vendor or subcontractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. Bid Number: 52-IFB-675790237-CCG Vendor: __________________________________________ Ver: 11/2021 Page 24 of 25 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION Solicitation #: ______________________________________ Name of Vendor: ____________________________________ The undersigned hereby certifies that: [check all applicable boxes] The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: ______________________ (If no audit within past 18 months, explain reason below) The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. The Vendor is current on all amounts due for payments of federal and state taxes and required employment-related contributions and withholdings. The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of The Contract. He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This shall constitute a continuing certification and Vendor shall notify the Contract Lead within 30 days of any material change to any of the representations made herein. — If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason(s) in the space below. Failure to include an explanation may result in Vendor being deemed non-responsive and its submission rejected in its entirety. ______________________________________________________________________________ Signature Date ______________________________________________________________________________ Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Bid Number: 52-IFB-675790237-CCG Vendor: __________________________________________ Ver: 11/2021 Page 25 of 25 ATTACHMENT H: ALCOHOL/DRUG-FREE WORKPLACE POLICY POLICY It is the policy of the Department of Adult Correction to provide a work environment free of alcohol and drugs in order to ensure the safety and well-being of employees, correctional clientele, and the general public. All employees of the Department of Adult Correction, including permanent full-time, trainee, and permanent part-time, permanent hourly, probationary, and temporary shall abide by this policy. PURPOSE This document is intended to advise managers and employees of the guidelines of an alcohol/drug free workplace, and to set out the penalties for violation(s) of the guidelines. PROCEDURES/OPERATIONAL GUIDELINES All employees of the Department of Adult Correction are expected to be physically and mentally prepared and able to perform their assigned duties throughout the workday. No employee shall report to the work site impaired by or suffering from the effects of drugs or alcohol. Individuals reporting for work under the influence or the effects of alcohol and/or drugs shall be issued discipline, up to and including dismissal, consistent with the policy governing personal conduct. No employee shall manufacture, distribute, or dispense controlled substances (drugs/alcohol) at the work site or away from the work site. No employee shall use “across the counter” medication to the point of impairment while at the work site, or in any situation which may bring discredit to the Department. Use or abuse shall be viewed as personal misconduct and shall be cause for immediate disciplinary action up to and including dismissal. Possession of an illegal substance in any situation, at work or away from the work site shall be cause for discipline. Possession of controlled substances, i.e. Prescription medication or alcohol, must be in compliance with existing laws. Violations will result in discipline up to and including dismissal based on personal misconduct. Employees who are arrested, detained, or served a warrant for any alcohol/drug related incident, at the work site or away from the work site have 24 hours to file a written report of the situation with the work unit supervisor/manager, i.e. Warden, Superintendent, Branch Manager. The work unit supervisor/manager shall make a recommendation for appropriate disciplinary action based on the facts of the case after conducting a thorough investigation. If sufficient facts cannot be obtained due to pending litigation, the work unit supervisor/manager shall request, in writing, that any recommendation for disciplinary action be delayed until the court has disposed of the matter. Once the legal proceedings have been completed, the employee shall furnish a certified copy of the court disposition within 48 hours of the judgment. The recommendation for discipline shall be made at this time, if not previously addressed. Any conviction of a drug or alcohol related offense, which occurred at the work site, shall be reported to the federal government by the Personnel Office; therefore, such offenses shall be reported to the Personnel Office by the appropriate manager so that the Personnel Office may comply with the requirement. The Department of Adult Correction utilizes the State Employee Assistance Program (EAP) administered through the Office of State Personnel. The EAP provides employees with a comprehensive referral service to aid in coping with or overcoming personal problems, including drug and alcohol problems. Consultants with the State EAP will provide managerial/supervisory training and coordinate employee orientation.