Temporary Labor Staffing

expired opportunity(Expired)
From: University of North Carolina Wilmington(Higher Education)
71-Q2020-04

Basic Details

started - 11 Jun, 2020 (about 3 years ago)

Start Date

11 Jun, 2020 (about 3 years ago)
due - 09 Jul, 2020 (about 3 years ago)

Due Date

09 Jul, 2020 (about 3 years ago)
Bid Notification

Type

Bid Notification
71-Q2020-04

Identifier

71-Q2020-04
UNIVERSITY - UNC at Wilmington

Customer / Agency

UNIVERSITY - UNC at Wilmington
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STATE OF NORTH CAROLINA The University of North Carolina at Pembroke Request for Proposal #: 71-Q2020-04 Temporary Labor Staffing Date of Issue: June 11, 2020 Proposal Opening Date: July 9, 2020 At 2:00 pm ET Direct all inquiries concerning this RFP to: Tonya Sikes Purchasing Specialist Email: tonya.sikes@uncp.edu Phone: 910-522-5740 STATE OF NORTH CAROLINA Request for Proposal # 71-Q2020-04 ______________________________________________________ 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 North Carolina General Statute 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. ID Number: ___________________________________________ Federal ID Number or Social Security Number _________________________________ ______ Vendor Name RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 4/15/16 Page 1 of 30 FOR STATE USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on  the attached certification, by _______________________________________________ .  (Authorized Representative of UNC Pembroke).  EXECUTION In compliance with this Request for Proposals, 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 certifies 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 that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. 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 your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. 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 #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL: Offer valid for at least 60 days from date of proposal opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of UNC Pembroke shall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). STATE OF NORTH CAROLINA UNC-Pembroke Refer ALL Inquiries regarding this RFP to: Tonya Sikes tonya.sikes@uncp.edu Request for Proposal # 71-Q2020-04 Proposals will be publicly opened: July 9, 2020 Contract Type: Open Market Commodity No. and Description: 962-69 Temporary Labor Staffing Using Agency: UNC Pembroke Requisition No.: RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 2 of 30 Table of Contents 1.0 PURPOSE AND BACKGROUND ........................................................................................................... 4 2.0 GENERAL INFORMATION ..................................................................................................................... 4 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................................ 4 2.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS .......................................... 4 2.3 RFP SCHEDULE ...................................................................................................................................... 5 2.4 PROPOSAL QUESTIONS ....................................................................................................................... 5 2.5 PROPOSAL SUBMITTAL ........................................................................................................................ 6 2.6 PROPOSAL CONTENTS ......................................................................................................................... 7 2.7 ALTERNATE PROPOSALS .................................................................................................................... 7 2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ........................................................................ 7 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS ................................................ 8 3.1 METHOD OF AWARD .............................................................................................................................. 8 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ................ 8 3.3 PROPOSAL EVALUATION PROCESS ................................................................................................. 9 3.4 EVALUATION CRITERIA ......................................................................................................................... 9 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................................ 11 3.6 INTERPRETATION OF TERMS AND PHRASES ................................................................................ 11 4.0 REQUIREMENTS .................................................................................................................................... 11 4.1 CONTRACT TERM .................................................................................................................................. 14 4.2 PRICING .................................................................................................................................................. 14 4.3 INVOICES ................................................................................................................................................ 14 4.4 PAYMENT TERMS .................................................................................................................................. 14 4.5 FINANCIAL STABILITY ......................................................................................................................... 15 4.6 VENDOR EXPERIENCE……………………………………………………………………………………………………………………………..15 4.7 REFERENCES ........................................................................................................................................ 15 4.8 PERSONNEL .......................................................................................................................................... 15 4.9 VENDOR’S REPRESENTATIONS ....................................................................................................... 15 5.0 SCOPE OF WORK .................................................................................................................................. 16 5.1 PROJECT ORGANIZATION .................................................................................................................. 18 5.2 TECHNICAL APPROACH ..................................................................................................................... 18 5.3 ACCEPTANCE OF WORK ..................................................................................................................... 19 5.4 TRANSITION ASSISTANCE ................................................................................................................. 19 6.0 CONTRACT ADMINISTRATION ........................................................................................................... 19 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 3 of 30 6.1 PROJECT MANAGER AND CUSTOMER SERVICE .......................................................................... 19 6.2 CONTINUOUS IMPROVEMENT ........................................................................................................... 19 6.3 DISPUTE RESOLUTION ........................................................................................................................ 19 6.4 CONTRACT CHANGES ........................................................................................................................ 20 ATTACHMENT A: INSTRUCTIONS TO VENDORS ......................................................................................... 21 ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ....................... 24 ATTACHMENT C: PRICING .............................................................................................................................. 28 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR ....................................................... 29 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION .............................................................. 30 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 4 of 30 1.0 PURPOSE AND BACKGROUND PURPOSE UNC Pembroke hereby requests competitive proposals from well-established Temporary Labor Service Agencies having experience in the successful placement of temporary staff in building grounds, environmental maintenance, and administrative support categories. Contractors must maintain a local permanent office within the surrounding areas of the main UNC Pembroke campus. The services requested may be used across the entire campus, but the main focus will be in the following areas: Facilities Operations, Housing and Residence Life, and various departments for administrative support needs. The requested temporary labor is provided to function in various roles while supporting the respective department requirements. BACKGROUND The University of North Carolina at Pembroke was established in 1996 by the North Carolina General Assembly which transformed Pembroke State University, with beginnings in 1887, into a campus of The University of North Carolina. It is organized into the following colleges: College of Arts & Sciences, College of Health Sciences, the School of Business, the School of Education and the School of Graduate Studies. UNC Pembroke offers 41 undergraduate programs and 17 graduate programs. Enrollment is approximately 7,600 with 1,345 of the students pursuing graduate degrees. Information about the recently updated campus master plan can be found at Master Plan. UNC Pembroke has approximately 2,135 residential students. 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. 2.2 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 in 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 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 5 of 30 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. Contact with anyone working for or with the State regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor’s offer, at the State’s election. 2.3 RFP SCHEDULE The table below shows the intended schedule for this RFP. The University will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP University June 11, 2020 (by 5:00 pm) Hold Pre-Proposal Meeting/Site Visit University Not applicable Submit Written Questions Vendor June 18, 2020 (by 3:00 pm) Provide Response to Questions University June 25, 2020 (by 5:00 pm) Submit Proposals Vendor July 9, 2020 (by 2:00 pm) Contract Award University TBD Contract Effective Date University August 2020 2.4 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 e-mailed to Tonya Sikes at tonya.sikes@uncp.edu by the date and time specified above. Vendors should enter “RFP # 71-Q2020-04 Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below: Reference Vendor Question RFP Section, Page Number Vendor question…? Questions received prior to the submission deadline date, the University’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 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 6 of 30 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. 2.5 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein. Mailing address for delivery of proposal via US Postal Service Office Address of delivery by any other method (special delivery, overnight, or any other carrier) PROPOSAL NUMBER: 71-Q2020-04 University of North Carolina at Pembroke Attn: Tonya Sikes P.O. Box 1510 Pembroke, NC 28372 PROPOSAL NUMBER: 71-Q2020-04 University of North Carolina at Pembroke Attn: Tonya Sikes One University Drive Pembroke, NC 28372 IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. Note that the U.S. Postal Service generally does not deliver mail to specified street address but to the State’s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to e-mail, in response to this RFP shall NOT be accepted. a) Submit two (2) signed, original executed proposal responses, and two [2] of photocopies. b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 7 of 30 2.6 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 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, along with the body of the RFP (pages 2- 20), and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned). d) ATTACHMENT A: INSTRUCTIONS TO VENDORS e) ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS f) Completed version of ATTACHMENT C: PRICING g) Completed and signed version of ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR h) Completed and signed version of ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION i) SEPARATE DOCUMENT (NOT INCLUDED IN THE PROPOSAL ITSELF): If necessary, a list of Vendor issues or proposed alternative language concerning State Terms and Conditions (see Section 2.2 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS for additional information). 2.7 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 # 71-Q2020-04 ‘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. 2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) BAFO: Best and Final Offer, submitted by a vendor to alter its initial offer, made in response to a request by the issuing agency. b) BUYER: The employee of the State or Other Eligible Entity that places an order with the Vendor. c) CONTRACT LEAD: Representative of the University of North Carolina at Pembroke who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the State and who will administer this contract for the State. d) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 8 of 30 freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid. e) LOT: A grouping of similar products within this RFP. f) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required. g) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. h) RFP: Request for Proposal i) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. j) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions. k) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD 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 a single Vendor, the University reserves the right to award to multiple Vendors if the University deems such in its best interest and the University 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 University reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor’s office), or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor’s proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 9 of 30 authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS The University shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State reserves the right to waive any minor informality or technicality in proposals received. The University will conduct a One-Step evaluation of Proposals: Proposals will be received from each responsive Vendor in a sealed envelope or package. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. At that date and time the package containing the proposals from each responding firm 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 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 discussion with any or all Vendors for the purpose of 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. Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 3.4 EVALUATION CRITERIA, below. 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. 3.4 EVALUATION CRITERIA UNC Pembroke has established a committee which will evaluate all submissions and supporting documentation provided. Evaluation of each proposal relative to the others shall be given due consideration according to the following selection criteria below. Proposals received will be evaluated under the provisions of ‘Best Value’ procurement. Best Value procurement means the selection of a contractor is based on a determination of which proposal offers the best trade-off between price and performance, where quality is considered an integral performance factor. The award decision will be made based on multiple factors including, but not limited to, overall cost and the probability of performing the stated requirements on time with high quality results. Therefore, the lowest price offered does not guarantee an award. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 10 of 30 Contractors are cautioned that the University is not obligated to ask for, nor accept, after the closing date for receipt of proposals, data which is essential for a complete and thorough evaluation of the proposal. The University may award a contract based on initial offers received without the discussion of such offers. Accordingly, each initial proposal should be submitted on the most favorable and complete pricing and technical terms possible. Selected Finalists may be asked to meet with the evaluation committee for oral presentations. The evaluation committee may also request a review of the Contractor’s business operations and plant facilities. A contract will be awarded to the vendor whose proposal best meets the University’s mission, goals, and business objectives by providing the best overall value and most benefits with the least amount of risk. 1. Background/Qualifications 10%  Company background and evidence of financial soundness.  Track record of success providing high quality staff.  History of previous contracts with clients.  Past and current litigation issues. 2. Requirements/Responsibilities 40%  Service solution breadth and depth offered by the Contractor.  Process used to screen/interview potential staff.  Training and retention plan.  Timesheets and invoice processing procedures.  Involvement and responsibilities of the single point of contact.  Pre-employment background check and drug testing programs.  Proposed value added services beyond the RFP requirements. 3. References 10%  Responses from references to validate statements of the Offeror and provide evidence that quality service will be received by UNC Pembroke 4. Pricing 40%  Detailed cost breakdown and explanation of all fees charged to the University.  Cost of services as compared to other responses. All qualified proposals will be evaluated and award made based on considering the following criteria, to result in an award most advantageous to the State: Evaluation Criteria Weighted Points Background Qualifications 100 Requirements of responsibilities 400 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 11 of 30 References 100 Pricing 400 Total Weighed Points 1,000 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: Total cost to the State Level of quality provided by the Vendor Process and performance capability across multiple jurisdictions Protection of the State’s information and intellectual property Availability of pertinent skills Ability to understand the State’s business requirements and internal operational culture Particular risk factors such as the security of the State’s information technology Relations with citizens and employees Contract enforcement jurisdictional issues 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. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. 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 2.4. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 12 of 30 Building Environmental Technicians (Housekeepers): Duties shall include General Cleaning: empty trash containers and as needed replace liners; dust all horizontal surfaces; spot clean and dust furniture and tables; dust blinds; dust and wet mop stairs and landings; dust handrails; report any plumbing irregularities. Disinfecting: Duties shall include cleaning of telephones using sanitizer cleaner; clean and disinfect counter tops fronts and sides; clean and disinfect sinks, commodes and urinals. Floors Maintenance: Task shall include vacuuming of all carpet where applicable; spot clean carpet where applicable; dust mop tile floors; spot clean tile floors; and damp mop tile floors. Glass/Metal Work: Duties shall include cleaning entrance doors; mirrors; pictures dust vents, light fixtures and diffusers. Minimum T/E: Some knowledge of cleaning procedures, ability to follow instructions and to perform medium to heavy physical work; or an equivalent combination of training and experience. Valid driver’s license. Building Environmental Technicians (Grounds workers): These positions perform a variety of Grounds Maintenance functions and use various equipment. Minimum T/E: Some knowledge of cleaning procedures, ability to follow instructions and to perform medium to heavy physical work; or an equivalent combination of training and experience. Valid driver’s license. Building Environmental Technicians (Set-ups): Duties include event set-ups and duties shall include, but are not limited to setting up equipment before, during, and after events, and shall include, but not limited to setting stages for concerts and other stage events, setting tables and chairs for various events, and any other assigned duties. This is manual labor with the possibility of exerting up to one hundred (100) pounds and pushing, pulling and moving physical objects of size and weight on a regular basis. Minimum T/E: Some knowledge of cleaning procedures, ability to follow instructions and to perform medium to heavy physical work; or an equivalent combination of training and experience. Valid driver’s license. Facilities Maintenance Technician – Building: Provides career tracks including, but not limited to, cabinetmaking, carpentry, lock-smithing, masonry, painting, plastering and roofing that perform a variety of tasks ranging from routine and unskilled to highly skilled. Positions apply methods and general procedures of applicable trades/maintenance techniques and develop skills in procedures, techniques, tools, materials and/or equipment appropriate to trade. Some positions primarily perform trades work in a specialty area while others will perform tasks requiring specialized skills in multiple trades. Tasks may include maintenance, repair, placement, fabrication, installation, alteration, construction and design of facility components requiring the application of skills in planning, problem solving, and attention to detail, teamwork, communication and adherence to safety. Positions may be required to possess and maintain required certification, licensure, educational level, and/or experience criteria as applicable to the tasks being performed and follow applicable building codes. Minimum T/E: High school diploma or equivalency; or demonstrated possession of the competencies necessary to perform the work. Some positions may require special licenses or certification. Experience in the trade(s) areas related to the area of assignment may be substituted on a year-for-year basis. Valid driver’s license. Facilities Maintenance Technician – Mechanical: Perform a variety of tasks ranging from routine and unskilled to highly skilled in the mechanical trades including but not limited to electrical, HVAC, plumbing and welding. Positions apply methods and general procedures of applicable trades/maintenance techniques and develop skills in procedures, techniques, tools, materials and/or equipment appropriate to trade. Tasks may include maintenance, repair, placement, fabrication, installation, alteration, construction and design of facility components requiring the application of skills in planning, problem solving, and attention to detail, teamwork, communication and adherence to safety. Positions may be required to possess and maintain required certification, licensure, educational level, RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 13 of 30 and/or experience criteria as applicable to the tasks being performed and follow applicable building codes. Minimum T/E: High school diploma or equivalency; or demonstrated possession of the competencies necessary to perform the work. Some positions may require special licenses or certification. Optional Guidelines: Experience in the trade(s) areas related to the area of assignment may be substituted on a year-for-year basis. Valid driver’s license. Accounting Technician: Maintain, oversee, and report financial accounting data. Positions may also serve as specialists in an area or program requiring specialized fiscal knowledge such as, but not limited to, payroll, contract/grants, or other closely related accounting services. Technical accounting work may include independent responsibility for maintaining accounting records or separate accounts receivable/payable and payroll functions. Positions may include varied responsibilities affecting the fiscal and financial operations of their respective work unit or involvement in a budget process. Positions have delegated responsibility to analyze data for accuracy, to problem solve, and to interpret regulations. Positions may reverse errors. They are accountable for accuracy of entries and reconciliation of data and information. Positions coordinate and/or make recommendations for system changes and may test new processes. Minimum T/E: High school diploma or equivalency and one year of experience in accounting work; or equivalent combination of training and experience. Administrative Support Associate (including Office Assistant): Duties shall include a variety of administrative, secretarial and office support functions. Positions require knowledge of the office or work unit policies and procedures in order to communicate information involving programs, functions and services. Duties performed may include preparation of documents and reports, the use of office technology, compiling records, organizing and maintaining files, posting information, greeting/referring/assisting visitors/clients/staff/others, mail distribution, and photocopying. The completion of work often involves a public contact role to obtain, clarify or provide information regarding activities of the work unit of program. Positions may serve as the primary staff assistant to a department or program manager. Minimum T/E: High school diploma or equivalency; or demonstrated possession of the competencies necessary to perform the work. Administrative Support Specialist: Work requires specialized knowledge in the processing and application of information, documents and/or materials. The majority of time is allocated to tasks that involve several steps and require the selection of the most appropriate action within procedural and operational guidelines. Work requires knowledge of program policies, procedure and information systems in order to communicate and process information. The range of duties include, but is not limited to, verifying data, report writing, summarizing and reconciling information or financial data, records management, claims review and processing, data collection and analysis, research, inventory, personnel administration and fund collection or expenditures. The role is different from the Administrative Support Associate because fewer general office and administrative tasks are performed. Example of the areas of specialization in this class include, but are not limited to, payroll, student services, accounting, medical records, statistical, and personnel. Minimum T/E: High school diploma or equivalency and one year of related office experience; or equivalent combination of training and experience. Executive Assistant: Serve as staff/management assistant to highest-level administrators in an organization that is characterized by operations with multiple and varied programs/components. The role of this position is defined and impacted by the mutual working relationship established with the administrator (“right-hand” to the administrator). These positions serve as the principle personal and administrative support. Public contact is a major component of positions, both internal and external to the organization. Work requires contact with program staff, managers of other units within the organization, representatives of other state agencies/universities, clients, service recipients, elected/appointed RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 14 of 30 representatives, and the public. May coordinate business functions of the unit that include personnel administration, office coordination and budget monitoring or management. Minimum T/E: High school diploma or equivalency and three years of progressively responsible administrative/office management experience; or Associate’s Degree in Secretarial Science, Business Administration, or a related discipline and one year of progressively responsible administrative /office management experience; or Bachelor’s Degree, preferably in Business Administration or a related discipline; or equivalent combination of training and experience. 4.1 CONTRACT TERM The Contract shall have an initial term of three (3) years, beginning on the date of the contract award August 1, 2020 and ending July 31, 2023. At the end of the Contract’s current term, the University shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of three (3) additional one-year term(s). The University will give the Vendor written notice of its intent whether to exercise each option no later than 60 days before the end of the Contract’s then-current term. In addition, the University reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 4.2 PRICING Contractor shall provide a comprehensive detailed pricing matrix of all cost associated with this contract for each area where services are requested. In addition to the cost billable to the University, contractor shall detail hourly pay to employee, and a breakdown of benefits paid to the employee. Cost shall be indicated as cost per hour. Cost shall include all associated cost for administrative, professional, insurance, bonding, workmen’s compensation, expenses etc. 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. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT C: PRICING FORM and include in Proposal. 4.3 INVOICES a) Invoices must be submitted to the following address: UNC Pembroke Accounts Payable Department PO Box 1510 Pembroke NC, 28372 Invoices must also be submitted electronically (on a weekly basis) to: Sara Hunt at sara.hunt@uncp.edu 4.4 PAYMENT TERMS a) The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal. b) The Vendor will be paid net thirty (30) calendar days after the Vendor’s invoice is approved by the University. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 15 of 30 4.5 FINANCIAL STABILITY 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. 4.6 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to - UNC Pembroke. 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. 4.7 REFERENCES Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein. The University shall 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 shall be considered in the evaluation of the proposal. COMPANY NAME CONTACT NAME TELEPHONE NUMBER 4.8 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall 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. 4.9 VENDOR’S REPRESENTATIONS a) 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 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 16 of 30 industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under this Contract. 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). b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the service and deliverables under this 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. c) Vendor warrants 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. 5.0 SCOPE OF WORK Contractor Requirements:  Minimum of five (5) years of successful temporary staff placement in a commercial building maintenance setting.  Maintain a permanent office within 45 miles of the main UNC Pembroke campus.  Must provide direct deposit(no exceptions)  Identify and provide detail of all company personnel dedicated to work with the University.  A national background check is required.  Pre-employment drug testing program is required.  An organized safety program is required.  Contractor shall not prohibit the hiring of temporary staffing beyond a six (6) week placement period  Contractor is prohibited from charging the University for an employee should the employee apply for and become a full time employee of the University. (GS 126-18).  Contractor assumes all responsibility for damage resulting from the actions of its temporary staffing.  Contractor shall ensure that temporary personnel are properly trained for specific task prior to working at the University.  Contractor must maintain a current certificate of insurance for general liability, automotive coverage, and workmen’s compensation over the course of the contract. The Certificate shall reference UNC Pembroke as additional insured. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 17 of 30  UNC Pembroke has a zero tolerance for sexual harassment of any kind. Contractor shall be aware of this policy and inform contractor’s employees and temporary staff personnel of this and the consequences of noncompliance. (Removal of violator, or if issues are not resolved contract cancelation).  The University reserves the right to request immediate removal of any contract employee immediately from university property. In addition the University reserves the right of immediate refusal on any particular employee deemed unsuitable.  Contractor shall provide personnel with identification card, and all PPE suitable for performing task within the position for which they are placed.  The University and Contractor may terminate the contract within 72 hours with cause by providing written notice of the termination. The University or Contractor may terminate the contract without cause with a 30 day written notice. Temporary Personnel Requirements:  Minimum age: 18 years old  US citizenship or I-9 compliance (authorized for work within the U.S.)  Must pass all pre-employment drug testing and criminal background check.  Ability to understand verbal and written instruction in English.  Ability to read, understand, and comply with material data safety sheets.  Must be punctual in attendance with no excessive absences.  Must be mentally and physically attentive at all times.  Must exhibit a positive customer service attitude with integrity while supporting departmental goals.  Must be courteous, helpful, professional, and polite in all contact with faculty, students, and staff.  Must maintain an appropriate neat appearance.  Capable of using a two-way radio and other equipment needed to perform given task, if required for temporary assignment.  Must be capable of the necessary lifting, standing, and walking to perform required task, if required for temporary assignment.  Temporary staffs are prohibited from the possession, sell, use, or transfer of alcohol, or narcotic drugs while employed at the UNC Pembroke campus.  Must comply with the university’s Sexual Harassment policy  Must comply with all campus motor vehicle laws and all university policy.  Must secure, and purchase appropriate parking permits prior to assignment. Service Requirements:  Ability to recruit and provide individuals who are prepared qualified temporary personnel within a relatively short window of time.  A single point of contact with a backup person to ensure: properly trained personnel; pre- employment background check; pre-employment drug testing; communication of affidavit to the designated University HR representative; follow-up on temporary employee’s performance; proper handling of temporary staff time sheets; and complete follow through of accounts receivable to ensure reconciliation in regard to employee’s time sheet and contractor invoicing.  Weekly follow up with customers to ensure expectations are being met.  Quarterly meeting with university representative to ensure contract expectations are being met.  References: provide (5) five references from commercial customer of similar size and structure, preferably in a university setting. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 18 of 30  Provide a detailed portfolio detailing company background and detailed corporate structure of your company.  Provide the location of your local area office. Provide a photo of your office and key staff personnel. State the date opened at this location.  Provide detailed resume of the single point of contact, the backup person, and the account manager you are dedicating to the University for this Proposal.  Provide detailed information of your process for your background check program.  Provide detailed information of your process for your pre-employment drug testing policies.  Provide detailed information of your process for your employee training program.  Provide detailed of your process for your safety program.  Provide a list of certifications and award for safety, customer service excellence, etc.  Provide contracts within the last five years where your company has been terminated early. Detail specific reasons why you were terminated. What steps have been taken to correct these issues?  Provide any instances of litigation resulting from staffing services. Are any of these pending?  Provide your current financial statement.  Provide your current certificate of insurance coverage.  Provide a step by step of your proposal to supply temporary building environmental technicians (housekeepers), grounds service workers, administrative support workers (including executive assistants, cashiers and accounting technicians), related processes.  Describe your service capabilities.  Describe your process to rapidly resolve billing errors.  Detail your ability to provide separate time sheet accounting and invoices for the specified services.  Describe your plan to minimize employee issues such as insubordination, tardiness, poor attendance and suspicious behavior.  Detail your hiring, training, and employee retention plan.  Detail your company’s pre-employment requirements for your employees.  Provide your definition of the term; ‘added value’.  Detail current programs that you have with other customers that represent a value added service that would benefit the University.  Detail why your company represents the best value to the UNC Pembroke campus.  Detail your process to promptly recruit, train, and provide qualified temporary workers upon request.  Detail your safety protocols and how you would supply proper PPE’s for specified temp positions  Note: The University reserves the right to request additional references, visit your area office, and may request an Oral Presentation on behalf of the selection committee. 5.1 PROJECT ORGANIZATION Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP, and identify the responsibilities to be assigned to each person Vendor proposes to staff the work. 5.2 TECHNICAL APPROACH Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 19 of 30 5.3 ACCEPTANCE OF WORK In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the University shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of 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 University shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation 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 University may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 5.4 TRANSITION ASSISTANCE If this Contract is not renewed at the end of this term, or is canceled prior to its expiration, for any reason, Vendor shall provide, at the option of the University, up to 2 months after such end date all such reasonable transition assistance requested by the University, to allow for the expired or canceled portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to the State or its designees. If the State exercises this option, the Parties agree that such transition assistance shall be deemed to be governed by the terms and conditions of this Contract (notwithstanding this expiration or cancellation), except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The State shall pay Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Contract for performance of the services or other resources utilized. 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to the University a project manager. The project manager shall be the University’s point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. 6.2 CONTINUOUS IMPROVEMENT The University encourages the Vendor to identify opportunities to reduce the total cost to the State. A continuous improvement effort consisting of various ideas to enhance business efficiencies will be discussed at the periodic Business Review Meetings. 6.3 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the University’s Contract Lead for resolution. A claim by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall 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 RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 20 of 30 responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.4 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. The remainder of this page is intentionally left blank Attachments to this RFP begin on the next page. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 21 of 30 ATTACHMENT A: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor’s sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: The University reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the University reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the University, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the University. 5. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT A: INSTRUCTIONS TO VENDORS; and (5) Vendor’s Proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration. 8. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following:  All copies of the proposal are printed double sided.  All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30%.  Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non- reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable.  Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. 9. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute §143-48 and Executive Order #150 (1999), the State invites and encourages participation in this procurement process by businesses owned by RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 22 of 30 minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 10. RECIPROCAL PREFERENCE: G.S. §143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. The “Principal Place of Business” is defined as that principal place from which the trade or business of the Vendor is directed or managed. 11. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the University will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. §132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. §132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 12. PROTEST PROCEDURES: When a Vendor wishes to protest a Contract resulting from this solicitation that is awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party’s claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. 13. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. 14. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the University concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the University directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor’s proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this RFP. Vendors not in compliance with this provision may be disqualified, at the option of the University, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 15. TABULATIONS: Proposal tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch. Click on the IPS BIDS icon, click on Search for Bid, enter the proposal number, and then search. Tabulations will normally be available at this web site not later than one working day after the proposal opening. Lengthy or complex tabulations may be summarized, with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 16. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows Vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website http://www.pandc.nc.gov/. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 23 of 30 17. WITHDRAWAL OF PROPOSAL: a Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendor’s letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the University or Division of Purchase and Contract, which issued the RFP. 18. INFORMAL COMMENTS: The University shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the University during the competitive process or after award. The University is bound only by information provided in this RFP and in formal Addenda issued through IPS. 19. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor’s sole responsibility; the University nor the State of North Carolina will not reimburse any Vendor for any costs incurred prior to award. 20. VENDOR’S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 21. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself. 22. INSPECTION AT VENDOR’S SITE: The University/State reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. This Space is Intentionally Left Blank RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 24 of 30 ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 1. PERFORMANCE AND DEFAULT: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive just and equitable compensation for any acceptable work completed on such materials. Notwithstanding, Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of this contract, and the State may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from such breach can be determined. The State reserves the right to require at any time a performance bond or other acceptable alternative performance guarantees from a Vendor without expense to the State. In case of default by the Vendor, the State may procure the goods and services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Vendor under this contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate this contract for cause, and may act to debar the Vendor from doing future business with the State. 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the goods or services offered prior to their delivery, it shall be the responsibility of the Vendor to notify, in writing, the Contract Lead at once, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in this contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a. G.S. §143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G. S. §105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. §105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. b. All agencies participating in this Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c. Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. 5. SITUS: The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 6. GOVERNING LAWS: This Contract is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules. 7. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 25 of 30 by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. 8. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. 9. INTELLECTUAL PROPERTY INDEMNITY: Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or unpatented invention, articles, device or appliance delivered in connection with this contract. 10. ADVERTISING: Vendor agrees not to use the existence of this Contract or the name of the State of North Carolina as part of any commercial advertising or marketing of products or services. A Vendor may inquire whether the State is willing to act as a reference by providing factual information directly to other prospective customers. 11. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency’s internal auditors shall have access to persons and records related to this Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. §143-49(9). 12. ASSIGNMENT: No assignment of the Vendor’s obligations nor the Vendor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the State may: a. Forward the Vendor’s payment check directly to any person or entity designated by the Vendor, and b. Include any person or entity designated by Vendor as a joint payee on the Vendor’s payment check. In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor’s assets. Any purported assignment made in violation of this provision shall be void and a material breach of this Contract. 13. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The Vendor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of Vendor’s employees who are engaged in any work under the Contract. If any work is sub-contracted, the Vendor shall require the sub-Contractor to provide the same coverage for any of his employees engaged in any work under the Contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 26 of 30 c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non- owned vehicles, used in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of this Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor’s liability and obligations under the Contract. 14. GENERAL INDEMNITY: The Vendor shall hold and save the State, 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 Vendor in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of Vendor goods or services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract. 15. INDEPENDENT CONTRACTOR: Vendor 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. Vendor represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such employees shall not be employees of, or have any individual contractual relationship with the State. 16. KEY PERSONNEL: Vendor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the State’s assigned Contract Lead. The individuals designated as key personnel for purposes of this contract are those specified in the RFP and persons identified in Vendor’s proposal. 17. SUBCONTRACTING: Work proposed to be performed under this contract by the Vendor or its employees shall not be subcontracted without prior written approval of the State’s assigned Contract Administrator. Unless otherwise indicated, acceptance of a Vendor’s proposal shall include approval to use the subcontractor(s) that have been specified therein in accordance with paragraph 20 of Attachment A: Instructions to Vendor. 18. TERMINATION FOR CONVENIENCE: The State may terminate this contract at any time by providing ___ days’ notice in writing from the State to the Vendor. In that event, all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the State, become its property. If the contract is terminated by the State as provided in this section, the State shall pay for services satisfactorily completed by the Vendor, less any payment or compensation previously made. 19. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under this contract shall be kept as confidential, used only for the purpose(s) required to perform this contract and not divulged or made available to any individual or organization without the prior written approval of the State. 20. CARE OF PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any property furnished it by the State for use in connection with the performance of this contract or purchased by or for the State for this contract, and Vendor will reimburse the State for loss or damage of such property while in Vendor’s custody. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 27 of 30 21. PROPERTY RIGHTS: All deliverable items and materials produced for or as a result of this contract shall be an become the property of the State, and Vendor hereby assigns all ownership rights in such deliverables, including all intellectual property rights, to the State; provided, however, that as to any preexisting works imbedded in such deliverables, Vendor hereby grants the State a fully-paid, perpetual license to copy, distribute and adapt the preexisting works. 22. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to relocate or outsource any portion of the work to a location outside the United States, or to contract with a subcontractor for the performance of any work, which subcontractor and nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained from the State agency responsible for the contract. Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing services under a State contract to a location outside of the United States. 23. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 24. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any addenda thereto, and the Vendor’s proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 25. AMENDMENTS: This contract may be amended only by a written amendment duly executed by the State and the Vendor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office. 26. WAIVER: The failure to enforce or the waiver by the State of any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance. 27. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 28. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in this contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity that otherwise would be available to the State under applicable law. This Space is Intentionally Left Blank RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 28 of 30 ATTACHMENT C: PRICING RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 29 of 30 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute §143-59.4, the 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 this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. If the Vendor answered “YES” above, Vendor must complete items 1 and 2 below: 1. List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub-Contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub-Contractors that will perform work outside the U.S.: c) Identify all U.S. locations at which performance will occur: This Space is Intentionally Left Blank a) Will any work under this Contract be performed outside the United States? YES NO b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub-Contractors of the Vendor, or other persons performing services under the Contract outside of the United States YES NO NOTE: All Vendor or sub-Contractor 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. RFP Number: 71-Q2020-04 Vendor:_______________________________________ Ver: 6/21/16 Page 30 of 30 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION 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: __________________________ The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. The Vendor is current in all amounts due for payments of federal and state taxes and required employment-related contributions and withholdings. The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract. He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This is a continuing certification and Vendor shall notify the Contract Lead within 15 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 in the space below: ______________________________________________________________________________ Signature Date ______________________________________________________________________________ Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor]

2 W Edenton St, Raleigh, NC 27601, USALocation

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

Country : United StatesState : North Carolina

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