Branding Services NWACC Design & Brand Examples

REQUEST FOR PROPOSAL (RFP) BID SOLICITATION DOCUMENT SOLICITATION INFORMATION Bid Number: RFP-24-004 Solicitation issued: November 30, 2023 Description: Branding Services Agency: Northwest Arkansas Community College (NWACC) SUBMISSION DEADLINE FOR RESPONSE Bid Opening Date: December 19, 2023 Bid Opening Time: 10:00 A.M., Central Time Proposals shall not be accepted after the designated bid opening date and time. In accordance with Arkansas Procurement Law and Rules, it is the responsibility of Vendors to submit proposals at the designated location on or before the bid opening date and time. Proposals received after the designated bid opening date and time shall be considered late and shall be returned to the Vendor without further review. DELIVERY OF RESPONSE DOCUMENTS Delivery Address: Northwest Arkansas Community College Purchasing Department, Attn: Karen Walls Burns Hall Room 1128.7 One College Drive Bentonville, AR 72712 Proposal’s Outer Packaging: Outer packaging must be sealed

and should be properly marked with the following information. If outer packaging of proposal submission is not properly marked, the package may be opened for bid identification purposes. • Bid Number • Date & Time of Bid Opening • Vendor’s Name & Return Address Proposed Timetable of Activities November 30, 2023 Solicitation Issued December 8, 2023 Last Day for written questions December 13, 2023 Answers Posted December 19, 2023 Bid Opening April 15, 2024 Brand Services Complete Bid Solicitation Document Bid No. RFP-24-004 Page 2 of 21 SECTION 1 - GENERAL INSTRUCTIONS AND INFORMATION • Do not provide responses to items in this section unless specifically and expressly required. 1.1 INTRODUCTION This is a Request for Proposal (RFP) issued by Northwest Arkansas Community College (hereinafter referred to as “NWACC”) seeking proposals from experienced and qualified branding services (hereinafter referred to as “Consultant”). NWACC is a comprehensive community college with its main campus and Brightwater culinary school in Bentonville, Arkansas located in Benton County. It also operates a location in nearby Springdale, Arkansas in Washington County. Mission - Empower Lives, Inspire Learning and Strengthen Community, through Accessible, Affordable, Quality Education. Vision Positively changing the lives of those we serve. To positively change the lives of those we serve means significantly impacting the college’s many stakeholder communities — students, taxpayers, community members, businesses and industry, etc. 1.2 Scope of Work • To research existing perceptions and brand awareness of the college among key constituencies. • To analyze market research to develop a brand strategy, platform and positioning that speaks to the unique story of NWACC and drives enrollment growth for the college. • To design creative elements of the brand repositioning strategy, in close collaboration with NWACC Marketing and Public Relations staff, for use across multiple communications platforms including, but not limited to, digital, web, and print mediums. • To review academic and athletic logos and tighten or revise college visual identity in order to be consistent with NWACC’s brand. 1.2 PURPOSE NorthWest Arkansas Community College (NWACC) issues this Request for Proposal (RFP) to obtain bids for Branding Services 1.3 TYPE OF CONTRACT A. A Term contract may be awarded to a single supplier. The anticipated starting date for the contract is December 21, 2023 with completion by April 15,2024 1.4 BID OPENING LOCATION Responses submitted by the opening time and date shall be opened at the following location: NorthWest Arkansas Community College One College Drive, Burns Hall, Room # 1128.7 Bentonville, AR 72712 10:00 AM Central Standard Time 1.5 CONTACT Please submit all questions about this RFP by email to: Bid Solicitation Document Bid No. RFP-24-004 Page 3 of 21 Karen Walls One College Drive, Burns Hall, Room 1128.7 Bentonville, AR 72712 Reference RFP-24-004 Email: kwalls2@nwacc.edu 1.6 DEFINITION OF REQUIREMENT A. The words “must” and “shall” signify a requirement of this solicitation and that vendor’s agreement to and compliance with that item is mandatory. B. Exceptions taken to any mandatory requirement in this Bid Solicitation, whether submitted in the vendor’s response or in subsequent correspondence, shall cause the vendor’s response to be disqualified. 1.7 DEFINITION OF TERMS A. The State Procurement Official has made every effort to use industry-accepted terminology in this Bid Solicitation and will attempt to further clarify any point of an item in question as indicated in Clarification of Bid Solicitation. B. The words “bidder” and “vendor” are used synonymously in this document. C. The words “The State”, “Agency”, and “NWACC” are used synonymously in this document. D. The terms “Request for Proposal”, “RFP” and “Bid Solicitation” are used synonymously in this document. E. The term “OSP” refers to the “Office of State Procurement” with the State of Arkansas. 1.8 RESPONSE DOCUMENTS A. Original Response Packet 1. The original Response Packet must be submitted on or before the bid opening date and time. 2. The Response Packet should be clearly marked “Original” and must include the following: a. Original signed Response Signature Page. (See Response Signature Page.) b. Other documents and/or information as may be expressly required in this Bid Solicitation. c. EO 98-04 Disclosure Form. (See Standard Terms and Conditions.) d. Copy of Vendor’s Equal Opportunity Policy. (See Equal Opportunity Policy.) e. Prohibition of Employment of Illegal Immigrants. B. Additional Copies of the Response Packet In addition to the original Response Packet, the following items should be submitted: a. One (1) flash drive with a copy of the Response Packet. b. All additional hard copies and electronic copies must be identical to the original hard copy. In case of a discrepancy, the original hard copy shall govern. 1.9 ORGANIZATION OF RESPONSE DOCUMENTS A. It is strongly recommended that vendors adhere to the following format and suggestions when preparing their Response. • Response Signature Page. (See Appendix) • Signed Addenda, if applicable. mailto:kwalls2@nwacc.edu Bid Solicitation Document Bid No. RFP-24-004 Page 4 of 21 • E.O. 98-04 – Contract Grant and Disclosure Form. (See Appendix) • Equal Opportunity Policy. • Other documents and/or information as may be expressly required in this Bid Solicitation. Label documents and/or information to reference the Bid Solicitation’s item number. 1.10 CLARIFICATION OF BID SOLICITATION A. Any questions requesting clarification of information contained in this Bid Solicitation must be submitted in writing via email by 10:00 a.m., Central Time on or before December 8, 2023 to the individual listed in section 1.4 Contact, of this Bid Solicitation. 1. For each question submitted, vendor should reference the specific solicitation item number to which the question refers. 2. Vendors’ written questions will be consolidated, and NWACC’s written response is anticipated to be posted to the NWACC website by the close of business on December 13, 2023. B. Vendors may contact NWACC with non-substantive questions at any time prior to the bid opening. C. Oral statements by agents of NWACC shall not be part of any contract resulting from this solicitation and may not reasonably be relied on by any vendor as an aid to interpretation unless it is reduced to writing and expressly adopted by NWACC. 1.11 RESPONSE SIGNATURE PAGE A. An official authorized to bind the vendor(s) to a resultant contract must sign the Response Signature Page included in this Bid Solicitation, located in appendix. 1.11 PRICING Pricing will be a weighted part of the overall scores given to each submitted proposal. Pricing should be packaged separately from the consulting proposal. 1.12 PRIME CONTRACTOR RESPONSIBILITY A. A single vendor must be identified as the prime contractor. B. The prime contractor shall be responsible for the contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof. 2 PROPRIETARY INFORMATION A. Submission documents pertaining to this Bid Solicitation become the property of the State and are subject to the Arkansas Freedom of Information Act (FOIA). 3 CAUTION TO VENDORS A. Prior to any contract award, all communication concerning this Bid Solicitation must be addressed through NWACC. B. Vendor must not alter any language in any solicitation document provided by NWACC. C. All official documents and correspondence related to this solicitation shall be included as part of the resultant contract. D. Responses must be submitted only in the English language. E. The State shall have the right to award or not award a contract, if it is in the best interest of the State to do so. F. Vendor must provide clarification of any information in their response documents as requested by NWACC. 4 REQUIREMENT OF ADDENDUM A. This Bid Solicitation shall be modified only by an addendum written and authorized by NWACC. Bid Solicitation Document Bid No. RFP-24-004 Page 5 of 21 B. An addendum posted within three (3) calendar days prior to the bid opening may extend the bid opening and may or may not include changes to the Bid Solicitation. C. Vendor shall be responsible for checking the NWACC website, http://www.nwacc.edu/administrativeservices/purchasing/bids.aspx 5 NEGOTIATION AND AWARD PROCESS A. Negotiations 1. If the agency so chooses, it shall also have the right to enter discussions with the highest-ranking vendor to further define contractual details. All negotiations shall be conducted at the sole discretion of NWACC. NWACC shall solely determine the items to be negotiated. 2. If negotiations fail to result in a contract, NWACC may begin the negotiation process with the next highest-ranking vendor. The negotiation process may be repeated until an anticipated successful vendor has been determined, or until such time NWACC decides not to move forward with an award. B. Anticipation to Award Once an anticipated successful vendor has been determined, the anticipated award will be posted on the NWACC website at http://www.nwacc.edu/administrativeservices/purchasing/bids.aspx 1. The anticipated award will be posted for at least a period of three (3) days prior to the issuance of a contract. Vendors and agencies are cautioned that these are preliminary results only, and a contract will not be issued prior to the end of the three-day posting period. 2. NWACC shall have the right to waive the policy of Anticipation to Award when it is in the best interest of the State. 3. It is the vendor’s responsibility to check the NWACC website for the posting of an anticipated award. 6 MINORTY & CERTIFIED WOMEN-OWNED BUSINESS POLICY A. Minority is defined by Arkansas Code Annotated § 15-4-303 as a lawful permanent resident of this State who is: • African American • American Indian • Asian American • Hispanic American • Pacific Islander American • A Service Disabled Veterans as designated by the United States Department of Veteran Affairs B. Women-owned business is defined by Arkansas Code Annotated § 15-4-303 (9) as a business that is at least fifty-one percent (51%) owned by one or more women who are lawful permanent residents of the state of Arkansas. C. The Arkansas Economic Development Commission conducts a certification process for minority businesses and disabled veterans. The vendor’s Certification Number should be included on the vendor’s Response Signature Page. 7 EQUAL OPPORTUNITY POLICY A. In compliance with Arkansas Code Annotated § 19-11-104, NWACC is required to have a copy of the vendor’s Equal Opportunity (EO) Policy prior to issuing a contract award. B. EO Policies may be submitted in electronic format to the following email address: eeopolicy.osp@dfa.arkansas.gov, but should also be included as a hardcopy accompanying the solicitation response. C. Vendors are responsible for providing updates or changes to their respective policies, and for supplying EO Policies upon request to other State agencies that must also comply with this statute. D. Vendors who are not required by law by to have an EO Policy must submit a written statement to that effect. http://www.nwacc.edu/administrativeservices/purchasing/bids.aspx http://www.nwacc.edu/administrativeservices/purchasing/bids.aspx mailto:eeopolicy.osp@dfa.state.ar.us Bid Solicitation Document Bid No. RFP-24-004 Page 6 of 21 8 PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS A. Pursuant to Arkansas Code Annotated § 19-11-105, prior to the award of a contract, selected vendor(s) must have a current certification on file with OSP stating that they do not employ or contract with illegal immigrants. B. It is the vendor’s responsibility to make sure their certification has not expired and is on file. The vendor must provide a copy of their certification to NWACC before a contract will be awarded. 9 PAST PERFORMANCE In accordance with provisions of State Procurement Law, specifically OSP Rule R5:19-11-230(b) (1), a vendor's past performance with the State may be used to determine if the vendor is “responsible”. Responses submitted by vendors determined to be non-responsible shall be disqualified. 10 PUBLICITY A. Vendor shall not issue a news release pertaining to this Bid Solicitation or any portion of the project without NWACC’s prior written approval. B. Failure to comply with this Requirement shall be cause for a vendor’s response to be disqualified. 11 RESERVATION NWACC shall not pay costs incurred in the preparation of a response. Bid Solicitation Document Bid No. RFP-24-004 Page 7 of 21 SECTION 2 – MINIMUM REQUIREMENTS • Do not provide responses to items in this section unless specifically and expressly required. 2.1 SCOPE OF WORK NWACC seeks proposals from qualified firms to provide a Branding Services • To research existing perceptions and brand awareness of the college among key constituencies. • To analyze market research to develop a brand strategy, platform and positioning that speaks to the unique story of NWACC and drives enrollment growth for the college. • To design creative elements of the brand repositioning strategy, in close collaboration with NWACC Marketing and Public Relations staff, for use across multiple communications platforms including, but not limited to, digital, web, and print mediums. • To review academic and athletic logos and tighten or revise college visual identity in order to be consistent with NWACC’s brand. A. REQUIRIED MINIMUM SPECIFICATIONS 2.2 SCOPE OF SERVICES TO BE PROVIDED 1. Research a. Quantitative research exploring awareness of NWACC and its programs among key constituencies. b. Qualitative research to determine perceptions regarding NWACC and its programs and offerings among target audiences locally, regionally, and nationally. This should include on-site visits with students, faculty, staff, and alumni in Northwest Arkansas. c. Study and review existing college branding in order to better understand the institution. d. Study and review existing college branding in order to better understand the institution. 2. Brand Strategy, Positioning, Messaging, and Identity a. Approved brand strategy, including brand guide. Strategy should include positioning, personality, promise, differentiation, and value proposition that is unique to NWACC. b. In close consultation with the Marketing and Public Relations team, develop creative elements of the brand strategy and examples of implementation (should address relationships between brands, naming conventions, and service/program entities at the college). c. Brand training for key campus communicators. d. Ongoing consulting services as required to implement brand positioning strategy. e. Review and make recommendations regarding the college visual identity to include both academic and athletic/spirit marks. As needed tighten or revise college marks to be consistent with NWACC branding. A. Additional Services (The College MAY engage the successful individual Consultant or firm in related additional services. A. Added Value NWACC is interested in maximizing the value of expenditures as it relates to achieving additional value that would further benefit NWACC and its operation, as well as its community of citizens and their tax-based funding. As such, respondents are encouraged to consider, develop and propose added value concepts, programs, components the like that would further enhance the proposed acquisition represented in this solicitation request. B. Criteria here 1. Overall Product Offering - Scope of Work and Services deliverables and understanding. 2. Consultation Support & Assistance – qualifications and dedicated representatives or team 3. Cost – Implementation and Ongoing fees 4. Experience with similar sized colleges and institutions of higher education 2.3 ETHICAL STANDARDS Bid Solicitation Document Bid No. RFP-24-004 Page 8 of 21 In accordance with Ark. Code Ann. § 19-11-708(a), (b), and (c): It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business. SECTION 3 – CRITERIA FOR SELECTION • Do not provide responses to items in this section. 3.1 RESPONSE PACKET A. NWACC will review each Response Packet to verify submission Requirements have been met. Response Packets that do not meet submission Requirements shall be disqualified and shall not be evaluated. 3.2 PROPOSAL EVALUATION (100 Points Max) Criteria for Scoring – Points Criteria #1 Overall Product Offering - Scope of Work and Services deliverables and understanding 25 Criteria #2 Consultation Support & Assistance – qualifications, and dedicated representatives or team. 15 Criteria #3 Cost – Implementation and Ongoing fees 50 Criteria #4 Experience with similar sized colleges and institutions of Higher Ed 10 Total 100 3.3 COST (50 Points) Points shall be assigned for the cost of the services which comprise the overall proposed solution, as follows: • Cost points will be assigned on the Total Project Cost reflected on the Summary Presentation schedule of the Cost Proposal, for comparison and evaluation purposes. • The bid with the lowest estimated cost of the overall system will receive the maximum points possible for this section. • Remaining bids will receive points in accordance with the following formula: (a/b)(c) = d a = lowest cost bid in dollars b = second (third, fourth, etc.) lowest cost bid c = maximum points for Cost category - 50 d = number of points allocated to bid The evaluation committee may select a Consultant from these submissions, or conduct an in-person interview with the top 3 selected Consultants from the initial offerings. In the event of a second stage, the selection committee will notify the selected Consultant of interview dates and times. This notification shall include the interview evaluation criteria. 3.4 BEST AND FINAL OFFER NWACC reserves the right to request an official “Best and Final Offer” from Respondents if it deems such an approach in the best interest of NWACC. In general, the “Best and Final Offer” will consist of an updated cost proposal in addition to an opportunity for the vendor to submit a final response to specific questions or opportunities identified in subsequent discussions related to the original proposal response submitted to NWACC. If NWACC chooses to invoke a “Best and Final Offer” option, all responses will be re-evaluated by incorporating the information as requested in the official “Best and Final Offer” document, including costs and answers to specific questions presented in the document. Bid Solicitation Document Bid No. RFP-24-004 Page 9 of 21 The specific format for the official “Best and Final Offer” request will be determined during evaluation discussions. The official request for a “Best and Final Offer” will be issued by the NWACC Procurement Department. 3.5 SUMMARY & EXPERIENCE This section will include details of the respondent’s background, size, and resources as well as details of experience relevant to the proposed project. Please detail the respondent’s familiarity and proven experience with this type of contract and demonstrated ability to serve NWACC’s needs for services associated with these activities. 3.6 REFERENCES Please provide references of at least three (3) current customers that you provide services which are compatable to NWACC. Please list contact names, email addresses, and telephone numbers. Recommendations and references must be parties who can attest to the respondent’s qualifications relevant to providing the services outlined in the Request for Proposals. Organization or professional recommendations and references must be submitted; personal recommendations and references will not be accepted. Recommendations and references may be verified. NWACC will give attention and consideration to the innovation in the responses that come back and it shall be part of our selection criteria. Bid Solicitation Document Bid No. RFP-24-004 Page 10 of 21 SECTION 4 – general contractual REQUIREMENTS • Do not provide responses to items in this section. 4.1 PAYMENT AND INVOICE PROVISIONS A. Invoicing procedures shall be agreed upon with the winning bidder. B. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of goods and services by the agency. C. NWACC shall not be invoiced in advance of delivery and acceptance of any goods or services. D. Payment will be made only after the vendor has successfully satisfied the agency as to the reliability and effectiveness of the goods or services purchased as a whole. E. The vendor should invoice the agency by an itemized list of charges. The agency’s Purchase Order Number and/or the Contract Number should be referenced on each invoice. F. Other sections of this Bid Solicitation may contain additional Requirements for invoicing. 4.2 GENERAL INFORMATION A. The State shall not contract with another party to indemnify and defend that party for any liability and damages. B. The State shall not pay damages, legal expenses, or other costs and expenses of any other party. C. Any litigation involving the State must take place in Benton County, Arkansas. D. The State shall not agree to any provision of a contract which violates the laws or constitution of the State of Arkansas. E. The State shall not enter a contract which grants to another party any remedies other than the following: • The right to possession. • The right to accrued payments. • The right to expenses of reinstallation. Appendix 1 NWACC Brand Guide and Brand Examples https://www.nwacc.edu/internal/nwacc-design-brand-examples.pdf Also posted on the NWACC Bid Website https://www.nwacc.edu/internal/nwacc-design-brand-examples.pdf Bid Solicitation Document Bid No. RFP-24-004 Page 11 of 21 • The right to expenses of repair to return the equipment to normal working order, normal wear and tear excluded. • The right to recover only amounts due at the time of repossession and any unamortized nonrecurring cost as allowed by Arkansas Law. F. The laws of the State of Arkansas shall govern this contract. G. A contract shall not be effective prior to award being made by a State Procurement Official. H. In a contract with another party, the State will accept the risk of loss of the equipment and pay for any destruction, loss or damage of the equipment while the State has such risk, when: • The extent of liability for such risk is based upon the purchase price of the equipment at the time of any loss, and • The contract has required the State to carry insurance for such risk. • 4.3 CONDITIONS OF CONTRACT A. The vendor shall at all times observe and comply with federal and State of Arkansas laws, local laws, ordinances, orders, and regulations existing at the time of, or enacted subsequent to the execution of a resulting contract which in any manner affect the completion of the work. B. The vendor shall indemnify and save harmless the agency and all its officers, representatives, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor of the vendor. 4.4 STATEMENT OF LIABILITY A. The State will demonstrate reasonable care but will not be liable in the event of loss, destruction or theft of vendor-owned equipment or software and technical and business or operations literature to be delivered or to be used in the installation of deliverables and services. The vendor shall retain total liability for equipment, software and technical and business or operations literature. The State shall not at any time be responsible for or accept liability for any vendor-owned items. B. The vendor’s liability for damages to the State shall be limited to the value of the Contract or $5,000,000, whichever is higher. The foregoing limitation of liability shall not apply to claims for infringement of United States patent, copyright, trademarks or trade secrets; to claims for personal injury or damage to property caused by the gross negligence or willful misconduct of the vendor; to claims covered by other specific provisions of the Contract calling for damages; or to court costs or attorney’s fees awarded by a court in addition to damages after litigation based on the Contract. The vendor and the State shall not be liable to each other, regardless of the form of action, for consequential, incidental, indirect, or special damages. This limitation of liability shall not apply to claims for infringement of United States patent, copyright, trademark or trade secrets; to claims for personal injury or damage to property caused by the gross negligence or willful misconduct of the vendor; to claims covered by other specific provisions of the Contract calling for damages; or to court costs or attorney’s fees awarded by a court in addition to damages after litigation based on the Contract. C. Language in these terms and conditions shall not be construed or deemed as the State’s waiver of its right of sovereign immunity. The vendor agrees that any claims against the State, whether sounding in tort or in contract, shall be brought before the Arkansas Claims Commission as provided by Arkansas law, and shall be governed accordingly. 4.5 CONFIDENTIALITY A. The vendor, vendor’s subsidiaries, and vendor’s employees shall be bound to all laws and to all Requirements set forth in this Bid Solicitation concerning the confidentiality and secure handling of information of which they may become aware during the course of providing services under a resulting contract. B. Consistent and/or uncorrected breaches of confidentiality may constitute grounds for cancellation of a resulting contract, and the State shall have the right to cancel the contract on these grounds. Bid Solicitation Document Bid No. RFP-24-004 Page 12 of 21 C. Previous sections of this Bid Solicitation may contain additional confidentiality Requirements. 4.6 CONTRACT INTERPRETATION Should the State and vendor interpret specifications differently, either party may request clarification. However if an agreement cannot be reached, the determination of the State shall be final and controlling. 4.7 CANCELLATION A. In the event the State no longer needs the service or commodity specified in the contract or purchase order due to program changes, changes in laws, rules, or regulations, relocation of offices, or lack of appropriated funding. The State shall give the vendor written notice of cancellation, specifying the terms and the effective date of contact termination. The effective date of termination shall be 30 days from the date of notification, unless a longer timeframe is specified in the notification. B. Upon default of a vendor, the State shall agree to pay only sums due for goods and services received and accepted up to cancellation of the contract. 4.8 SEVERABILITY If any provision of the contract, including items incorporated by reference, is declared or found to be illegal, unenforceable, or void, then both the agency and the vendor shall be relieved of all obligations arising under such provision. If the remainder of the contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed. Bid Solicitation Document Bid No. RFP-24-004 Page 13 of 21 SECTION 5 – STANDARD TERMS AND CONDITIONS • Do not provide responses to items in this section. 1. GENERAL: Any special terms and conditions included in this solicitation shall override these Standard Terms and Conditions. The Standard Terms and Conditions and any special terms and conditions shall become part of any contract entered into if any or all parts of the bid are accepted by the State of Arkansas. 2. ACCEPTANCE AND REJECTION: The State shall have the right to accept or reject all or any part of a bid or any and all bids, to waive minor technicalities, and to award the bid to best serve the interest of the State. 3. BID SUBMISSION: Original Response Packets must be submitted to NWACC on or before the date and time specified for bid opening. The Response Packet must contain all documents, information, and attachments as specifically and expressly required in the Bid Solicitation. The bid must be typed or printed in ink. The signature must be in ink. Unsigned bids shall be disqualified. The person signing the bid should show title or authority to bind his firm in a contract. Multiple responses, if applicable, must be placed in separate packages and should be completely and properly identified. Late bids shall not be considered under any circumstances. 4. PRICES: Bid unit price F.O.B. destination. In case of errors in extension, unit prices shall govern. Prices shall be firm and shall not be subject to escalation unless otherwise specified in the Bid Solicitation. Unless otherwise specified, the bid must be firm for acceptance for thirty days from the bid opening date. "Discount from list" bids are not acceptable unless requested in the Bid Solicitation. 5. QUANTITIES: Quantities stated in a Bid Solicitation for term contracts are estimates only, and are not guaranteed. Vendor must bid unit price on the estimated quantity and unit of measure specified. The State may order more or less than the estimated quantity on term contracts. Quantities stated on firm contracts are actual Requirements of the ordering agency. 6. BRAND NAME REFERENCES: Unless otherwise specified in the Bid Solicitation, any catalog brand name or manufacturer reference used in the Bid Solicitation is descriptive only, not restrictive, and used to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced specifications, the bid must show the manufacturer, brand or trade name, and other descriptions, and should include the manufacturer's illustrations and complete descriptions of the product offered. The State shall have the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the State may require the vendor to supply additional descriptive material. The vendor shall guarantee that the product offered will meet or exceed specifications identified in this Bid Solicitation. Vendors not bidding an alternate to the referenced brand name or manufacturer shall be required to furnish the product according to brand names, numbers, etc., as specified in the solicitation. 7. GUARANTY: All items bid shall be newly manufactured, in first-class condition, latest model and design, including, where applicable, containers suitable for shipment and storage, unless otherwise indicated in the Bid Solicitation. The vendor hereby guarantees that everything furnished hereunder shall be free from defects in design, workmanship and material, that if sold by drawing, sample or specification, it shall conform thereto and shall serve the function for which it was furnished. The vendor shall further guarantee that if the items furnished hereunder are to be installed by the vendor, such items shall function properly when installed. The vendor shall guarantee that all applicable laws have been complied with relating to construction, packaging, labeling and registration. The vendor's obligations under this paragraph shall survive for a period of one year from the date of delivery, unless otherwise specified herein. 8. SAMPLES: Samples or demonstrators, when requested, must be furnished free of expense to the State. Each sample should be marked with the vendor's name and address, bid or contract number and item number. If requested, samples that are not destroyed during reasonable examination will be returned at vendor's expense. After reasonable examination, all demonstrators will be returned at vendor’s expense. 9. TESTING PROCEDURES FOR SPECIFICATIONS COMPLIANCE: Tests may be performed on samples or demonstrators submitted with the bid or on samples taken from the regular shipment. In the event products tested fail to meet or exceed all conditions and Requirements of the specifications, the cost of the sample used and the reasonable cost of the testing shall be borne by the vendor. 10. AMENDMENTS: Vendor’s responses cannot be altered or amended after the bid opening except as permitted by regulation. 11. TAXES AND TRADE DISCOUNTS: Do not include State or local sales taxes in the bid price. Trade discounts should be deducted from the unit price and the net price should be shown in the bid. 12. AWARD: Term Contract: A contract award will be issued to the successful vendor. It results in a binding obligation without further action by either party. This award does not authorize shipment. Shipment is authorized by the receipt of a purchase order from the ordering agency. Firm Contract: A written State purchase order authorizing shipment will be furnished to the successful vendor. 13. DELIVERY ON FIRM CONTRACTS: This solicitation shows the number of days to place a commodity in the ordering agency's designated location under normal conditions. If the vendor cannot meet the stated delivery, alternate delivery schedules may become a factor in an award. NWACC shall have the right to extend delivery if reasons appear valid. If the date is not acceptable, the agency may buy elsewhere and any additional cost shall be borne by the vendor. Bid Solicitation Document Bid No. RFP-24-004 Page 14 of 21 14. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval by NWACC. Delivery shall be made during agency work hours only 8:00 a.m. to 4:30 p.m. Central Time, unless prior approval for other delivery has been obtained from the agency. Packing memoranda shall be enclosed with each shipment. 15. STORAGE: The ordering agency is responsible for storage if the contractor delivers within the time required and the agency cannot accept delivery. 16. DEFAULT: All commodities furnished shall be subject to inspection and acceptance of the ordering agency after delivery. Back orders, default in promised delivery, or failure to meet specifications shall authorize NWACC to cancel this contract or any portion of it and reasonably purchase commodities elsewhere and charge full increase, if any, in cost and handling to the defaulting contractor. The contractor must give written notice to NWACC of the reason and the expected delivery date. Consistent failure to meet delivery without a valid reason may cause removal from the vendors list or suspension of eligibility for award. 17. VARIATION IN QUANTITY: The State assumes no liability for commodities produced, processed or shipped in excess of the amount specified on the agency's purchase order. 18. INVOICING: The contractor shall be paid upon the completion of all of the following: (1) submission of an original and the specified number of copies of a properly itemized invoice showing the bid and purchase order numbers, where itemized in the Bid Solicitation, (2) delivery and acceptance of the commodities and (3) proper and legal processing of the invoice by all necessary State agencies. Invoices must be sent to the "Invoice To" point shown on the purchase order. 19. STATE PROPERTY: Any specifications, drawings, technical information, dies, cuts, negatives, positives, data or any other commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for use hereunder shall remain property of the State, shall be kept confidential, shall be used only as expressly authorized, and shall be returned at the contractor's expense to the F.O.B. point provided by the agency. Vendor shall properly identify items being returned. 20. PATENTS OR COPYRIGHTS: The contractor must agree to indemnify and hold the State harmless from all claims, damages and costs including attorneys' fees, arising from infringement of patents or copyrights. 21. ASSIGNMENT: Any contract entered into pursuant to this solicitation shall not be assignable nor the duties thereunder delegable by either party without the written consent of the other party of the contract. 22. CLAIMS: Any claims the Contractor may assert under this Agreement shall be brought before the Arkansas State Claims Commission (“Commission”), which shall have exclusive jurisdiction over any and all claims that the Contactor may have arising from or in connection with this Agreement. Unless the Contractor’s obligations to perform are terminated by the State, the Contractor shall continue to provide the Services under this Agreement even in the event that the Contractor has a claim pending before the Commission. 23. CANCELLATION: In the event, the State no longer needs the commodities or services specified for any reason, (e.g., program changes; changes in laws, rules or regulations; relocation of offices; lack of appropriated funding, etc.), the State shall have the right to cancel the contract or purchase order by giving the vendor written notice of such cancellation thirty (30) days prior to the date of cancellation. Any delivered but unpaid for goods will be returned in normal condition to the contractor by the State. If the State is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, the contractor may file a claim with the Arkansas Claims Commission under the laws and regulations governing the filing of such claims. If upon cancellation the contractor has provided services which the State has accepted, the contractor may file a claim. NOTHING IN THIS CONTRACT SHALL BE DEEMED A WAIVER OF THE STATE’S RIGHT TO SOVEREIGN IMMUNITY. 24. DISCRIMINATION: In order to comply with the provision of Act 954 of 1977, relating to unfair employment practices, the vendor agrees that: (a) the vendor shall not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; (b) in all solicitations or advertisements for employees, the vendor shall state that all qualified applicants shall receive consideration without regard to race, color, sex, age, religion, handicap, or national origin; (c) the vendor will furnish such relevant information and reports as requested by the Human Resources Commission for the purpose of determining compliance with the statute; (d) failure of the vendor to comply with the statute, the rules and regulations promulgated thereunder and this nondiscrimination clause shall be deemed a breach of contract and it may be cancelled, terminated or suspended in whole or in part; (e) the vendor shall include the provisions of above items (a) through (d) in every subcontract so that such provisions shall be binding upon such subcontractor or vendor. 25. CONTINGENT FEE: The vendor guarantees that he has not retained a person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the vendor for the purpose of securing business. 26. ANTITRUST ASSIGNMENT: As part of the consideration for entering into any contract pursuant to this solicitation, the vendor named on the Response Signature Page for this solicitation, acting herein by the authorized individual or its duly authorized agent, hereby assigns, sells and transfers to the State of Arkansas all rights, title and interest in and to all causes of action it may have under the antitrust laws of the United States or this State for price fixing, which causes of action have accrued prior to the date of this assignment and which relate solely to the particular goods or services purchased or produced by this State pursuant to this contract. 27. DISCLOSURE: Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that order, shall be a material breach of the terms of this contract. Any contractor, Bid Solicitation Document Bid No. RFP-24-004 Page 15 of 21 whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency. Bid Solicitation Document Bid No. RFP-24-004 Page 16 of 21 NorthWest Arkansas Community College NWACC One College Drive Bentonville, AR 72712 RESPONSE SIGNATURE PAGE Type or Print the following information. RESPONDENT’S INFORMATION Company: Address: City: State: Zip Code: Business Designation: ☐ Individual ☐ Sole Proprietorship ☐ Public Service Corp ☐ Partnership ☐ Corporation ☐ Nonprofit ☐ Not Applicable ☐ African American ☐ Hispanic American ☐ Pacific Islander American Minority Designation: See Minority Business Policy ☐ American Indian ☐ Asian American ☐ Service Disabled Veteran AR Minority Certification #: Service Disabled Veteran Certification #: Women Owned Business ☐ Yes ☐ Not Applicable VENDOR CONTACT INFORMATION Provide contact information to be used for bid solicitation related matters. Contact Person: Title: Phone: Alternate Phone: Email: CONFIRMATION OF REDACTED COPY ☐ YES, a redacted copy of submission documents is enclosed. ☐ NO, a redacted copy of submission documents is not enclosed. I understand a full copy of non-redacted submission documents will be released if requested. Note: If a redacted copy of the submission documents is not provided with vendor’s response packet, and neither box is checked, a copy of the non-redacted documents, with the exception of financial data (other than pricing), shall be released in response to any request made under the Arkansas Freedom of Information Act (FOIA). See Bid Solicitation for additional information. An official authorized to bind the vendor to a resultant contract must sign below. The signature below signifies agreement that either of the following shall cause the vendor’s response to be disqualified: • Additional terms or conditions submitted in their response, whether submitted intentionally or inadvertently. • Any exception that conflicts with a Requirement of this Bid Solicitation. Authorized Signature: Title: Use Ink Only. Printed/Typed Name: Date: Bid Solicitation Document Bid No. RFP-24-004 Page 17 of 21 OFFICAL PRICE SHEET RFP NAME: Branding Services RFP NUMBER: RFP-24-004 PROPOSAL DUE DATE/TIME: December 19, 2023, 10:00 AM CST Reference Section 3-Costs / Pricing for further instruction. Please complete the Official Price Sheet as provided and submit within your proposal. If pricing is dependent on any assumptions that are not specifically stated on the Official Price Sheet, please list those assumptions accordingly on a separate spreadsheet and show detailed pricing. Any additional pricing lists should remain attached to the Official Price Sheet for purposes of accurate evaluation. Pricing must be valid for one hundred twenty (120) days following the proposal due date and time. UAS will not be obligated to pay any costs not identified accordingly. Respondent must certify that any costs not identified by respondent, but subsequently incurred in order to achieve successful operation of the service, will be borne by respondent. Failure to do so may result in rejection of the proposal. NOTE: Proposals must be submitted on this official proposal form to be considered. Respondents must use this Official Price Sheet when submitting proposals in response to this RFP. Provide pricing and/or discount where applicable next to the item listed below, per minimum specifications as listed within this proposal document. Pricing must include shipping and handling charges. Item Description Discount ($ or %) Total Price 1. Branding Services Project $ 2. Added Optional Services $ GRAND TOTAL $ Bid Solicitation Document Bid No. RFP-24-004 Page 18 of 21 Equal Opportunity Policy Disclaimer ATTENTION BIDDERS Act 2157 of 2005 of the Arkansas Regular Legislative Session requires that any business or person bidding, who is responding to a formal bid request, request for proposal or qualifications, or negotiating a contract with the state for professional or consultant services, submit their most current equal opportunity policy (EO Policy). Although bidders are encouraged to have a viable equal opportunity policy, a written response stating the bidder does not have such an EO Policy will be considered that bidder’s response and will be acceptable in complying with the requirement of Act 2157. Submitting the EO Policy is a one-time requirement. The NWACC Purchasing Department will maintain a database of policies or written responses received from bidders. This is a mandatory requirement when submitting an offer as described above. Should you have any questions regarding this requirement, please contact my office by calling (479) 619-4210. Sincerely, Karen Walls Karen Walls Director of Purchasing and Contracts Northwest Arkansas Community College To be completed by business or person submitting response: (check appropriate box) EO Policy Attached EO Policy previously submitted to NWACC Purchasing Department EO Policy is not available from business or person Company Name Or Individual: Title: Date: Signature: Bid Solicitation Document Bid No. RFP-24-004 Page 19 of 21 EO 98-04 Disclosure Form The EO 98-04 Disclosure Form can be found at the following location as a fillable PDF: http://content.nwacc.edu/administrativeservices/Procurement/contract%20and%20grant%20disclosure.pdf If you are unable to download this form, please contact Karen Walls, Interim Director of Purchasing for NWACC at: Email: kwalls@nwacc.edu http://content.nwacc.edu/administrativeservices/Procurement/contract%20and%20grant%20disclosure.pdf mailto:jlewis20@nwacc.edu Bid Solicitation Document Bid No. RFP-24-004 Page 20 of 21 ILLEGAL IMMIGRANT CERTIFICATION Pursuant to Arkansas Code Annotated § 19-11-105, Contractor(s) shall certify with OSP that they do not employ or contract with illegal immigrants. By signing below, the Contractor agrees and certifies that they do not employ illegal immigrants and will not employ illegal immigrants during the remaining aggregate term of the contract. Contract Number RFP-24-004 AASIS Number Description Branding Services Contractor Contractor Signature: _ Date: Bid Solicitation Document Bid No. RFP-24-004 Page 21 of 21