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Solicitation (IFB, RFP, RFQ) No. #59-P2284
Bidder/Offeror: ____________________________
THIS PAGE IS TO BE FILLED OUT AND RETURNED WITH YOUR BID. FAILURE TO DO SO
MAY SUBJECT YOUR BID TO REJECTION.
ATTENTION
Federal Employer Identification Number or alternate identification number
(e.g., Social Security Number) is used for internal processing, including bid tabulation.
Enter ID number here: _________________________________
Pursuant to N.C.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.
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RFP ##59-P2284
STATE OF NORTH CAROLINA
REQUEST FOR PROPOSALS
TITLE:
I.
RFP ##59-P2284
USING AGENCY:
Corbett Pool Renovation
North Carolina A&T State University
ISSUE DATE:
November 3, 2014
ISSUING AGENCY:
N.C. A&T State University
Dowdy Building Room 200
1601 East Market Street
Greensboro, NC 27411
Guilford County
GENERAL INFORMATION:
A. PROPOSAL SUBMISSION:
Sealed Proposals subject to the conditions made a part hereof will be received until November 20, 2014 at 3:00
p.m., in the Dowdy Building Conference Room 200 for furnishing services described herein.
Each offeror shall submit sealed proposals One (1) signed original executed bid response in a sealed envelope or
package. Vendor must return all the pages of this solicitation in their response. Vendor must also submit one
(1) signed, executed electronic copy of its proposal on USB Flash Drive or read-only CD/DVD(s). The files should
not be password-protected and should be capable of being copied to other media. Flash Drives or CD/DVD(s) will not
be returned.
Each original shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be
considered.
B. DIGITAL IMAGING:
The University will digitize the Vendor’s response if not received electronically, and any awarded contract together
with associated contract documents. This electronic copy shall be a preservation record, and serve as the official
record of this solicitation with the same force and effect as the original written documents comprising such record.
Any printout or other output readable by sight shown to reflect such record accurately is an "original."
C. DELIVERY:
SEND ALL PROPOSALS DIRECTLY TO THE ADDRESS AS SHOWN BELOW:
RFP NO. ##59-P2284
Dowdy Administration Building
Purchasing Department Suite 200
N.C. A&T State University
1601 E. Market Street
Greensboro, NC 27411
Attn: Garry Pierce
Indicate firm name and RFP #59-P2284 on the front of each sealed proposal envelope or package, along with the
date for receipt of proposals specified above.
Bids submitted via telegraph, facsimile (FAX) machine, telephone, and electronic means, including but not limited to email, in response to this Request for Proposals will not be acceptable.
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D. PROHIBITED COMMUNICATIONS:
From the issuance date of this RFP through the date the contract is awarded, each offeror (including its subcontractors
and / or suppliers) is prohibited from having any communications with any person inside or outside the using agency,
issuing agency, other government agency office, or body (including the purchaser named above, department secretary,
agency head members of the general assembly and/ or governor’s office), or private entity, and the communication
discusses the content of offeror’s proposal or qualifications, the contents of another offeror’s proposal, another offeror’s
qualifications or ability to perform the contract, and / or the transmittal of any other communication of information that has
the effect of directly or indirectly influencing the evaluation of proposals and/ or the award of the contract. Offerors not in
compliance with this provision shall be disqualified from contract award, unless it is determined that the best interest of the
state would not be served by the disqualification. An offeror’s proposal may be disqualified if its subcontractor and
supplier engage in any of the forgoing communications during the time that the procurement is active (I.E., the issuance
date of the procurement to the date of contract award). Only the discussions, communications or transmittals of
information authorized by the issuing agency in this RFP or general inquires to the purchase regarding the status of the
contract award are exempt from this provision.
E. MANDATORY PROPOSAL CONFERENCE/SITE VISIT:

There will be a mandatory proposal conference on day, November 14, 2014 at 10:00 a.m. in the DeHuguley
Conference Room. The conference will begin at 10:00 a.m.

Attendance at this conference is a prerequisite for consideration of an offeror's proposal. Prospective offerors are
encouraged to submit written questions in advance.

The University will not distribute any copies of this RFP at this conference.

Attendees are welcome to park in the Facilities Parking Lot or at the Laurel Street Parking Deck on campus.
Parking is $1.00 per hour.

DO NOT PARK IN A RESERVED SPACE, YOU MAY BE TOWED.
F. QUESTIONS/REQUEST FOR ADDITIONAL INFORMATION:

One hundred percent (100%) of the communication from contractors during this entire RFP process must be
solely with Garry Pierce at [email protected], Purchasing Specialist.

Questions regarding clarification to the contents of the RFP will be accepted, in writing, from the time of RFP
receipt by prospective contractors until 12:00 noon (Eastern daylight time), November 17, 2014.

Please insert “Questions #59-P2284” as the subject for the email.

The questions are to be submitted in the following format:
Citation
Vendor Question
The University’s Response
Bid Section
Page Number

A summary of all questions and answers will be posted on the internet as an addendum at
http://www.doa.state.nc.us/pandc/index.htm under RFP ##59-P2284. Oral answers are not binding on the
University.

Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this
proposal periodically check the State website for any and all Addenda that may be issued prior to the bid
opening date.
It is the offeror's responsibility to assure that all addenda have been reviewed and, if need be, signed and
returned.
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G. DEFINITIONS:

The words "University", "NC A&T", "Owner" or other pronouns used in their place shall mean the
North Carolina A&T State and its various locations and affiliates.

The words "Bidder", "Vendor", "Contractor" and "Respondent" or other pronouns used in their place
shall mean a firm responding to this Request for Proposal.

The words “University Facility Supervisor” or “Project Manager”, used shall mean the individual(s) responsible
of a specific job or project. This individual will normally be an employee in the Physical Plant or University
Engineering Departments.
H. BIDDER REQUIREMENTS:
1. All bidders shall be Licensed Commercial Swimming Pool Contractors.
2. Regulatory: Contractor(s) shall comply with all applicable federal, state and local laws, rules, regulations,
ordinances and codes and obtain any licenses or permits required to provide the services under this RFP.
II.
GENERAL INFORMATION ON SUBMITTING PROPOSALS
A. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be
controlled by such terms and conditions and the submission of other terms and conditions, price lists,
catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on
this Request for Proposals or on any contract that may be awarded resulting from this solicitation.
Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.
B. CERTIFICATION: By executing the proposal, the signer certifies that this proposal is submitted competitively and
without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity
has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the
Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 14359.1. False certification is a Class I felony.
C. ORAL EXPLANATIONS: The State shall not be bound by oral explanations or instructions given at any time during
the competitive process or after award.
D. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be evaluated;
reference to information previously submitted shall not be evaluated.
E. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that
necessary to present a complete and effective proposal are not desired.
In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort.
It is desirable that all responses meet the following requirements:
 All copies are printed double sided.
 All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and
indicate this information accordingly on the response.
 Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or
non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Threeringed binders, glued materials, paper clips, and staples are acceptable.
 Materials should be submitted in a format which allows for easy removal and recycling of paper materials.
F. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the
offerors' sole responsibility; the State of North Carolina will not reimburse any offeror for any costs incurred prior to
award.
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G. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of
30 days. Although the contract is expected to be awarded prior to that time, the 30 day period is requested to allow
for unforeseen delays.
H. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no
binding force or effect.
I.
CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the offeror agrees not to discuss or otherwise
reveal the contents of the proposal to any source outside of the using or issuing University, government or private,
until after the award of the contract. . Only those communications with the using University or issuing agency
authorized by this RFP are permitted. All offerors are advised that they are not to have any communications with the
using or issuing agency during the evaluation of the proposals (i.e., after the public opening of the proposals and
before the award of the contract), unless the State’s purchaser contacts the offeror(s) for purposes of seeking
clarification. An offeror shall not: transmit to the issuing and/or using agency any information commenting on the
ability or qualifications of other offerors to perform the advertised contract and/or the other offerors’ proposals and/or
prices at any time during the procurement process; or engage in any other communication or conduct attempting to
influence the evaluation and/or award of the contract that is the subject of this RFP. Offerors not in compliance with
this provision may be disqualified, at the option of the State, from contract award. Only discussions authorized by the
issuing agency are exempt from this provision.
J. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to the
RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors
shall become the property of the State when received.
K. OFFEROR’S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and telephone
number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the
firm's proposal.
L. SUBCONTRACTING: Offerors may propose to subcontract portions of the work provided that their proposals clearly
indicate what work they plan to subcontract and to whom and that all information required about the prime contractor
is also included for each proposed subcontractor.
M. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror does not wish disclosed
to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent
permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each page shall be identified in boldface
at the top and bottom as "CONFIDENTIAL". Any section of the proposal which is to remain confidential shall also be
so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of
what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law.
N. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150,
the State invites and encourages participation in this procurement process by businesses owned by minorities,
women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.
O. PROTEST PROCEDURES: A party wanting to protest a contract award handled by NC A&T must submit a written
request for a protest meeting to the Director of Purchasing which must be received in the Purchasing Department
within thirty-(30) consecutive days from the date the protested contract is awarded. This letter must contain specific
sound reasons and any supporting documentation for why the party is protesting the award or the protest will be
promptly rejected. A final decision for this protest will be reached within thirty-(30) consecutive days. If we are unable
to inform you by this date a written letter will be sent to you advising you of the reason and the date. If not, the
Director of Purchasing will schedule a meeting with the protesting party to hear their complaint. This meeting will
be held within thirty-(30) consecutive calendar days after the receipt of the written protest. The Director of
Purchasing will respond to the protesting party with a decision within the thirty-(30) consecutive calendar day period
from the date of the protest meeting. If the protesting party is not agreeable to the decision of the Director of
Purchasing they may make a final appeal, following the same procedures described above, to the Vice Chancellor
for Business and Finance. Note: Contract award notices are sent only to those actually awarded contracts, and
not to every person or firm responding to this solicitation. Contract status and Award notices are posted on the
Internet at http://www.pandc.nc.gov/.
All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of
Administration, Chapter 5, Purchase and Contract, Section 5B.1519. (See Protest Information at
http://www.pandc.nc.gov/protests.pdffor more information.)
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P. TABULATIONS: The Division has implemented an Interactive Purchasing System (IPS) that allows the public to
retrieve bid tabulations electronically from our Internet web site: http://www.pandc.nc.gov/ . Click on the IPS BIDS
icon, click on Search for Bid, enter the RFP number, and then search. Tabulations will normally be available at this
web site not later than one working day after opening. Lengthy tabulations may not be available on the Internet and
requests for these verbally or in writing cannot be honored.
Q. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to
electronically register free with the State to receive electronic notification of current procurement opportunities for
goods and services available on the Interactive Purchasing System. Online registration and other purchasing
information are available on our Internet web site: http://www.pandc.nc.gov/ .
R. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from
applying in-state preferences against North Carolina’s resident offerors. The “Principal Place of Business” is defined
as the principal place from which the trade or business of the offeror is directed or managed.
III.
INTRODUCTION
North Carolina A&T State University is located in Greensboro, North Carolina. It is a public comprehensive, land-grant
institution, one of only three engineering colleges in the state, and is a part of the University of North Carolina system.
The University’s mission is to provide undergraduate and graduate instruction, scholarly, creative research, and effective
public service. The University offers undergraduate and graduate programs with an emphasis on engineering, technology,
science, mathematics, business, arts, agriculture, teaching, and nursing.
A. PURPOSE
North Carolina Agricultural and Technical State University (NC A&T SU) seeks proposals from qualified contractors to
furnish the materials and perform the labor necessary for the completion of all repairs and services to acid wash and
plaster Corbett Pool.
Below is the scope of work (SOW) for repairing the water leaks that come from the walls inside the mechanical room, due
to hair line cracks in the pool wall. The pool wall area needs to be re-plastered and the bottom of the pool needs acid
cleaning.
·



The work must start on or about December 4th 2014 and be completed by December 31, 2014.
University swim classes start on January 4, 2015.
The Health Inspector will be inspecting the pool during the month of April, 2015.
B. UNIVERSITY’S RESPONSIBILITIES:
1. The University reserves the right to reject any or all proposals, to cancel the RFP process at any time, if deemed
to be in the best interests of the University.
2. The University reserves the right not to award a contract pursuant to this RFP.
3. The University reserves the right to determine the days, hours and locations that the successful proposer(s) shall
provide the services called for in this RFP.
4. The University reserves the right to reject and not consider any proposal that does not meet the requirements of
this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or nonrequested services.
5. In the case of rejection of all proposals, University reserves the right to advertise for new proposals or to proceed
to do the work otherwise, if in the judgment of University, the best interest of University will be promoted.
6. The University reserves the right to make an award to more than one proposer based on ratings or to make an
award with or without negotiations or Best and Final Offers (BAFO).
7. NC A&T Pool maintenance personnel will drain pool.
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8. When Pool is ready to fill, the maintenance person will re-fill and check for leaks around the walls in the
mechanical room.
IV.
SCOPE OF WORK:
A. Contractor:
1. Contractor will acid wash and pressure wash pool area.
2. Contractor will seal around lights, piping and fittings to prevent leaks.
3. Contractor will apply bond coat to ensure proper adhesion of new plaster to entire pool as recommended by the
manufacturer.
4. Contractor will prep and resurface entire surface of pool using blue quartz exposed aggregate material.
5. All work will be performed doing normal working hours.
6. Pool must be filled with water, inspected and finished before December 31, 2014.
7. The Contractor shall provide all labor, equipment, and materials required to complete all services covered under
the awarded contract.
8. The scope of this contract shall include all inspections, testing, maintenance and repair services required.
9. The Contractor shall comply with and perform all maintenance and repair services in accordance with all
applicable federal, state and local laws, rules, regulations, ordinances, codes and manufacturer’s instructions and
shall obtain any licenses or permits required under this RFP to do the specified work.
10. The contractor will furnish and maintain temporary flagging and barricades as required to protect employees and
public at all times during project renovation.
B. CONTRACTOR’S EQUIPMENT:
1. The Contractor shall supply all tools and equipment required for the execution of the assigned work.
2. All equipment and materials provided must meet University specifications or approval.
3. If required, additional supply parts and materials that are not considered as normal inventory for trade work for
certain jobs and provided by the Contractor shall be compensated at actual invoice cost to the contractor with no
markup allowance. All receipts for such parts and/or materials shall be attached and submitted at the time when
the Contractor(s) invoice is submitted to the University for payment processing.
C. STORAGE OF EQUIPMENT:
1. The Contractor(s) shall store all materials, tools and equipment only in areas designated by the University.
2. The Contractor(s) shall keep those areas clean and clear of combustible waste.
3. Any items stored out-of-doors shall be stored off the ground on adequate supports, protected with secure
tarpaulins.
4. The Contractor shall provide adequate facilities for the storage of waste materials and rubbish prior to any debris
removal from the site. Debris, surplus materials, equipment, etc. shall be removed daily. The Contractor shall not
use any University waste receptacle for waste materials or rubbish.
5. No ladders, tools or equipment shall be left unattended or unsecured at any time by the Contractor(s).
6. The Contractor shall be solely responsible for damage, loss or liability due to theft or vandalism of its materials,
tools and equipment at all times including when work is not in progress at night, weekends, or holidays.
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7. The Contractor(s) are the “Prime” and all policies and procedures required by the University, shall also apply to
any and all subcontractors. It is the Prime Contractors’ responsibility to insure the compliance by the
subcontractors. Regardless of subcontracting, the Prime Contractor remains liable to the University for the
performance under this RFP or any resulting contract.
D. WARRANTY – WORKMANSHIP AND MATERIALS:
1. All equipment, materials and labor provided shall be warranted by the providing Contractor. Equipment and
material warranties are the responsibility of the Contractor.
2. Contactors shall warrant all work performed for a period of Twelve (12) months from the completion date of the
service provided.
3. If during that Twelve (12) months period of warranty, any part installed under the contract fails or does not
function properly due to any fault in materials, workmanship or installation, the contractor, shall, under notice from
the University, promptly proceed to repair or replace the faulty item at no cost to the University.
4. The Twelve (12) months is the minimum material and equipment warranty period, if the manufacturer’s warranty
period exceeds this minimum the longer term shall prevail.
5. All materials and workmanship for the extent of this contract must be of high quality to be acceptable. An inferior
job will not be accepted or paid by N.C. A&T.
6. The University reserves the right to be sole judge as to what constitutes as a satisfactory job and will reject any
work deemed to be unacceptable.
F. WORKING HOURS / TIMEFRAME:
1. The project shall begin on or about December 4, 2014 and be completed by December 31, 2014.
2. Normal working hours are considered to be between 7:00 a.m. and 4:00 p.m., Monday through Friday. Overtime
rates are considered to be for work performed after 4:01 p.m. Monday through Friday, Weekends and Holidays.
Any work performed under the overtime category must be authorized in writing by the University Project Manager
prior to work being scheduled or performed.
3. Failure to receive prior approval may constitute unauthorized repair or service and Contractors will not be
compensated for such services
G. WORKSITE CONDITIONS:
1. The Contractor(s) shall have temporary use of electrical power, water, etc. from existing outlets as directed by the
University. The contractor shall furnish all connections and extensions from these outlets at their own expense.
2. All work must be performed in a safe manner in compliance with all University policies found in the University’s
Environmental Health and Safety (“ARISA”) and University Facilities Departments. These policies can be found
at: http://www.ncat.edu/divisions/business-and-finance/facilities/safety/policies.html.
3. Awarded contractors shall provide the reference material to all assigned staff and ensure said staff understands
and complies with all policies referenced therein.
4. The Contractor shall at its sole expense immediately correct any dangerous condition caused by or as a result of
the Contractor’s work.
5. The Contract shall be held solely responsible for any damage to existing structures, systems, equipment and/or
site caused by their representatives, employees and sub-contractors and shall repair or replace same to its
original condition at no additional cost to the University.
6. If any shutdown of services is required, the Contractor must contact the University Project Manager prior to shut
down.
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7. The Contractor shall keep the site cleaned and swept on a daily basis, or more often if required to keep premises
clean and safe.
8. The Contractor must remove all rubbish, materials, and debris from the work site on a daily basis.
9. Existing walks, driveways and parking areas are to be kept free and clean at all times.
H. WORK:
1. The Contractor agrees to work directly with the University Facilities Shop Supervisor/Project Manager(s) in
connection with carrying out and conducting all of the duties and responsibilities stated in this contract.
2.
The University reserves the right to supply materials. All work under this contract shall conform to the North
Carolina State Building Codes as well as State, Local, and National Codes as are applicable. All work must meet
or exceed National, State, and Local Codes for work performed under the State laws governing their respective
trades.
3. Contractor shall Install and apply materials in accordance with the manufacturer's recommendations and printed
specifications. Contractor shall perform work under conditions best suited to the production of acceptable work.
The University reserves the right to supply all materials and rentals.
4. Contractor(s) is responsible for a site visit to examine the site with the appropriate University representative(s)
prior to performing any assigned task.
5. Failure to visit the site and note all conditions will in no way relieve the contractor from completing the work to the
satisfactory of the University.
6. Contractor(s) is responsible for taking their own field measurements and ascertaining the accuracy of all
information relevant to any assigned project and/or tasks.
7. The University is not obligated to supply, nor be responsible for, the accuracy of measurements and any other
related work.
8. The contractor(s) staff must sign in upon arrival in the DeHuguley Facilities Building and sign out when leaving the
site for any reason.
9. At completion of work and prior to leaving the site, the Contractor must submit a “work ticket” that accurately
documents the hours worked, work performed, and a detailed list of the parts and materials used. All “work
tickets” must be signed off the appropriate Project Manager responsible for the project or tasks. A copy shall be
left on site and a copy shall be provided with the Contractor’s invoice.
10. The Contractor must provide a written work schedule to the University Project Manager/Shop Supervisor prior to
commencing any work. This schedule will be reviewed each day with the University Project Manager/Shop
Supervisor and/or their assignee.
11. The Contractor must update the work schedule in writing upon each change in status and/or completion of each
phase of the project.
12. Contractor(s) vehicle shall be maintained in good working order and any repairs shall be the sole responsibility of
the contractor.
13. Contractor(s) will be required to acquire a “Vendor Parking Pass” from University Parking Services for each
vehicle used in the execution of a contract. Contractor(s) shall park only at locations designated by the
University. The Contractor shall not park on University sidewalks or grass areas.
J. WORK INSPECTIONS:
1. The University Shop Supervisor/Project Manager or other designated assignee shall inspect all work daily or as
needed to determine the service is satisfactory. Failure to satisfactorily perform any service outlined in this RFP
may be grounds for cancellation of contract.
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2. The University Shop Supervisor and/or his /her designated assignee will inspect the project each day with the
Contractor.
3. Inspection reports shall be made by the University Shop Supervisor and/or designated assigned Physical Plant
Personnel after all inspections indicating the conditions and the work completed by contractor.
K. CONTRACT PERFORMANCE EVALUATION:
At the completion of each job done under this contract, the Project Manager will evaluate the work performed by
the contractor using the Quality Performance Evaluation Form. This form shall be made a part of the contract file
for future reference.
L. LIQUIDATED DAMAGES:
For each day that performance under a resulting contract from this RFP is delayed beyond the time specified for
completion, the Contractor shall be liable for liquidated damages in the amount of Three Hundred Dollars ($300.00)
per day. However, the timeframe for performance may be adjusted at the University’s discretion in writing and
received by the Contractor prior to default under any resulting contract.
M. STAFFING AND PERSONNEL CONDUCT:
The Contractor(s) shall staff each job in accordance with the size and time demands placed on the job or project.
1. Minimum requirement of staff shall consist of the following:
a) Foreman: One (1) staff member with a minimum of five (5) years commercial level experience. The Forman
is required to be on the job site seventy-five percent (75%) of the duration of each job evidenced by sign in
sheets accounting for personnel accountability.
b)
(2) Staff members with not have less than three (3) years of commercial level experience.
c) Support Staff: One (1) dedicated outside estimating and service representative, and One (1) inside sales
representative and (1) One billing coordinator.
2. The Contractor shall make every effort to maintain consistency in staff assigned.
3. The Contractor’s staff shall adhere to proper conduct at all times. Proper conduct is meant to include, but shall
not be limited to the following:
a) There shall be no weapons, drugs or alcohol on the premises.
b) No smoking is allowed on the premises unless there is a smoking designated area and the smoking is
conducted in such area designated as smoking area.
c) The Contractor’s staff shall be polite and courteous at all times.
b) The Contractor’s staff shall adhere to all State and University rules and regulations.
c) If any employee of the Contractor is deemed unacceptable by the University, Contractor shall immediately
replace such personnel with a substitute acceptable to the University.
d) Contractor shall provide uniforms and ID badges for all personnel working on the University campus
properties. No individual will be allowed on the University’s properties while on duty out of uniform and without
an ID badge.
4. The Contractor(s) shall ensure that all workers shall be familiar with standard practices and methods related to
the specified work herein.
5. The Contractor shall provide or ensure all personnel assigned to work at the University maintains current
license(s) and attend at the minimum training requirements by the State of North Carolina.
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6. The Contractor shall provide the necessary training and supervision to accomplish each task. The Contractor
shall include all training as required by Local, State, and Federal Law including the “Right to Know Training” and
OSHA Safety requirements.
N. CRIMINAL HISTORY CHECKS:
Security: The safety and well-being of students and staff is of particular importance to the University. The Contractor
shall be required to verify that criminal background checks have been conducted on all individuals working on or
having access to the premises prior to start of employment. Any prospective employee convicted of a felony or any
type of misdemeanor involving money, fraud, or deceit within ten (10) years prior to the prospective start date of
employment will not be allowed to perform services. Verification of employee background checks shall be provided
to the Contract Manager upon request.
O. E-VERIFY:
As required by G.S. §143-48.5 (Session Law 2013-418), the Bidder certifies that it, and each of its subcontractors for
any contract awarded as a result of this solicitation, 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.
V.
THE PROCUREMENT PROCESS:
A. The following is a general description of the process by which a firm will be selected to provide services.
1. Request for Proposals (RFP) is issued to prospective contractors.
2. A pre-proposal conference and/or deadline for written questions is set. (See cover sheet of this RFP for details.)
3. Proposals in one (1) signed original executed bid response will be received from each offeror in a sealed
envelope or package. Vendor must return all the pages of this solicitation in their response. Vendor must
also submit one (1) signed, executed electronic copy of its proposal on USB Flash Drive or read-only
CD/DVD(s). The files should not be password-protected and should be capable of being copied to other media.
4. Each original shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be
considered.
5. All proposals must be received by the University not later than the date and time specified on the cover sheet of
this RFP.
6. At that date and time the package containing the proposals from each responding firm will be opened publicly and
the name of the offeror and cost(s) offered will be announced. Interested parties are cautioned that these costs
and their components are subject to further evaluation for completeness and correctness and therefore may not
be an exact indicator of an offeror’s pricing position.
7. At their option, the evaluators may request oral presentations or discussion with any or all offerors for the purpose
of clarification or to amplify the materials presented in any part of the proposal. However, offerors are cautioned
that the evaluators are not required to request clarification; therefore, all proposals should be complete and reflect
the most favorable terms available from the offeror.
8. Proposals will be evaluated according to Years of Guarantee, Experience with Similar Projects, Ability of the
Offeror and its Staff, and Cost based on points assigned as follows:
Cost
Years of Guarantee (Cracks / Peeling)
Current Swimming Pool
Contractor’s License
Reference
Total
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50
25
10
15
100
RFP ##59-P2284




Cost - 50 points
Years of guarantee - 25 points max (5 points for each year above minimum) based on wear of surface
and cracks not returning.
2 Min Number of Guaranteed years = 5 Points
3 Years Guaranteed = 15 Points
4 Years Guaranteed = 20 Points
5 Years or More Guaranteed = 25 Points
Current Swimming Pool Contractor’s License = 10 Points
Reference of Company - 15 points
(15 points max = for positive reference responses within the last year.)
9. The evaluators will select all five of offeror’s references for scoring maximum three (3) points per reference within
the last year. The failure of the offeror to list all similar contracts in the specified period may result in the rejection
of the offeror’s proposal. The evaluators may check all public sources to determine whether offeror has listed all
contracts for similar work within the designated period. If the evaluators determine that references for other public
contracts for similar contracts were not listed, the evaluators may contact the public entities to make inquiry into
offeror’s performance of those contracts and the information obtained may be considered in evaluating offeror’s
proposal.
10. Award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors
considered, the selected proposal was deemed most advantageous to the University.
11. Offerors are cautioned that this is a request for offers, not a request to contract, and the University reserves the
unqualified right to reject any and all offers when such rejection is deemed to be in the best interest of the
University.
VI.
PROPOSAL REQUIREMENTS:
A. The response to this RFP shall consist of the following sections:
1. Corporate Background and Experience
2. Project Staffing and Organization
3. References
4. Cost Proposal
B. Corporate Background and Experience
1. Provide a brief narrative on the history of the firm (including the number of years), ownership, its
experience, qualifications, and success providing Service similar to those described in this RFP.
2. Disclose any litigation issues, especially regarding safety that the company has experienced within the
previous three (3) years.
3. Provide a list of institutions of higher education and/or large commercial contracts with which the firm has
provided similar services in the past five (5) years.
C. Project Staffing and Organization
1. This section must include the proposed staffing, deployment, organization of personnel and the
responsibilities of each person to be assigned to the University Account.
2. The Offeror shall provide information as to the qualifications and experience of all personnel to conduct work
on at the University in regards to licenses and certifications. A copy of each of the individual’s North Carolina
licenses must be included in the response.
D. References
1. Provide a list of all the firm’s clients comparable to the University indicating the length of service at each
account within the last year. Include the firm’s contact name, phone number, and e-mail address.
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2. The failure to list all similar contracts in the specified period may result in the rejection of the offeror’s
proposal.
3. If the evaluators determine that references for other public contracts for similar contracts were not listed,
the evaluators may contact the public entities to make inquiry into offeror’s performance of those
contracts and the information obtained may be considered in evaluating offeror’s proposal.
E. Cost:
1. The Cost Proposal shall be submitted on Attachment: D (Cost Proposal Fee Sheet)
2. The Cost Proposal must be in the format requested and contain all fees the University will be charged for
the product and services.
VII.
COST PROPOSAL / EXECUTION OF PROPOSAL
By submitting this proposal, the potential contractor certifies the following:
_______This proposal is signed by an authorized representative of the firm.
_______It 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 offeror has attended the conference/site visit and is aware of prevailing conditions associated with performing these
services.
_______ The offeror can and will provide the specified performance bond or alternate performance guarantee if required.
_______The potential contractor has read and understands the conditions set forth in this RFP and agrees to them
with no exceptions.
_______The offeror is registered in NC E-Procurement @ Your Service or agrees to register within two days after
notification of contract award.
Therefore, in compliance with this Request for Proposals, and subject to all conditions herein, the undersigned offers and agrees, if this
proposal is accepted within 60 days from the date of the opening, to furnish the subject services for a cost not to exceed the amounts
listed on Attachment E: Cost Proposal Fee Sheet
OFFEROR: __________________________________________________________
ADDRESS: __________________________________________________________
CITY, STATE, ZIP: ____________________________________________________
TELEPHONE NUMBER: _____________________ FAX: _____________________
E-MAIL: _____________________________________________________________
Principal Place of Business if different from above (See General Information on Submitting Proposals, Item 18.):
____________________________________________________________________
Will any of the work under this contract be performed outside the United States?
(If yes, describe in technical proposal.)
Yes
No
N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee 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 any response in this procurement,
you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered,
accepted, or promised by any employees of your organization.
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RFP ##59-P2284
BY: _________________________________ TITLE: ___________________________ DATE: __________________
(Signature)
__________________________________
(Printed name)
************************************************************************************************************************************
ACCEPTANCE OF PROPOSAL: This space is for use by North Carolina A&T State Purchasing Department.
(NORTH CAROLINA A&T STATE UNIVERSITY)
BY:
TITLE:
DATE: ___________________
THIS PAGE MUST BE SIGNED AND INCLUDED IN YOUR PROPOSAL.
Unsigned proposals will not be considered.
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ATTACHMENT (A): CORPORATE BACKGROUND AND EXPERIENCE
Provide Company name and address of place of business
The number of employees that will be assigned to the project(s), title/role and length of time with the company
Company Name:
Company Address:
CORPORATE EXPERIENCE
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ATTACHMENT (B): STAFFING INFORMATION
Project Bidding
Example:
Project 1 -
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Number of
Employees
Assigned
6
Title/Role of Each Assigned Employee
1-Supervisor
1- Journeyman
4-Crewman
RFP ##59-P2284
ATTACHMENT (C): PROPOSED WORK SCHEDULE
**Detail the number of Days required to complete Project**
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ATTACHMENT (D): REFERENCE
References: List below a minimum of five (5) references where your company has performed similar services for state
agencies and/or private firms. North Carolina A&T State University may contact these references to determine the quality
of services rendered. Such information will be considered in the evaluation of the bid.
Company
Name
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Contact Name
Telephone
Number
Email Address
Type of Services
Provided
RFP ##59-P2284
Length of
Service
Time/Contact
ATTACHMENT (E): COST PROPOSAL FEE SHEET
The hourly rate must include all costs associated with direct and indirect cost to perform the services.
(This must include travel, profit, overhead etc.) All rates are all inclusive - no mileage reimbursement or
minimum charges apply.
Tennis Court Restoration Fees
ITEM DESCRIPTION
Unit of Measure
Power-wash & Acid Wash Pool
Power Wash
Acid Wash
(Min. 2 Year Warranty Each)
$______________________
LUMP SUM
$______________________
LUMP SUM
$______________________
Total
$
Resurface Pool with Plaster using
Blue Quartz exposed Aggregate
Material
LUMP SUM
$_______________________
Total
Total
Materials
Labor
LUMP SUM
Total $
Total $
Fill and Repair Structural Cracks
around fittings lights and drains
Cost per linear Ft
(Min. 2 Year Warranty Each)
AMOUNT
$
$
(Min. 2 Year Warranty Each)
LUMP SUM
Provide New Racing Lane Tiles
Total
Total
Materials
Labor
$_______________________
$
$
(Min. 2 Year Warranty Each)
TOTAL CHARGES
$______
_______________
NOT TO EXCEED
DISCOUNT OFFERED FOR EARLY PAYMENT: _________% if invoice is paid within __________ days of properly
submitted invoice as stated in the RFP.
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ATTACHMENT (F): YEARS OF CRACK REPAIR GURANTEE
Contractor Guarantees the Pool to be Crack Free
After Repairs for Number of Years listed Below:
CRACK REPAIR GUARANTEE
(Min. 2 Year Warranty)
2 Min Number of Guaranteed years = 5 Points
3 Years Guaranteed = 15 Points
4 Years Guaranteed = 20 Points
5 Years or More Guaranteed = 25 Points

Years of guarantee - 25 points max (5 points for each year above minimum) based on wear of surface
and cracks not returning.
Please Provide Historical Data for Crack Guarantee
AREAS OF SUCCESS
1.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________
2. _______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
3. _______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
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ATTACHMENT (G): WHERE SERVICE CONTRACTS WILL BE PERFORMED
In accordance with NC General Statute 143-59.4 (Session Law 2005-169),
this form is to be completed and submitted with the offeror’s (technical) proposal/bid.
Issuing Agency: North Carolina A & T State University
Solicitation #59-P2279
University Contact Person & phone #: Garry Pierce (336) 285-4970
Solicitation Title / Type of Services: Tennis Facility Renovation Proposal
_____________________________________________________________________________
OFFEROR: ___________________________________________
City & State: __________________________________________
Zip:_________________________
Location(s) from which services will be performed by the contractor:
Service
City/Providence/State
Country
_____________________________
_________________
_______
_____________________________
_________________
_______
_____________________________
_________________
_______
Location(s) from which services are anticipated to be performed outside the U.S. by the contractor:
_____________________________
_________________
________
_____________________________
_________________
________
Location(s) from which services will be performed by subcontractor(s):
Service
Subcontractor
City/Providence/State Country
_____________________________
___________
_________________
______
_____________________________
___________
_________________
______
_____________________________
___________
_________________
______
Location(s) from which services are anticipated to be performed outside the U.S. by the subcontractor(s):
_____________________________
___________
_________________
______
_____________________________
___________
_________________
______
(Attach additional pages if necessary.)
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ATTACHMENT (H): RESPONSE CONFIRMATION
Please confirm (X) the following information is included with your bid response:
Yes
No
License/ Documents Included in Bid
Attended Mandatory Site Visit
Signed Copies of the Execution Statement
and the entire Bid Request
Corporate Background (ATTACHMENT A)
Projected Staffing List (ATTACHMENT B)
Projected Schedule of Work (ATTACHMENT C)
References (ATTACHMENT D)
Cost Proposal Sheet (ATTACHMENT E)
Contractor Crack Free Pool Guarantee
(ATTACHMENT F)
Where Service Contracts will be Performed
(ATTACHMENT G)
Historically Underutilized Business
(Attachment I)
Current Business License (If applicable)
Addendum (If any)
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ATTACHMENT (I): HISTORICALLY UNDERUTILIZED BUSINESS
MUST BE SUBMITTED WITH THE BID RESPONSE
North Carolina Agricultural and Technical State University actively supports doing business with historically underutilized
supplier.
A. If the firm is/is not designated HUB, attach additional information as to how other HUB contractors shall be utilized
in support of this project.
B. Indicate (X) whether any of the following apply to your company/firm:
Minority-owned business:
Yes _________
No ___________
(Note: Minority definition is any business with at least 51% of the business owned and controlled by minority group
members)
C. Please indicate (X) the specific minority group:
African American: ____________
Hispanic: _______________
(Mexican, Puerto Rican, Cuban, Caribbean Island, Central of South American, or other Spanish origin Regardless of
race).
Asian (including Pacific Islander): _________________
American Indian (including Alaska native): ____________
Woman-owned: (Note: Women-owned definition is any business with at least 51% of the business owned and
controlled
by women. Yes ___________
No: _________________
Disabled-owned: (Note: Disabled-owned definition is any business with at least 51% of the business owned and
controlled by a physically or mentally impaired person.
Yes ______________ No:____________________
List Disability:
1. ____________________________________
2. ____________________________________
3. ____________________________________
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ATTACHMENT (J): CONTRACTUAL TERMS AND CONDITIONS
In the event a contract(s) is awarded from this solicitation, the following terms and conditions shall be incorporated with
information from the RFP as part of the contract. By submitting a proposal the Contractor accepts the contract terms and
conditions. Exceptions to the contract terms and conditions submitted by the Contractor with the response will not be
considered.
The University reserves the right to make multiple awards as a result of this RFP if it deems to be in the best interest of
the University.
A. CONTRACT TERM: The University is seeking a one term contract. The University may renew such options
based upon satisfactory performance and by mutual written agreement of the Contractor and University.
B. CONTRACT TERMINATION: Only the University may terminate this Agreement at any time upon ten-(10) days
prior written notice to the contractor.
C. PERFORMANCE AND DEFAULT: If, through any cause, The Contractor(s) shall fail to fulfill in timely and proper
manner the obligations under this Contract, the University shall there upon have the right to terminate this
Agreement by giving the Contractor(s) written notice and specifying the effective date thereof. In that event, all
finished or unfinished deliverable items under this Agreement prepared by The Contractor(s) shall, at the option of
the University, become its property and The Contractor(s) shall be entitled to receive just and equitable
compensation for any satisfactory work completed. Notwithstanding, The Contractor(s) shall not be relieved of
liability to the University for damages sustained by the University by virtue of any breach of this Agreement, and
the University may withhold any payment due to The Contractor(s) for the purpose of set-off until such time as the
exact amount of damages due the University from such breach can be determined.
In case of default by the Contractor(s), the University may procure the services from other sources and hold The
Contractor(s) responsible for any excess cost occasioned thereby. The University reserves the right to require
performance bond or other acceptable alternative guarantees from a successful offeror without expense to the
University.
In addition, in the event of default by the Contractor(s) under this contract, the University may immediately cease
doing business with the Contractor(s), immediately terminate for cause all existing contracts the University has
with the Contractor(s), and debar The Contractor(s) from doing future business with the University.
Upon the Contractor(s) filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against
the Contractor(s). The University may immediately terminate, for cause, this contract and all other existing
contracts the Contractor(s) has with the University, and debar The Contractor(s) from doing future business.
Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from
performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil
insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
D. CAUSE AND REMEDY: If the Contractor(s) breaches a material provision hereof (“Cause”), the University shall
give the Contractor(s) notice of such Cause. If the Cause is remedied within sixty (60) days, the notice shall be
null and void. If such Cause is not remedied within the specific period, the University shall have the right to
terminate this Agreement upon expiration of such remedy period. The rights of termination referred to in this
Agreement are not intended to be exclusive and are in addition to any other rights or remedies available at law or
in equity.
Notwithstanding the foregoing, in the event this Agreement expires or is terminated, and the Contractor(s)
continues to provide Services, this Agreement shall be deemed to continue on a month-to-month basis in
accordance with the existing terms and conditions as of the expiration date (including any adjustment to fees in
accordance with the Agreement in effect at such time.
E. CONVENIENCE: Both parties may terminate this Contract in whole or in part whenever, for any reason, that
either party determines that such termination is in its best interest by giving the other party a thirty (30) day written
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notice by certified mail, return receipt requested. Termination will be effective as of the close of business on the
date specified in the notice.
F. AMENDMENTS TO CONTRACT: All provisions of this Contract hereto shall remain in effect throughout the term
thereof unless the parties agree, in a written document incorporated by the University, and signed by both parties,
to amend, add, or delete any provision. This Contract contains all agreements of the parties with respect to
matters covered herein, superseding any prior agreements and may not be changed other than by an agreement
in writing signed by the parties hereto.
G. ACCOUNT MANAGER: This person must have the authority to make decisions on behalf of the Contractor.
The University requests that the account manager assigned at the commencement of the contract, remain for a
minimum of twelve (12) months. This person will serve as the liaison between the University and his/her
company.
The University reserves the right to request a change of the Account Manager at any time. Any substitution of the
Account Manager must be in writing to the University for approval prior to the change. This person will work
closely with the Facility Director or designee and serve as key contact for any communication. This person may
be required to visit the University campus in person and as often as deemed necessary by the University during
the term of the contract.
H. PRIME VENDOR CONCEPT: The prime vendor must assume responsibility for all products and services in
support of the requirements. Vendors who submit proposals as prime contractors may wish to provide all of the
proposed products and services directly, or provide certain elements directly and the remainder through
subcontractors. Under the prime contractor arrangement, subcontractors are allowed and encouraged. However,
the prime contractor must provide positive evidence that it will be responsible for all products and services
provided to satisfy the requirements and specifications of the Contract.
I.
UNIVERSITY CONTRACT MONITOR ROLE AND RESPONSIBILITIES: The University’s Project Manager /
Department Supervisor or designee shall serve as the Contract Monitor for this Agreement. The Contract
Monitor shall be responsible for ensuring that the services and operations are performed as required on a day to
day basis and that all deadlines are being met.
The Contract Monitor shall be responsible for identifying and documenting contract deliverables, expected
results, timeframe, budget and performance criteria.
J. UNIVERSITY CONTRACT ADMINISTRATOR: The Director of Purchasing or his/her designee shall serve as
the Contract Administrator for this contract. The Contract Administrator shall be responsible to ensure the
Contractor(s) and University’s total performance is in accordance with the terms and conditions of the
agreement.
The Contract Administrator shall be responsible for maintaining the contract file (i.e. insurance certificates,
general correspondence, necessary licenses, certificates, legal notices, etc.) facilitating regular meeting
schedules or follow-up meeting schedule(s) established herein with the Contractor(s) and University
stakeholders as well as serving as a mediator for resolution of vendor performance issues and issues on behalf
of the Contractor with the University. In addition, the Contract Administrator shall be responsible for ensuring all
documentation and activities are completed to close the contract file at the end of the contract life or at
termination.
K. PURCHASE ORDER: The University shall issue purchase orders to be used as a vehicle of payment for
invoices.
L. BILLING: The Contractor(s) shall submit invoices to the University Accounts Payable Department as incurred.
Invoices must have the minimum information for acceptance by University Accounting Office:
Invoice Number
Purchase Order Number (University Issued)
Contract Number
Date of Billing
Services Rendered
Cost Itemized by Labor and Materials
Remittance To Information
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In the event that a discrepancy or dispute arises with any submitted invoice to the University by the Contractor,
the University will submit such a discrepancy in writing to the Contractor within ten-(10) business days for
resolution purposes with proper supporting documentation. The Contractor will be required to respond to the
submitted discrepancy within ten-(10) business days for dispute resolution purposes.
M. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the
laws of the State of North Carolina.
N. SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether
sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be
determined
O. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as
such shall be wholly responsible for the work to be performed and for the supervision of its employees. The
Contractor represents that it has, or will secure at its own expense, all personnel required in performing the
services under this agreement. Such employees shall not be employees of, or have any individual contractual
relationship with the University.
P. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees
shall not be subcontracted without prior written approval of the University’s Contract Administrator. Acceptance of
an offeror’s proposal shall include any subcontractor(s) specified therein.
Q. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice(s). The
University is responsible for all payments to the Contractor under the contract
R. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the
availability of funds to the University for the purpose set forth in this agreement.
S. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or
assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made
available to any individual or organization without the prior written approval of the University.
T. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any
property furnished it for use in connection with the performance of this contract or purchased by it for this contract
and will reimburse the State for loss of damage of such property.
U. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an
application for copyright by or on behalf of the Contractor.
V. ACCESS TO PERSONS AND RECORDS: The State Auditor and the University’s internal auditors shall have
access to persons and records as a result of all contracts or grants entered into by State agencies or political
subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State
Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify
accounts and data affecting fees or performance).
W. ASSIGNMENT: No assignment of the Contractor’s obligations nor the Contractor’s right to receive payment
hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the
State may:
Forward the contractor’s payment check(s) directly to any person or entity designated by the
Contractor, or
b.
Include any person or entity designated by Contractor as a joint payee on the Contractor’s
payment
check(s).
a.
In no event shall such approval and action obligate the State to anyone other than the Contractor and the
Contractor shall remain responsible for fulfillment of all contract obligations.
X. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations,
and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and
local agencies having jurisdiction and/or authority.
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Y. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State
requirements concerning fair employment and employment of people with disabilities, and concerning the
treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin,
or disability.
AA.
INSURANCE: During the term of the contract, the contractor 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 contractor shall provide and maintain the following coverage and limits:
a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance,
as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of
$150,000.00, covering all of Contractor’s employees who are engaged in any work under the contract.
If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any
of its employees engaged in any work under the contract.
b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in
excess of the limit of liability.
c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and
non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be
$150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00
medical payment.
Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the
essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance
coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized
by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with
the terms of such insurance policies, and all requirements of the insurer under any such insurance policies,
except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each
insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and
obligations under the contract.
BB.
ADVERTISING: The offeror shall not use the award of a contract as part of any news release or commercial
advertising.
CC.
ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference
represent the entire agreement between the parties and supersede all prior oral or written statements or
agreements. This Request for Proposals, any addenda thereto, and the offeror’s proposal are incorporated
herein by reference as though set forth verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained
herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or
unless superseded by applicable Federal or State statutes of limitation.
DD.
TAXES: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if
the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales
of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1)
Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or
transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, mediafacilitated, or media-solicited means. By execution of the proposal document the vendor certifies that it and all of
its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
EE.
GENERAL INDEMNITY: The contractor shall hold and save the State, its officers, agents, and
employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other
person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the
performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or
corporation that may be injured or damaged by the contractor in the performance of this contract and that are
attributable to the negligence or intentionally tortious acts of the contractor provided that the contractor is notified
in writing within 30 days that the State has knowledge of such claims. The contractor represents and warrants
that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or
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processing of contractor goods to the State. The representation and warranty in the preceding sentence shall
survive the termination or expiration of this contract.
FF.
OUTSOURCING: Any vendor or subcontractor providing call or contact center services to the State of
North Carolina shall disclose to inbound callers the location from which the call or contact center services are
being provided.
If, after award of a contract, the contractor wishes to outsource any portion of the work to a location outside the
United States, prior written approval must be obtained from the State University responsible for the contract.
Vendor must give notice to the using University of any relocation of the vendor, employees of the vendor,
subcontractors of the vendor, or other persons performing services under a state contract outside of the United
States.
GG.
By EXECUTIVE ORDER 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any
vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer,
landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee
of the Governor’s Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety,
Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and
Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those
vendors and contractors who:
(1) have a contract with a governmental University; or
(2) have performed under such a contract within the past year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and exemptions, vendors and contractors are
encouraged to review Executive Order 24 and G.S. Sec. 133-32.
Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and
prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State
Agencies to determine if those agencies have adopted Executive Order 24.”
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RFP ##59-P2284