Solicitation (IFB, RFP, RFQ) No. 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. 1|P age RFP #59-P2287 STATE OF NORTH CAROLINA REQUEST FOR PROPOSALS RFP #59-P2287 TITLE: USING AGENCY: North Carolina A&T State University ISSUE DATE: December 23, 2014 OPEN DATE: January 13, 2015 @ 3:00 p.m. ISSUING AGENCY: N.C. A&T State University I. GENERAL INFORMATION: A. PROPOSAL SUBMISSION: Sealed Proposals subject to the conditions made a part hereof will be received until January 13, 2015 at 3:00 p.m. for furnishing services described herein. The Proposals will be opened in Ste 201 of the Dowdy Administrative Building. 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-P2287 Dowdy Administration Building Purchasing Department Suite 200 N.C. A&T State University 1601 E. Market Street Greensboro, NC 27411 Attn: Cherrie Chrisp Indicate firm name and (RFP #59-P2287) 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 e-mail, in response to this Request for Proposals will not be acceptable. 2|P age RFP #59-P2287 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. QUESTIONS/REQUEST FOR ADDITIONAL INFORMATION: − One hundred percent (100%) of the communication from contractors during this entire RFP process must be solely with Cherrie Chrisp 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 p.m. Eastern Daylight Time, January 6, 2015. - Answers will be posted to IPS as an addendum by 5:00 p.m. Eastern Daylight Time, January 7, 2015. − Please insert “Questions 59-P2287” 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-P2287. 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. − NOTE: It is the offeror's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned. F. DEFINITIONS: 1. Agency Specific Term Contract: Shall refer to a contract intended to cover all normal requirements for the services being specified in the Request for Proposal (“RFP”) for North Carolina A&T State University. 2. Bidder/Offeror: Shall refer to any Contractor, firm, corporation, vendor, partnership, individual, supplier, etc. submitting a response to the Request for Proposal. 3. University: Shall refer to North Carolina Agricultural and Technical State University (“NC A&T”), or “Owner” or other pronouns used to refer to its various locations and affiliates. 3|P age RFP #59-P2287 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. Three-ringed 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. G. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of 45 days. Although the contract is expected to be awarded prior to that time, the 45 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. 4|P age RFP #59-P2287 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.) 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. 5|P age RFP #59-P2287 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. The University’s student enrollment for Fall 2014-2015 was 10,764 and the workforce approximately 2800 employees. As one of North Carolina’s three engineering universities, the university offers Ph.D. programs in engineering. Basic and applied research is conducted by faculty in university centers for excellence, in inter- institutional relationships, and through significant involvement with several public and private agencies. The university also conducts major research through engineering transportation and its extension programs in agriculture. For more details about our history, visit www.ncat.edu/about/history-mission.html. The University approved A&T Preeminence 2020; the plan that sets the long-term strategic course for North Carolina Agricultural and Technical State University in the summer of 2011. For in-depth information about A & T Preeminence 2020 visit www.ncat.edu/about/who-is-at/strategic-plan-Initiatives.html. A. PURPOSE: North Carolina Agricultural & State University (NC A&T) is seeking proposals from experienced, qualified vendors to provide a series of videos highlighting the high quality of the University’s academic programs and plans for the future. These videos will incorporate the University’s newly developed brand message with the personality of campus life. The series of videos will vary in length to accommodate multiple uses. The primary goals are to address the needs of the University across the different schools/colleges and departments. Enhance the value of the University’s brand through the voices of our faculty, students and alumni. Highlight students, alumni and University’s distinctions, honors, and recognition. Provide an overview of the University’s master plan and vision for the future. The videos must be professional, appealing and inspirational. They must clearly communicate the University’s newly developed brand messaging. B. BACKGROUND: In 2009, the Division of University Advancement launched a project to create a brand identity for the University and establish a marketing program for local, regional, and national campaigns. A local company was selected and assisted in the redesign of university stationery, business cards, and the development of a tagline and some advertisement campaigns. In the winter of 2012, the University partnered with a responsive marketing and communications agency to research and assess current brand perceptions of the University among its key constituents. The result of this assessment was a cohesive messaging and positioning brand platform. NC A&T now seeks proposals for comprehensive videography services C. PROPOSED TERM: The University is seeking an initial contract for one-(1) year with the University’s option to renew the contract for additional four-(4), one(1) year periods. The University shall renew such options based upon satisfactory performance and by mutual written agreement of the contractor and University. D. 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 non-requested 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|P age RFP #59-P2287 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). IV. SCOPE OF WORK: 1. The Contractor will be required to provide video production services for projects requested by the University during the term of the Contract. On a project by project basis, the University will provide the Contractor with a scope of services to include, but not limited to the following: (the price quote should be inclusive of all) Shooting - On and offsite location filming Production Video editing and music Sound effects B-Roll footage Video script development Scripting - must tell a compelling story Video voiceover Video animation, transition effects, video graphics and still or stock photography Video transcription for closed captioning N.C. A&T will retain all video footage 2. This section defines a series of twenty-two (22) videos that N.C. A&T will produce annually. The vendor will work under the direction of University Relations staff to identify and schedule video participants and shoot locations. A. University Level – Chancellor’s office 1. Ask video May (2- 3 minutes) 2. Ask video November (2- 3 minutes) 3. Holiday video (2- 3 minutes) 4. Aggies Do branding video (2- 3 minutes) 5. This is A&T video (culmination of A&T successes and previous video footage. Shoot video footage with this one in mind). (2- 4 minutes) B. Academics – Schools and Colleges (2- 4 minutes each) 6. College of Arts and Sciences 7. College of Engineering 8. School of Agriculture and Environmental Sciences 9. School of Business and Economics 10. School of Education 11. School of Graduate Studies 12. School of Nursing 13. School of Technology 14. The Joint School of Nanoscience and Nanoengineering 15. STEM 16. Research 17. Land Grant Mission C. Admissions(Graduate and Undergraduate) – Financial aid, Housing 18. Enrollment video (3- 5 minutes) D. Around Campus – Students and Alumni 19. Homecoming video(week of events Monday – Sunday, ariel video footage, crowd footage) (3- 5 minutes) 20. Why I choose N.C. A&T, student move in week, first week of class footage (2- 3 minutes) 21. Athletics video (.30 seconds - .90 seconds) 22. Two (2) Miscellaneous project videos (2- 5 minutes) 7|P age RFP #59-P2287 3. The primary goals are as follows: - Enhance the value of the University’s brand through the voices of its faculty, students and alumni Demonstrate the quality of academic programming Provide an overview of the University’s master plan and vision for the future Highlight the University’s distinctions, honors and recognition Deliver information about the University in order to support recruitment goals Attract the attention of prospective students and influencers; and Deepen positive emotion and a sense of pride in and about the University 4. Videos: - Must be broadcast-quality, HD full-screen Must be able to be reduced in size without sacrificing quality Must be able to be used through multiple video and social media platforms E. WARRANTY – WORKMANSHIP AND MATERIALS: 1. Contractor will be required to secure its own production facilities and video equipment for shoots, including but not limited to cameras, lighting and audio. 2. Contractor is required to use professional video equipment. This includes professional HD video cameras, HD editing equipment, sound equipment, lighting, etc. 3. Contractor is to provide a list of software tools and equipment resources necessary to perform proposed project. 4. Pre and post production work. This includes the hiring and coordination of all personnel working on projects (editors, camera operators, producers, writers, directors, etc) 5. Contractor is expected to be in contact with University personnel through all phases of project execution, meeting as needed in person, by phone or by email. 6. Contractor shall provide camera operator(s) to shoot possible location footage. 7. All equipment, materials and labor provided shall be warranted by the providing Contractor. Equipment and material warranties are the responsibility of the Contractor. 8. 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. 9. 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. RESPONSE TIME: 1. The Contactor must be able to respond to the needs of the University in a timely fashion. 2. The Contractor must provide emergency telephone numbers at which qualified staff can be reached in case of an emergency. 3. Contractor shall be required to respond within twenty-four (24) hours after being contacted. 4. Contractors estimating staff are required to respond within twenty-four (24) hours after notification of a quotation request. Quotations must be provided in a timely fashion as determined by the University. 8|P age RFP #59-P2287 G. WORKING HOURS: 1. Normal working hours are considered to be between 8:00 a.m. and 5:00 p.m., Monday through Friday. Overtime rates are considered to be for work performed after 5:01 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. 2. Failure to receive prior approval may constitute unauthorized repair or service and Contractors will not be compensated for such services H. WORK INSPECTIONS: 1. The University Supervisor/Project Manager or other designated assignee shall inspect all work to determine the service is satisfactory. Failure to satisfactorily perform any service may be grounds for cancellation of contract. 2. A final report shall be given to the University Supervisor/Project Manager and/or designated after all work has been completed for written signature approval. I. CONTRACT PERFORMANCE EVALUATION: At the completion of the work or each job done under this contract, the Supervisor/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. J. STAFFING AND PERSONNEL CONDUCT: 1. The Contractor(s) at the University’s discretion may be asked to assign a qualified, dedicated account representative/ trade person for a specific time. 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. d) The Contractor’s staff shall adhere to all State and University rules and regulations. e) 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. f) Contractor shall provide ID badges for all personnel working on the University campus properties. No individual will be allowed on the University’s properties while on duty 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. K. 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. 9|P age RFP #59-P2287 L. 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 completeness, experience with similar projects, ability of the offeror and its staff, and cost based on points assigned as follows: Criteria Description Has Bid Package been signed by authorized representative of the company? - PASS/FAIL Unsigned bid packages will not be reviewed. Background and Experience: 10 | P a g e Point Assignment - Provided a brief narrative on the history of the firm (including the number of years) and ownership. = 5 points - Provided background and relevant experience providing video production services with an emphasis on institutions of higher education. = 10 points - Provided an Organizational Chart of staff that will be assigned to the University contract. = 5 points - Provided a narrative on their experience in implementing similar projects. = 5 points 25 RFP #59-P2287 Personnel/Staffing: - 15 Resume of key personnel demonstrates ability to produce high professional quality videos; camera ability; and creativity based on qualifications, education, technical training and experience. = 10 points - Provided an organizational chart with job titles and specific duties that each person will provide = 5 points Technical Approach: - Demonstrated an understanding of the University’s mission; communications objectives and its importance to the University. - The technical approach provides a comprehensive plan that includes a specific timeline including milestones, project tasks, deliverables and timeframes for completions for both long and short videos.The plan should also include expectations and commitments from the University. - Discussed the anticipated needs for access to existing University resources, including estimated number of staff hours required. = 30 points - The contractor identifies the software that will be used. = 5 points, No = 0 points - Three video samples provided. = 5 points, No = 0 points References: Based on feedback from current and past accounts of the company. This may also include information for services performed at North Carolina A&T State University. - 15 Average 5.0 or higher rating = 15 pts Average 4.0 – 4.99 rating = 10 pts Average 3.0 – 3.99 = 5 pts Average rating lower than 3.0 = 0 pts HUB: Provided a comprehensive narrative of how the company currently uses or will incorporate the use of HUB suppliers to provide the services/products as specified herein. = 5 points Cost: Based on the proposed cost submitted will determine the scores assigned to the responses. Lowest Cost Proposal = 30 points. Highest Proposal lower score. Total Possible Points 11 | P a g e 35 5 30 125 RFP #59-P2287 9. The evaluators will randomly select at least three of offeror’s references, but the evaluators’ reserve the right to contact all the references listed, if information from the three references contacted warrant further inquiry. 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. B. PROPOSAL PROCESS TIMELINE: This provides an outline of the key events for this RFP. This schedule may change, however if any changes effect Offerors, the change will be posted on the internet as an addendum, located under reference RFP #59-P2287. Key Events RFP Posted to Interactive Website Deadline for Offerors Questions (No questions will be addressed after this date.) Deadline for Proposals Oral Presentations Award and Notification Responsibility N.C. A&T State University Purchasing Department All Offerors Date Monday, December 23, 2014 All Offerors Selected Offerors (If required) N.C. A&T State University Purchasing Department Monday, January 13, 2015 Tuesday, January 20, 2015* Tuesday, January 27, 2015* Tuesday, January 6, 2015 *Dates Subject to Change V. PROPOSAL REQUIREMENTS: A. All bidders must respond to the following requirements in order for the RFP to be considered. Proposals should be thorough and detailed as possible so that the University may properly evaluate capabilities to provide the required services. Proposals not submitted in the following format shall be disqualified. The response to this RFP shall consist of the following sections: - B. CORPORATE BACKGROUND AND EXPERIENCE 1. Provide a brief narrative on the history of the firm (including the number of years) and ownership. Provide background and relevant experience providing video production services with an emphasis on institutions of higher education with a message of quality programming. 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. If the company has provided services to any North Carolina State agency, specifically noting whether a contract was terminated with the Contractor within the past five (5) years? __________________ Yes _____________________ No If contract terminated: Identify the agency and reason._____________________________________ _________________________________________________________________________________ 12 | P a g e RFP #59-P2287 4. The firm must disclose in writing any potential conflict of interest. If the owner(s) of the Contractor has any relationship with/to any N.C. A&T State University administrator, staff or faculty member. Any relationship must be disclosed as a part of the bid response. 5. Provide the total number of Contractor employees, and include the number and title of positions of those employees. C. PROJECT STAFFING AND ORGANIZATION 1. This section must include the key personnel to be assigned to this project, including biographies and/or resumes depicting current work completed over the past three (3) years. 2. The Offeror shall provide brief narrative information as to the qualifications and experience of all key personnel to conduct work on this project for the University in regards to licenses and certifications. 3. Provide an organizational chart with job titles and specific duties that each person will provide on the contract. D. REFERENCES 1. Provide contact information (minimum of five-(5)) for your references which includes contact name and title, project name and date of project start and completion, contact telephone number, address and email address, as well as a brief description of the work performed for each reference. The evaluators may randomly select at least three of these references, but the evaluators reserve the right to contact all the references listed. 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. TECHNICAL PROPOSAL 1. Project Management: Vendor is to provide a program plan to support its proposal demonstrating its ability to professionally provide the University with video equipment, production and post-production services. Provide a comprehensive timeline to include milestones, project tasks, deliverables and timeframes for completion for both short and long video production. This program plan must describe the commitments and expectations of the contractor in providing the services required by the University. The plan must also include reporting commitments and specific suggestions regarding communication, planning and performance review. 2. Locale: Disclose the location where the services required under this contract will be performed. The bidder must indicate if the company intends to utilize resources or workers 1) located outside of the United States, 2) located outside the State of North Carolina, and 3) sub-contractors that shall be used to provide services. The University must evaluate the additional risks, costs and other factors associated with such utilization to make an award for this proposal as deemed in the best interest of the University 3. Logistics: footage. Discuss how the company manages delivery processes. NC A&T will retain all video 4. University Resources: Discuss the anticipated needs for access to existing North Carolina A&T State University resources, including an estimated number of hours required of staff time. 5. Quality Checks: Discuss the process used by the company to ensure the quality of each video. Include any guarantees the company offers to the University and any process that will be used if the University and/or a buyer is not satisfied with the quality of the work. 6. Software: Identify and discuss the software that will be used to provide the services to the University. Ensure to include the name of the software and version that will be used. Discuss the reason this software is being used for this project (i.e. user friendliness, cost, etc.). 13 | P a g e RFP #59-P2287 F. HISTORICALLY UNDERUTILIZED BUSINESS (“HUB”): North Carolina A&T State University encourages the use of HUB vendors by prime contractors whenever possible. Describe in detail a plan in which the company may utilize HUB vendors (sub-contractors, suppliers, etc.) to support providing the scope of services to the University. G. SAMPLES: Must provide the following samples requested within the RFP document. Samples must be labeled with the Company Name, and Solicitation #59-P2287. 1. Please provide three (3) copies of recent work that demonstrates Contractor’s ability to produce professional quality videos. Video should also demonstrate Contractor’s ability to produce professional quality videos. Video should also demonstrate Contractor’s technical, creative and qualitative abilities. Video samples should include at least one long (3 – 5 min) and one short video (.30 sec – 2 min). Samples will be returned upon request after RFP has been awarded. 2. Based on samples provided, please include a general timeline from start to completion for the production of a short video (.30 sec – 2 min) as well as a long video (3 – 5 min). 3. In addition to the video samples, you may provide materials of your choosing that demonstrates your firm’s creativity and experience. H. COST: 1. The Cost Proposal shall be submitted on Attachment D: 2. The Cost Proposal must be in the format requested and contain all fees the University will be charged for the product and services. 14 | P a g e RFP #59-P2287 VI. 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. __NA__ The offeror can and will provide the specified performance bond or alternate performance guarantee (if applicable). _______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 45 days from the date of the opening, to furnish the subject services for a cost not to exceed the amounts listed on Attachment D: 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. BY: _________________________________ TITLE: ___________________________ DATE: __________________ (Signature) __________________________________ (Printed name) 15 | P a g e RFP #59-P2287 ************************************************************************************************************************************ 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. ATTACHMENT (A): CORPORATE BACKGROUND AND EXPERIENCE Provide the information as requested. 16 | P a g e RFP #59-P2287 ATTACHMENT (B): STAFFING INFORMATION Provide the information requested 17 | P a g e RFP #59-P2287 ATTACHMENT (C): 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. Contact Name 18 | P a g e Contact Title Telephone Number Email Address Type of Services Provided RFP #59-P2287 Project Start & Completion Dates ATTACHMENT (D): COST PROPOSAL FEE SHEET THIS EXHIBIT IS REQUIRED TO BE SUBMITTED WITH THE RFP RESPONSE POST PRODUCTION COSTS: Firm hourly rates for each job classification below will be used to establish cost for all projects assigned during the term of the Contract and all renewal options. The firm hourly rates offered must include all direct and indirect costs associated with each job classification indicated below. If additional out-of-scope work is required, the successful Vendor will be compensated based on the hourly rates quoted. Failure to offer firm hourly rats on the cost schedule shall cause the roposal to be deemed nonresponsive. Item # Position Title 1 Directing 2 Editing 3 Music 4 Graphics 5 Voice Over Artist 6 Scriptwriting 7 Other: (Please specify) 8 Other: (Please specify) 19 | P a g e Hourly Rate Paid to Employee (excluding fringe benefits and overhead costs) $ Hourly Rate Paid to Employee (including fringe benefits and overhead costs) $ RFP #59-P2287 PRODUCTION COSTS: ½ Day Production Cost (up to 5 hours) $ Full Day Production Cost (5-10 hours) $ Note: If there is not a charge for the item, put N/C not $0. Please do not provide ranges, give specific prices. Note: If there is not a charge for the item, put N/C not $0. Please do not provide ranges, give specific prices. DISCOUNT OFFERED FOR EARLY PAYMENT: _________% If invoice is paid within __________ days of properly submitted invoice as stated in the RFP. TRAVEL: The University shall pay travel using the per diem rates below. If travel is required, please include a breakdown per individual per travel event. The University Supervisor/ Project Manager must provide written approval for travel, if required. Meals:_______________ 20 | P a g e Lodging:__________________ Airfare: University shall only pay for the fare required to conduct University service(s). RFP #59-P2287 ATTACHMENT (E): 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-P2287 University Contact Person & phone #: Denise Iverson-Payne or Sharon Hoard (336) 334-7792 Solicitation Title / Type of Services: Publication of NC A&T State University Yearbook _____________________________________________________________________________ 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.) 21 | P a g e RFP #59-P2287 ATTACHMENT (F): RESPONSE CONFIRMATION Please confirm (X) the following information is included with your bid response: Yes No Is your bid signed by an authorized representative of the company? Have you responded to all questions contained in the bid package? Did you include all pages of the bid in your returned package? Did you check for any addenda? Have you enclosed a signed copy of the addenda, if required? Have you included the requested number of copies of the bid? Have you verified that all pricing and pricing extensions are calculated correctly? Have you completed the vendor information section of the bid? Did you include all the requested samples? (long/short video samples) Is your handwriting legible? Have you completed all pertinent sections of the Price Matching preference (Executive Order # 50)? Have you allowed enough time for your bid to be delivered by the date and time indicated in the bid package and properly labeled your mailing envelope? Late bids ARE NOT accepted. 22 | P a g e RFP #59-P2287 ATTACHMENT G: 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. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS CONTRACT TERM: The University is seeking an initial contract from ___________ through _______________, with the University’s option to renew the contract for two (2) additional one (1) year periods. The University shall renew such options based upon satisfactory performance and by mutual written agreement of the Contractor and University. CONTRACT EXTENSION: The University shall give the Contractor(s) written notice of its intent to extend the contract no less than sixty-(60) days prior to the expiration date. The Contractor(s) shall have thirty-(30) consecutive days from the date of receipt of the written notice to accept or take exception to any of the proposed renewal terms. The exceptions shall be negotiated between the University and the Contractor(s) shall sign the extension notice and forward it to the University Purchasing Director or designee. If no agreement can be reached, the Contractor(s) shall continue to provide services in accordance to the Contract in place at such time that a source can be contracted to perform the services. CONTRACT TERMINATION: Either party may terminate this Agreement at any time upon sixty-(60) days prior written notice to the other party. 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. 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. 23 | P a g e RFP #59-P2287 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. 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 notice by certified mail, return receipt requested. Termination will be effective as of the close of business on the date specified in the notice. 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. 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. 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. UNIVERSITY CONTRACT MONITOR ROLE AND RESPONSIBILITIES: The University’s Plumbing 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. 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. PURCHASE ORDER: The University shall issue purchase orders to be used as a vehicle of payment for invoices. 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 24 | P a g e RFP #59-P2287 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. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 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 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. 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. 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 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. 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. 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. 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. 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). 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: a. b. Forward the contractor’s payment check(s) directly to any person or entity designated by the Contractor, or Include any person or entity designated by Contractor as a joint payee on the Contractor’s payment check(s). 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. 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. 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. 25 | P a g e RFP #59-P2287 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. ADVERTISING: The offeror shall not use the award of a contract as part of any news release or commercial advertising. 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. 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, media-facilitated, or media-solicited means. By execution of the proposal document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. 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 processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 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. 26 | P a g e RFP #59-P2287 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.” 27 | P a g e RFP #59-P2287 28 | P a g e RFP #59-P2287
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