59-P2287 - North Carolina Interactive Purchasing System

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.
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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.
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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. QUESTIONS/REQUEST FOR ADDITIONAL INFORMATION:
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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.
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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.
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Answers will be posted to IPS as an addendum by 5:00 p.m. Eastern Daylight Time, January 7, 2015.
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Please insert “Questions 59-P2287” as the subject for the email.
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The questions are to be submitted in the following format:
Citation
Vendor Question
The University’s Response
Bid Section
Page Number
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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3. The primary goals are as follows:
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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:
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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.
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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.
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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?
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PASS/FAIL
Unsigned bid packages will not be
reviewed.
Background and Experience:
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Point Assignment
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Provided a brief narrative on the
history of the firm (including the
number of years) and ownership.
= 5 points
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Provided background and
relevant experience providing
video production services with an
emphasis on institutions of higher
education. = 10 points
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Provided an Organizational Chart of staff
that will be assigned to the University
contract. = 5 points
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Provided a narrative on their experience
in implementing similar projects. = 5
points
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RFP #59-P2287
Personnel/Staffing:
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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
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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.
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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.
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Discussed the anticipated needs for
access to existing University resources,
including estimated number of staff
hours required. = 30 points
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The contractor identifies the software
that will be used. = 5 points, No = 0
points
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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.
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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
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35
5
30
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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._____________________________________
_________________________________________________________________________________
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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.).
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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.
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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)
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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.
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RFP #59-P2287
ATTACHMENT (B): STAFFING INFORMATION
Provide the information requested
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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
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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)
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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:_______________
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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.)
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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.
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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.
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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
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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.
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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.
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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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