As Needed and Emergency Firewatch, Traffic Control, and Parking Management Services

STATE OF NORTH CAROLINA University of North Carolina at Wilmington Request for Proposal #: 72-PCWP23050 As Needed and Emergency Firewatch, Traffic Control, and Parking Management Services Date of Issue: 03/27/2023 Proposal Opening Date: 05/04/2023 At 2:00 PM ET Direct all inquiries concerning this RFP to: Carol W. Page, MPA, NCCM, CPPO Purchasing Services Email: pagec@uncw.edu Phone: 910-962-3190 Ver: 11/2021 STATE OF NORTH CAROLINA Request for Proposal # 72-PCWP23050 ______________________________________________________ For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page shall be filled out and returned with

your proposal. Failure to do so may subject your proposal to rejection. ___________________________________________________ Vendor Name ______________________________ Vendor eVP# Note: For your proposal to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login Electronic responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 1 Refer ALL Inquiries regarding this RFP to: Carol W. Page, MPA, NCCM, CPPO UNCW Purchasing Services pagec@uncw.edu Request for Proposal #: 72-PCWP23050 Proposals will be publicly opened on 05/04/2023 at 2:00 PM ET Zoom Meeting ID: 049 804 4566 Passcode: yDPx3E Requisition No.: TBD Commodity No. and Description: 80111600 Mgmt. & Bus. Professionals & Admin Services > HR Services EXECUTION In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:  this proposal is submitted competitively and without collusion (G.S. 143-54),  none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and  it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this 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 contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization. By executing this proposal, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the ATTACHMENTS page within this document. Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL: STATE OF NORTH CAROLINA University of North Carolina at Wilmington Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 2 VALIDITY PERIOD Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of University of North Carolina at Wilmington) Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 3 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 5 1.1 CONTRACT TERM .................................................................................................................. 5 2.0 GENERAL INFORMATION ....................................................................................................... 5 2.1 REQUEST FOR PROPOSAL DOCUMENT ............................................................................. 5 2.2 E-PROCUREMENT FEE ......................................................................................................... 5 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 5 2.4 RFP SCHEDULE ..................................................................................................................... 6 2.5 SITE VISIT or PRE-PROPOSAL CONFERENCE ................................................................... 6 2.6 PROPOSAL QUESTIONS ....................................................................................................... 6 2.7 PROPOSAL SUBMITTAL ....................................................................................................... 6 2.8 PROPOSAL CONTENTS ........................................................................................................ 7 2.9 ALTERNATE PROPOSALS .................................................................................................... 7 2.10 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 ................................................................................... 8 3.4 EVALUATION CRITERIA ........................................................................................................ 9 3.5 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................... 9 3.6 INTERPRETATION OF TERMS AND PHRASES .................................................................... 9 4.0 REQUIREMENTS ................................................................................................................... 10 4.1 PRICING ................................................................................................................................ 10 4.2 INVOICES .............................................................................................................................. 10 4.3 FINANCIAL STABILITY ........................................................................................................ 10 4.4 HUB PARTICIPATION .......................................................................................................... 10 4.5 VENDOR EXPERIENCE ........................................................................................................ 10 4.6 REFERENCES ...................................................................................................................... 10 4.7 BACKGROUND CHECKS ..................................................................................................... 11 4.8 PERSONNEL ......................................................................................................................... 11 4.9 VENDOR’S REPRESENTATIONS ........................................................................................ 11 4.10 QUESTIONS TO VENDORS ................................................................................................. 11 4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................. 12 4.12 NC COVID-19 VACCINATION AND TESTING REQUIREMENT ........................................... 12 4.13 FEDERAL COVID-19 VACCINATION REQUIREMENT ........................................................ 12 Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 4 4.14 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS ..................................... 12 5.0 SPECIFICATIONS AND SCOPE OF WORK .......................................................................... 12 5.1 GENERAL ............................................................................................................................. 12 5.2 SPECIFICATIONS ................................................................................................................. 12 5.3 SCOPE OF WORK ................................................................................................................ 13 5.4 PROJECT ORGANIZATION .................................................................................................. 14 5.5 TECHNICAL APPROACH ..................................................................................................... 14 5.6 CERTIFICATION AND SAFETY LABELS ............................................................................. 14 5.7 INFORMATION TECHNOLOGY APPROVALS ..................................................................... 14 6.0 CONTRACT ADMINISTRATION............................................................................................. 14 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 14 6.2 POST AWARD PROJECT REVIEW MEETINGS .................................................................. 14 6.3 CONTINUOUS IMPROVEMENT ............................................................................................ 14 6.4 PERIODIC STATUS REPORTS ............................................................................................ 14 6.5 ACCEPTANCE OF WORK .................................................................................................... 14 6.6 FAITHFUL PERFORMANCE ................................................................................................. 15 6.7 TRANSITION ASSISTANCE ................................................................................................. 15 6.8 DISPUTE RESOLUTION ....................................................................................................... 15 6.9 CONTRACT CHANGES ........................................................................................................ 15 7.0 ATTACHMENTS ..................................................................................................................... 16 ATTACHMENT A: PRICING AND QUESTIONS TO VENDOR .......................................................... 16 ATTACHMENT B: INSTRUCTIONS TO VENDORS .......................................................................... 18 ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS ................................... 18 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION .............................................. 18 ATTACHMENT E: CUSTOMER REFERENCE FORM ....................................................................... 18 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR ........................................... 18 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION ................................................... 18 ATTACHMENT H: FEMA CERTIFICATIONS .................................................................................... 19 EXHIBIT 1 – OVERVIEW OF UNCW FIREWATCH SERVICES ......................................................... 23 Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 5 1.0 PURPOSE AND BACKGROUND In preparation for 2023 Atlantic Hurricane Season, and non-emergency situations as they may arise, the University of North Carolina at Wilmington (UNCW) is seeking proposals from experienced and qualified contractors to furnish Firewatch, Traffic Control, and Parking Management Services on an “as needed basis”. Services could also include, Temporary Debris Management Site (TDMS) monitoring and building entrance monitoring. Prospective Vendors should have extensive experience with qualified personnel especially in university environments and/or during emergency operations and be able to respond quickly when called. Forecast volumes for the amount of business done in a given year are difficult to determine. UNCW cannot commit to any definite funds or volume during the contract period. Vendor understands and agrees that this RFP is being issued based on the potential needs only and that UNCW makes no representation that any services/products may ever be purchased. Vendor further understands and agrees that any cost borne by Vendor which arises from the Vendor’s performance hereunder shall be at the sole risk and responsibility of Vendor. For a detailed map of UNCW main campus- https://uncw.edu/map/. The intent of this solicitation is to award an Agency Contract to multiple Vendors. 1.1 CONTRACT TERM The Contract shall have an initial term of three (3) years, beginning on the date of final Contract execution (the “Effective Date”). In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: The E-Procurement fee does not apply to this solicitation. Section entitled ELECTRONIC PROCUREMENT subsections (d) and (e) of the North Carolina General Terms and Conditions do not apply to this solicitation. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General 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 are also 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 of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an 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 Q and A process or negotiation under 01 NCAC 05B.0503, the State rejects and will not be https://uncw.edu/map/ http://eprocurement.nc.gov/ Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 6 required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). 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. The State may exercise its discretion to consider Vendor proposed modifications. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP State 03/27/2023 Submit Written Questions Vendor 12:00 PM ET 04/10/2023 Provide Response to Questions State 5:00 PM ET 04/18/2023 Submit Proposals Vendor 2:00 PM ET 05/04/2023 Contract Award State TBD Contract Effective Date State TBD 2.5 SITE VISIT or PRE-PROPOSAL CONFERENCE [Reserved] 2.6 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum. Written questions shall be emailed to pagec@uncw.edu by the date and time specified above. Vendors should enter “RFP # __________ Questions” as the subject for the email. Question submittals should include a reference to the applicable RFP section and page number. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP. 2.7 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal or portion thereof received after the proposal deadline will be rejected. [NC BIDS] mailto:pagec@uncw.edu http://www.ips.state.nc.us/ Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 7 If applicable to this RFP and using NC BIDS, all proposal responses shall be submitted electronically via the North Carolina Business Invitation Delivery System (NC BIDS). For additional information, the NC BIDS for Vendors page includes online training videos and a link to NC BIDS FAQs for Vendors. Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to upload proposals. Critical updated information may be included in Addenda to this RFP. It is important that all Vendors responding to this RFP periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. 2.8 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s proposal, in the State’s sole discretion. Vendor RFP responses shall include the following items and attachments, which shall be arranged in the following order: a) Cover Letter, must include a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP. b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP. d) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned. e) Vendor’s Proposal addressing all Specifications of this RFP. f) Completed version of ATTACHMENT A: PRICING g) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION h) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM i) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR j) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION k) Completed and signed version of CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL 2.9 ALTERNATE PROPOSALS Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal #___ [for ‘name of Vendor’]”. Each proposal must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various 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. 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference. The following definitions, acronyms, and abbreviations are also relevant to this RFP: https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 8 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications 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 multiple Vendors, the State reserves the right to make a single award to one Vendors, to not award one or more portions, or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph of the Instructions to Vendors entitled Confidential Information. 3.3 PROPOSAL EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct a One-Step evaluation of Proposals: Proposals will be received according to the method stated in the Proposal Submittal Section above. All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly.name of the Vendor and total cost offered may be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 9 3.4 EVALUATION CRITERIA In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, 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: 1. Pricing 30% 2. Vendor experience and quality of references 35% 3. Plan and approach to service 30% 4. Willingness to accept NC General Terms and Conditions without exception 5% (See section 2.3) The University will determine low cost by normalizing the scores as follows: The proposal with the lowest cost will receive a score of XX. All other competing proposals will be assigned a portion of the maximum score using the formula: the cost of the lowest cost proposal Financial Proposal Points Available (XX) x the cost of the cost proposal being evaluated 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a proposal in its entirety. Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 10 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 to submit these items in the form of a question during the question-and-answer period in accordance with the Proposal Questions Section above. 4.1 PRICING Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s proposal. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract. 4.2 INVOICES Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant: Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED. 4.3 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability. 4.4 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION. 4.5 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State. 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. 4.6 REFERENCES Vendor shall provide at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 11 Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Proposal. 4.7 BACKGROUND CHECKS All Vendor’s employees with University work assignments shall be subject to criminal records check to include Wilmington City Police, UNCW Police, and the law enforcement agency having jurisdiction in the employee's areas of residence if outside New Hanover County, North Carolina. Criminal records checks shall be conducted within ten (10) days prior to intended placement of employees on University property. Thereafter, criminal record checks shall be conducted once every twelve (12) months as long as the employee is assigned to the University. The Vendor shall bear total administrative and financial responsibility for obtaining the above criminal records checks. The Vendor shall provide documentation indicating the results of said check, signed and dated by the appropriate law enforcement authority, to the Associate Director (or designee), before the proposed employee can begin work at the University. 4.8 PERSONNEL Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will 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 If Vendor’s Proposal results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 4.10 QUESTIONS TO VENDORS Vendor shall respond to each of the following questions. Vendors are requested to keep responses concise and relevant and should not include generic marketing materials. Responses will be reviewed as part of the evaluation process. See Attachment A: Pricing and Questions to Vendor Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 12 4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation: ☐ Small Purchases ☒ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00 ☐ Contract value in excess of $1,000,000.00 B. The Purchasing Agency has conducted a risk assessment and determined that certain default coverage provisions in the North Carolina General Terms and Conditions, paragraph entitled Insurance, should be increased from the minimums stated. Increased or additional insurance coverage amounts for this Solicitation are as follows. Coverages not changed here remain as stated in the General Terms and Conditions. a) Employer’s Liability $1,000,000 b) Commercial General Liability $2,000,000 Combined Single Limit c) Automobile $1,000,000 Bodily injury and property damage $1,000,000 Uninsured/under insured motorist $ 2,500 Medical payment 4.12 NC COVID-19 VACCINATION AND TESTING REQUIREMENT [Reserved] 4.13 FEDERAL COVID-19 VACCINATION REQUIREMENT [Reserved] 4.14 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS Federal law prohibits recipients of federal funds, whether through grants, contracts, or cooperative agreements, from using those funds to influence or attempt to influence (lobby) a federal official in connection with obtaining, extending, or modifying any federal contract, grant, loan, or cooperative agreement. Further, federal law requires that applicants for federal funds certify: • that they abide by the above restriction; • that they disclose any permissible (non-federal) paid lobbying on the Federal Awards being applied for; and • that such certification requirements will also be included in any subawards meeting the applicable thresholds. Vendors must complete and submit the CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and the OMB STANDARD FORM LLL when responding to this solicitation. 5.0 SPECIFICATIONS AND SCOPE OF WORK 5.1 GENERAL The purpose of this RFP is to secure contract(s) with Vendors to provide the services detailed below in response to: 1) storm related emergencies, 2) unforeseen pressing needs (such as system failure), and 3) occasional needs as they arise. 5.2 SPECIFICATIONS a) Services canceled due to weather or other force majeure events (see Attachment B, section 26) shall not billed. Other cancelations will be given not less than one day’s notice. Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 13 b) All rates will be billed to the nearest quarter hour (15 minutes). c) The Vendor's personnel shall not carry firearms or other weapons of any kind. d) Vendor's employees shall, at all times when on University property, wear a distinctive uniform bearing the Vendor's company name and/or logo and display on their person in a publicly visible manner a distinctive employee identification badge. The identification badge must be clearly visible from the individual’s uniform. The cost associated with the employees’ identification badges shall remain the responsibility of the Vendor. If the uniform or identification card changes term, Vendor will immediately provide the UNCW Coordinator updated pictures. Vendor’s employees shall be equipped, and trained / instructed in their responsibilities. e) The Vendor shall be responsible for all costs of providing uniforms, hiring, and equipping its personnel and all administrative employment matters including payment of wages and appropriate tax withholdings. f) The Vendor shall provide adequate training to its personnel. All personnel shall be knowledgeable of the UNCW campus, and the traffic and parking plans if applicable. Except as provided herein, personnel must be able to perform their duties in a quality manner without additional training from the University. g) Vendor shall possess and maintain any and all required North Carolina licenses and registrations as to be in compliance with North Carolina State Statue 74C: Private Protection Services. For complete understanding review www.ncga.state.nc.us/gascripts/statutes/statutestoc.pl. h) 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 as stipulated in above in section 4.11 5.3 SCOPE OF WORK VENDOR WILL PROVIDE THE FOLLOWING: a) As-needed licensed and trained personnel with experience in traffic and parking control and direction, Temporary Debris Management Site (TDMS) monitoring and fire watch monitoring (see Exhibit 1) as requested by the University. Services are to include assisting UNCW Police Department, Parking, Traffic, and Transportation Office, and Department of Environment, Health & Safety in managing traffic and parking, and assisting with building access control. b) Check-in with the UNCW Coordinator as scheduled for any special instructions. All attendants and supervisors shall work the hours specified by the UNCW Coordinator in order to accomplish proper implementation of the University’s parking plans. This shall include equipment set-up and removal, traffic ingress, and traffic egress. c) The Vendor’s personnel shall report immediately all suspicious activity, unusual behavior, and/or disturbances to the UNCW Police Department. The UNCW Coordinator shall also be notified. The Vendor’s personnel shall assist but not interfere. d) Provide assistance to UNCW Police Department and/or EMS personnel as required. e) The Vendor’s personnel shall assist in any manner necessary in the evacuation of persons from the area in case of fire or disaster. f) The Vendor shall be responsible for the supervision of all his/her staff. This includes ensuring adherence to the University policy pursuant to Emergency Operations, meal breaks, rest breaks, and other supervisory related duties. The University shall have the option of requesting the replacement of and / or exclusion from campus operations of any employee who, in the University’s opinion, has failed to conduct themselves in a professional manner. g) OPTIONAL SERVICES : If requested, the Vendor shall provide and deploy NC DOT approved reflective striped road barricades (about 24) and traffic cones (about 200). RESPONSIBILITIES OF THE UNIVERSITY: a) The University hereby agrees to work directly with the Vendor during the term of the contract to assure that each new employee completes the appropriate familiarization training required for new employees. b) The University agrees that the vendor’s personnel is responsible only for the proper implementation of the traffic control and/or parking plan and not for the maintenance of public safety or enforcement of any laws or University regulations outside the scope of these plans. c) The UNCW Police Department will conduct training no less than on a quarterly basis. http://www.ncga.state.nc.us/gascripts/statutes/statutestoc.pl Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 14 d) In January of 2023, and every January thereafter, an escalation in cost the per hour shall be allowed, based on the annual percentage posted in the U.S. Bureau of Labor and Statics’ Consumer Price Index (CPI-U) calculator located at: https://www.bls.gov/data/inflation_calculator.htm for the preceding June to June period. In the event of deflation (a negative number), no adjustment will be made. 5.4 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. 5.5 TECHNICAL APPROACH [Reserved] 5.6 CERTIFICATION AND SAFETY LABELS [Reserved] 5.7 INFORMATION TECHNOLOGY APPROVALS [Reserved] 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes. 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a project manager. The project manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service. 6.2 POST AWARD PROJECT REVIEW MEETINGS The Vendor, at the request of the State, shall be required to meet as requested by with the State for Project Review meetings. The purpose of these meetings will be to review project progress reports, discuss Vendor and State performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics. 6.3 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consists of various ways to enhance business efficiencies as performance progresses. 6.4 PERIODIC STATUS REPORTS The Vendor shall be required to provide Management Reports to the designated Contract Lead if requested. This report shall include, at a minimum, information concerning the work accomplished during the reporting period; work to be accomplished during the subsequent reporting period; problems, real or anticipated, and notification of any significant deviation from previously agreed upon work plans and schedules. These reports shall be well organized and easy to read. The Vendor shall submit these reports electronically using Microsoft Excel and as needed either Microsoft PowerPoint or Microsoft Word or as otherwise requested by the State. The Vendor shall submit the reports in a timely manner and on a regular schedule as agreed by the parties. 6.5 ACCEPTANCE OF WORK Performance of the work and/or delivery of Goods shall be conducted and completed at least in accordance with the Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 15 Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator. Acceptance of Vendor’s work product shall be based on the following criteria: Successful and satisfactory service performed in the manner described herein, on time, and with trained staff in the quantity required, and properly invoiced at the contracted rate(s) The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina. 6.6 FAITHFUL PERFORMANCE Any Contract may include terms ensuring a Vendor's performance such as: (1) a bond, or similar assurance; (2) liquidated damages; (3) a percentage of the Contract value held as a retainage; (4) withholding final payment contingent on acceptance of the final deliverable; and (5) any other provision that assures performance of the Vendor. The parties agree that the Vendor shall be subject to the following faithful performance requirements: Liquidated damages in the amount of actual cost. 6.7 TRANSITION ASSISTANCE If a Contract results from this solicitation, and the Contract is not renewed at the end of the last active term, or is canceled prior to its expiration, for any reason, Vendor shall provide transition assistance to the State, at the option of the State, for up to three (3) months 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 governed by the terms and conditions of the 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 agree to 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. 6.8 DISPUTE RESOLUTION During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.9 CONTRACT CHANGES Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 16 7.0 ATTACHMENTS **IMPORTANT NOTICE** RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT ATTACHMENT A: PRICING AND QUESTIONS TO VENDOR Complete and return the Pricing associated with this RFP, in the table below: By submitting this proposal, the potential Vendor certifies the following: • Execution (page 1) is signed by an authorized representative of the firm. • Vendor can obtain insurance certificates as required within 10 calendar days after notice of award. • The cost and availability of all equipment, materials, and supplies associated with performing the services described herein have been determined and included in the proposed cost. • All labor costs, direct and indirect, have been determined and included in the proposed cost. • The potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions. Any exceptions must be submitted in advance in accordance with section 2.3 above. • The offeror is registered in NC Dept. of Administration Purchase and Contract IPS system or agrees to register within two days after notification of contract award. 1. PRICING (30%): Table 1 : Cost per Hour (billed to the nearest quarter hour; additional pages may be added) Description Straight -Time Billing Rate Over-Time Billing Rate Holiday Billing Rate Comments: Staff $ $ $ Supervisor Manager TDMS Monitoring Firewatch Optional Services: Provide Barricades and Cones Definition of Straight-Time: _________________________________________________ Definition of Over-Time: ____________________________________________________ In January of 2023, and every January thereafter, an escalation in cost the per hour shall be allowed, based on the annual percentage posted in the U.S. Bureau of Labor and Statics’ Consumer Price Index (CPI-U) calculator located at: https://www.bls.gov/data/inflation_calculator.htm for the preceding June to June period. In the event of deflation (a negative number), no adjustment will be made. Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 17 2. QUESTIONS TO VENDOR Vendor shall answer each of the following questions. Vendors are requested to keep responses straightforward and to the point and should not include generic marketing materials. Responses will be reviewed as part of the evaluation process. Additional pages may be added. A. QUESTIONS: VENDOR EXPERIENCE AND REFERENCES (35%): i. Describe the Vendor’s experience providing services described herein. Of particular interest is work done for higher education institutions of similar size or larger and work done in response to hurricanes or other natural disasters. ii. Provide biographies of the senior personnel who will be assigned to the UNCW account. iii. Provide examples how your company was able to meet client needs before/during/after a large storm or other significant emergency. B. QUESTIONS: PLAN AND APPROACH TO SERVICES (30%): i. Describe Vendor’s plan for providing additional staff, if the University requests. ii. Describe Vendor’s plan for providing coverage during staff breaks (i.e., lunch, dinner, and restroom). iii. Describe Vendor’s plan that ensure coverage is provided even if originally scheduled staff member calls out sick at the last minute. iv. Describe the Vendor’s approach to recruiting qualified staff. v. Describe Proposer’s plan to ensure enough personnel are certified and trained to support the University when staff resign, quit, or are relieved of duty. vi. Provide a photograph of the staff uniform and image of identification card. C. QUESTIONS: VENDOR EXPERIENCE AND REFERENCES (5%): i. Vendor affirms its acceptance that to NC General Terms and Conditions will govern any contract awarded and without exception. [Continued Next Page] Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 18 ATTACHMENT B: INSTRUCTIONS TO VENDORS The Instructions to Vendors, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION Complete and return the Historically Underutilized Businesses (HUB) Vendor Information form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf ATTACHMENT E: CUSTOMER REFERENCE FORM Complete and return the Customer Reference Form, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer_Reference_Template_09.2021.pdf ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR Complete and return the Location of Workers Utilized by Vendor, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION Complete, sign, and return the Certification of Financial Condition, which can be found at the following link: https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf [Continued Next Page] https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-Instructions-to-Vendors_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_11.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_HUB-Supplemental-Vendor-Information_9.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Customer_Reference_Template_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Location-of-Workers_09.2021.pdf https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_Certification-of-Financial-Condition_09.2021.pdf Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 19 ATTACHMENT H: FEMA CERTIFICATIONS ADDENDUM FOR CONTRACT FUNDED BY FEMA The following certifications and provisions are required and apply when University of North Carolina at Wilmington (UNCW) expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to the Contract between the UNCW and Troxell Communications, Inc. in all situations where Vendor has been paid or will be paid with federal funds: REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when UNCW expends federal funds, UNCW reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (B) Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when UNCW expends federal funds, UNCW reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. UNCW also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if UNCW believes, in its sole discretion that it is in the best interest of UNCW to do so. Vendor will be compensated for work performed and accepted and goods accepted by UNCW as of the termination date if the contract is terminated for convenience of UNCW. Any award under this procurement process is not exclusive and UNCW reserves the right to purchase goods and services from other vendors when it is in UNCW’s best interest. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when UNCW expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does Vendor agree to abide by the above? YES ________ Initials of Authorized Representative of Vendor (D) Intentionally Deleted (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when UNCW expends federal funds, Vendor certifies that Vendor will be in compliance with all Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 20 applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by UNCW resulting from this procurement process. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by UNCW, Vendor certifies that during the term of an award for all contracts by UNCW resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to Federal Rule (G) above, when federal funds are expended by UNCW, Vendor certifies that during the term of an award for all contracts by UNCW resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rule (H) above, when federal funds are expended by UNCW, Vendor certifies that during the term of an award for all contracts by UNCW resulting from this procurement process, Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by UNCW, Vendor certifies that during the term and after the awarded term of an award for all contracts by UNCW resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub- awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 21 accordingly. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (J) Procurement of Recovered Materials – When federal funds are expended, UNCW and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to Federal Rule (J) above, when federal funds are expended by the District, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies, by signing this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements. Does vendor agree? YES ________ Initials of Authorized Representative of vendor RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by UNCW for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further certifies that it will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When UNCW expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF EQUAL EMPLOYMENT STATEMENT It is the policy of UNCW not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS UNCW has a preference for domestic end products for supplies acquired for use in the United States when spending federal funds (purchases that are made with non-federal funds or grants are excluded from the Buy America Act). Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Vendor agrees that the District’s Inspector General or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 22 interview and discussion relating to such documents. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT VENDOR CERTIFIES COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED ABOVE. Vendor’s Name: _______________________________________________________________________________________ Address, City, State, and Zip Code: ________________________________________________________________________ Phone Number: ____________________________________ Fax Number: ____________________________________ Printed Name and Title of Authorized Representative: __________________________________________________________ Email Address: ________________________________________________________________________________________ Signature of Authorized Representative: _____________________________________________________________________ Date: ___________________________ *** Failure to Return the Required Attachments May Eliminate Your Response from Further Consideration *** [Continued Next Page] Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 23 EXHIBIT 1 – OVERVIEW OF UNCW FIREWATCH SERVICES University of North Carolina Wilmington Emergency Management Section of Environmental Health & Safety Fire Watch Instructions The primary role of the fire watch personnel is to serve as a temporary “human smoke detector” and to notify building occupants at the first sign of smoke or fire. All fire watch personnel shall be equipped with a means to notify the Emergency Services (911) that smoke and/or fire has been detected. The person(s) assigned to a fire watch shall have the sole responsibility of performing fire watch duties. Performing a Fire Watch • Conduct a continuous patrol of all designated areas every 30 minutes. • If facility has bedrooms, designated areas should be patrolled every *15 minutes. • Look for observable signs of smoke, fire and hazardous conditions. • Enter all stairwells – open doors and look into each stairwell. • Enter all common areas (workrooms, laundries, dining areas, lounges, etc.) • Complete rounding log noting any abnormalities. At the first sign of smoke or fire, the fire watch personnel shall: • Pull the nearest fire alarm pull station (if operational). • If the fire alarm horns are non-operational, use air horn to notify the building occupants. • Do not put yourself at risk: If you suspect smoke and/or fire, exit the building and dial 911. • After 911 has been notified, notify University Police (UPD) at 910-962-2222 and • Environmental Health and Safety (EH&S): (only need to notify one) o David Todd (primary) 910-279-7587 or o Jeff Campbell (secondary) 304-615-0795 I have read the above Fire Watch Instructions regarding conducting a Fire Watch and understand that I am responsible for following these instructions and patrolling all designated areas at the designated frequency unless otherwise specified. Name (print): ______________________________________ Signature: __________________________________ Phone or Radio Call: _____________________________ Date: ____________________ Proposal Number: 72-PCWP23050 Vendor: __________________________________________ Ver: 11/2021 24 FIRE WATCH INSPECTION LOG – MUST BE COMPLETED EVERY *15 - 30 MINUTES LOCATION (BUILDING OR ROOM NUMBERS): DATE: COMPLETED BY: TIME SYSTEM(S) OFFLINE: TIME SYSTEM(S) RESTRORED: REMEMBER- IMMEDIATELY BEGIN EVACUATING THE BUILDING IF FIRE, SMOKE, OR A LIFE- THREATENING HAZARD IS FOUND HAVE SOMEONE DIAL 9-1-1 FROM OUTSIDE THE BUILDING Time Hazards Found Y/N Description of Non-Life- Threatening Hazard Found Initials Hazards Yes No Hazards Yes No Hazards Yes No Hazards Yes No Hazards Yes No Hazards Yes No Hazards Yes No [Additional rows are added to form to accommodate duration of assignment]