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NORTH CAROLINA AGRICULUTRAL AND TECHNICAL STATE
UNIVERSITY
Request for Proposal #59-P2313
Date of Issue:
December 9, 2015
Proposal Opening Date:
December 22, 2015
At 3:00 P.M.
ET
Direct all inquiries concerning this RFP to:
GARRY PIERCE
Email: [email protected]
Phone: 336-285-4970
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NORTH CAROLINA AGRICULTURAL and TECHNICAL STATE UNIVERSITY
Request for Proposal
#59-P2313
______________________________________________________
For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company’s Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to North Carolina General Statute 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.
This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection.
ID Number:
______________________________________________________ Federal ID Number or Social Security Number
___________________________________________________
Vendor Name3 | P a g e
FOR N.C. A&T ONLY: Offer accepted and Contract awarded this ____ day of _______________, 2015, as indicated on the attached certification, by _______________________________________________.
(Authorized Representative of North Carolina A&T State University).
EXECUTION
In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. §143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any University Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the University, or from any person seeking to do business with the University. 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.
Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted.
VENDOR:
STREET ADDRESS: P.O. BOX: ZIP:
CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:
VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL:
Offer valid for at least 60 days from date of proposal opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP.
ACCEPTANCE OF PROPOSAL
If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the North Carolina Agricultural & Technical State Universityshall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s).
NOR
TH CAROLINA AGRICULTURAL
& TECHNICAL STATE UNIVERSITY
Refer ALL Inquiries regarding this RFP to:Garry Pierce
[email protected] (Email) (336) 285-4970 (Telephone) (336) 334-7013 (Fax)
Request for Proposal # 59-P2313
Proposals will be publicly opened: December 22, 2015 Contract Type: Open Market
Commodity No. and Description: 910-66 University Roofing Repair Using Agency:Facilities
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Table of Contents
1.0
PURPOSE AND BACKGROUND
... 6
2.0
GENERAL INFORMATION
... 6
2.1
REQUEST FOR PROPOSAL DOCUMENT
... 6
2.2
NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS
... 6
2.3
RFP SCHEDULE
... 7
2.5
PROPOSAL QUESTIONS
... 8
2.6
PROPOSAL SUBMITTAL
... 8
2.7
PROPOSAL CONTENTS
... 9
2.8
NO ALTERNATE PROPOSALS
... 10
3.0
METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS
... 10
3.1
METHOD OF AWARD
... 10
Introduction ... 10
3.2
CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
13
3.3
PERFORMANCE OUTSIDE THE UNITED STATES
... 13
4.0
REQUIREMENTS
... 14
4.1
CONTRACT TERM
... 14
4.2
PRICING
... 14
4.3 INVOICES
... 14
4.4
PAYMENT TERMS
... 14
4.5
VENDOR EXPERIENCE
... 14
4.6 FINANCIAL STABILITY
... 14
4.7
REFERENCES
... 15
4.8
BACKGROUND CHECKS
... 15
4.10
VENDOR’S REPRESENTATIONS
... 16
5.0
SCOPE OF WORK
... 16
5.2
VENDOR QUALIFICATIONS
... 21
a.
LICENSE DOCUMENTS and PROCEDURAL EXPECTATIONS: ... 21
5.3
PROJECT ORGANIZATION
... 22
5.4
TECHNICAL APPROACH
... 22
5.5
ACCEPTANCE OF WORK
... 22
5.6
WARRANTIES
... 22
5.7
CERTIFICATION AND SAFETY LABELS
... 22
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6.0
CONTRACT ADMINISTRATION
... 23
6.1
PROJECT MANAGER AND CUSTOMER SERVICE
... 23
6.2
POST AWARD MANAGEMENT REVIEW MEETINGS
... 23
6.3
CONTINUOUS IMPROVEMENT
... 23
6.4
PERIODIC INSPECPTION
STATUS REPORTS
... 23
6.5
DISPUTE RESOLUTION
... 23
6.6
CONTRACT CHANGES
... 24
ATTACHMENT A: INSTRUCTIONS TO VENDORS
... 25
ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS
..28
ATTACHMENT C: CORPORATE BACKGROUND AND EXPERIENCE……….
28
ATTACHMENT D: STAFFING INFORMATION
... 34
ATTACHMENT (E): PRICING ... 35
ATTACHMENT (F): LOCATION OF WORKERS UTILIZED BY VENDOR
... 38
ATTACHMENT (G): CERTIFICATION OF FINANCIAL CONDITION
... 39
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1.0 PURPOSE AND BACKGROUND
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.
PURPOSE: North Carolina Agricultural and Technical State University (NC A&T SU) seeks bids from qualified and experienced contractors to provide labor and material to repair roofs campus wide, per the specifications herein. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.
2.0 GENERAL INFORMATION
2.1 REQUEST FOR PROPOSAL DOCUMENT
The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.
2.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS
It shall be the Vendor’s responsibility to read the Instructions, the University’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.
If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with in the instructions in Section 2.6 PROPOSAL QUESTIONS. If the University determines that any changes will be made as a result of the points raised, then such decisions will be communicated in the form of an RFP addendum. The University may also elect to leave open the possibility for later negotiation of specific components of the Contract that have been addressed during the question and answer period. Other than through this process, the University rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further
negotiation. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall
constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.
If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether a specific, proposed language modification is acceptable to or will be considered by the University. Identification of objections or exceptions to the University’s terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected. A Vendor may, however, attach a separate page to its proposal, titled
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“Request for Proposed Modifications to Terms and Conditions,” and identify specific modifications that it requests the University to consider. The University will evaluate all proposals without regard to any proposed modifications. Once a proposal has been identified as the one for which an award recommendation has been made but prior to approval of the recommendation, the University, in its sole and absolute discretion, may consider any proposed modifications attached to that proposal. Any modification(s) to the terms and condition agreed to by the University will be identified in the Certification of Award. Any ambiguity, vagueness, inconsistency or conflict, either internal to such modification(s) or arising when read in conjunction with other portions of the Contract, shall be construed strictly in favor of the University. Only those proposed modifications identified in the award certification shall be part of the Contract, and the University may ignore all proposed modifications, accept one or more and ignore others, accept all or, through negotiations prior to certification of award, agree to compromise language concerning one or more proposed modifications. By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the University may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request.
Contact with anyone working for or with the University regarding this RFP other than the University Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor’s offer, at the University’s election.
2.3 RFP SCHEDULE
The table below shows the intended schedule for this RFP. N.C. A&T will make every effort to adhere to this schedule.
Event Responsibility Date and Time
Issue RFP N.C. A&T December 9, 2015
Mandatory Site Visit Vendor / N.C. A&T December 16, 2015 @ 10:00 a.m. Submit Written Questions Vendor December 17 , 2015 @ 12:00 noon Provide Response to Questions N.C A&T December 17, 2015 @ 5:00 p.m. Submit Proposals Vendor December 22, 2015 @ 3:00 p.m.
Contract Award University December 23, 2015
Contract Effective Date University December 23, 2015
2.4
MANDATORY SITE VISIT
MANDATORY SITE VISIT
Date: December 16, 2015 Time: 10:00 AM Eastern Time
Instructions: It shall be MANDATORY that each Vendor representative be present for a pre-proposal site visit to visit the site and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this Request for Proposal. A mandatory site visit is scheduled for 10:00 AM Eastern Time in the
DeHuguley Conference Room Building at 602 North Benbow Road Greensboro, N.C. 27411. All attendees must
sign in upon arrival. LATE ARRIVALS WILL NOT BE ALLOWED TO SIGN IN, PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR PROPOSAL BE CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow.
Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this proposal.
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Vendor is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal.
2.5 PROPOSAL QUESTIONS
Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date.
Written questions shall be e-mailed to Garry Pierce at [email protected]by the date and time specified above. Vendors should enter “RFP #59-P2313 Questions” as the subject for the email. Questions submittals should
include a reference to the applicable RFP section and be submitted in a format shown below:
Reference Vendor Question
RFP Section, Page Number Vendor question…?
Questions received prior to the submission deadline date, the University’s response, and any additional terms deemed necessary by the University will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any University personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.
2.6 PROPOSAL SUBMITTAL
Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein.
Mailing address for delivery of proposal via US Postal Service
Office Address of delivery by any other method (special delivery, overnight, or any other carrier)
PROPOSAL NUMBER: 59-P2313 Attn: Garry Pierce
North Carolina A&T State University Purchasing Department
1601 E. Market Street
Greensboro, North Carolina 27411
PROPOSAL NUMBER: #59-P2313 Attn: Garry Pierce
North Carolina A&T State University Dowdy Administration Building Purchasing Department – Suite 200 Greensboro, N.C. 27411
IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein.
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Note that the U.S. Postal Service generally does not deliver mail to specified street address but to the
University’s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to e-mail, in response to this RFP shall NOT be accepted.
a) Submit One (1) signed, original executed proposal responses andone (1) un-redacted electronic copy on CD, DVD or flash drive and of your proposal simultaneously to the address identified in the table above. b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package.
c) The electronic copies of your proposal must be provided on separate read-only CD’s, DVD’s or flash drives. The files on the discs shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel.
Disc One must contain the entire Technical and Cost. Proposal including any proprietary information and have the following label affixed to the disc: 1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Disc One Technical and Cost Proposal Non-Redacted”.
2.7 PROPOSAL CONTENTS
Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order:
a) A Transmittal Letter signed, by the individual who signed the Proposal Execution Page; b) The Vendor’s Federal Employer Identification Number or Social Security Number;
c) Completed and signed version of EXECUTION PAGES, and signed receipt pages of any addenda released in conjunction with this RFP signed by an individual authorized to bind the Vendor. Unsigned proposals shall not be reviewed.
d) The Vendor’s Certification of Compliance With N.C. Gen. Stat. § 133-32 and Executive Order 24, signed by the same person who signed the Vendor’s Proposal Execution Page;
e) ATTACHMENT A: INSTRUCTIONS TO VENDORS
f) ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS g) Completed version of ATTACHMENT C: CORPORATE BACKGROUND AND EXPERIENCE h) Completed version of ATTACHMENT D: STAFFING INFORMATION
i) Completed version of ATTACHMENT E: PRICING
j) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR k) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION l) Completed version of ATTACHMENT H: TECHNICAL APPROACH
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2.8 NO ALTERNATE PROPOSALS
Vendor may NOT submit alternate proposals for various methods or levels of service(s) or any that propose different options.
2.9
DEFINITIONS
, ACRONYMS, AND ABBREVIATIONS
a) “AHJ”: Authority Having Jurisdiction. The entity that is responsible for requiring adherence to the adopted fire and life safety provisions for the property under the University jurisdiction.
b) BAFO: Best and Final Offer, submitted by a vendor to alter its initial offer, made in response to a request by the issuing agency.
c) BUYER: The employee of the University or Other Eligible Entity that places an order with the Vendor. d) COMMUNITY COLLEGE: Any of the fifty-eight (58) public North Carolina Community Colleges. e) CONTRACT LEAD: Representative of the North Carolina A&T State Universitywho corresponds with
potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the University and who will administer the contract for the University.
f) E-PROCUREMENT SERVICES: The program, system, and associated services through which the University conducts electronic procurement.
g) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid. h) LOT: A grouping of similar products within this RFP.
i) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required.
j) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. k) RFP: Request for Proposal
l) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. m) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including
its departments, boards, commissions of higher education and other institutions.
n) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal.
3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS
3.1 METHOD OF AWARD
Introduction
The University will conduct a comprehensive, fair, and impartial evaluation of the proposals received in response to this request. All proposals will be evaluated using a one-step method. As provided by statute, award will be based on the lowest and best proposal (most advantageous to the University). Cost is important but is not an overriding consideration. The award of a contract to one Vendor does not mean that the other Vendors’ proposals lack merit. The University reserves the right to reject any or all proposals. Proposals will be received from each Vendor in sealed packages - the Technical Proposal and the Cost Proposal when required. Each original shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered.
At that date and time the package containing the proposals from each responding firm will be publicly opened and the total cost offered by each firm will be tabulated and become a matter of public record. Interested
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parties are cautioned that these costs and their components are subject to further evaluation for
completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. Proposals will be evaluated as described below:
3.11 Evaluation Committee
An Evaluation Committee will read the proposals, conduct corporate and personal reference checks, score the proposals, and make a written recommendation to the Director of Purchasing. The University may change the size or composition of the committee during the review in response to exigent circumstances.
3.12 Scoring
The Evaluation Committee will score the proposals using the scoring system shown in Table below. The highest score that can be awarded to any proposal is 350 points.
Scoring System
Evaluation Factors
Highest Possible
Score Cost, Staffing and Vendor
Qualification Proposal, Technical Approach
and References
Cost Approach to RFP
(Understanding the SOW) 200 Staff Qualifications and Vendor
Plan 70
Technical Approach 50
References 30
Maximum Possible Combined Scores 350 Evaluation Phases
(a)
Phase 1: Evaluation of Staffing Qualifications Proposals(1)
Phase 1, Part 1: Purchasing will summarily review each proposal to determine whether the proposal was properly executed and timely submitted. All timely submitted proposals for which signed execution pages have been received as provided above will be forwarded to the Evaluation Committee for review. Proposals that are not forwarded to the Evaluation Committee are ineligible for contract award.(2)
Phase 1, Part 2: Each member of the Evaluation Committee will read each proposal that has been forwarded to the Committee. The members of the Evaluation Committee will score each proposal, individually, on each of the evaluation factors shown in Table above.(b)
Phase 2: Evaluation of Cost Proposals(1)
Purchasing will evaluate each Cost Proposal for completeness and reasonableness. Purchasing may reject a proposal if the Cost Proposal is incomplete or if it contains significant inconsistencies or inaccuracies. The University will determine low cost by normalizing the scores as follows:The proposal with the lowest cost will receive a score of 200. All other competing proposals will be assigned a portion of the maximum score using the following formula:
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200 x the cost of the lowest-cost Cost Proposal = Cost Score the cost of the Cost Proposal being evaluated
NOTE: Best and Final Offers (BAFO). If negotiations or subsequent offers are solicited, the Vendors shall provide BAFOs in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The University may establish a competitive range based upon evaluations of proposals, and request BAFOs from the Vendors within this range; e.g. “Finalist Vendors”. The University will evaluate BAFOs and add any additional points to the Vendors’ respective scores. Points awarded from oral presentations and product demonstrations during negotiations, if any, will be added to the previously assigned points to attain final scores.
(c) Phase 3: Determination of Successful Proposal
(1)
The Vendor whose proposal is determined to be in the best interest of the University will be recommended as the successful Vendor. The Evaluation Committee will forward this Vendor’s name to the N.C. A&T Director of Purchasing with documentation to justify the Committee’s recommendation.(2)
The N.C. A&T Director of Purchasing will review the Committee’s recommendation for compliance with Purchasing Rules and Policies for approval.(3)
When the final approval is received, N.C. A&T will notify the selected Vendor. Purchasing will post the award on the University website at www.ips.state.nc.us. The award will be posted under the applicable RFP number.(4)
The Contract between N.C. A&T and the selected Vendor shall be effective as of the date on which N.C. A&T’s authorized agent signs the Vendor’s proposal. The selected Vendor shall perform no work for N.C. A&T before that date.Oral Presentations & Clarifications
(a)
During its evaluation of the competing proposals, the Evaluation Committee may ask the Vendors to make oral presentations to the Committee regarding the contents of their Proposals. These oral presentations will be scheduled and conducted solely for the purpose of clarifying the information in the proposals. The Vendors may not use these presentations to submit new information that was not submitted in the proposals under review.(b)
The University may contact a Vendor during the evaluation period to obtain clarification regarding the Vendor’s proposal.(c)
Contract award notices are sent only to those actually awarded a contract, and not to every Vendor responding to this solicitation. Contract status and award notices are posted on the Internet at http://www.ips.state.nc.us/ips/pubmain.asp.While the intent of this RFP is to award a Contract(s) to single Vendor, the University reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the University to do so.
The status of a Vendor’s e-Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an E-Procurement Services account
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that is in arrears by 91 days or more at the time of proposal opening may, at the University’s discretion, be disqualified from further evaluation or consideration.
The University reserves the right to waive any minor informality or technicality in proposals received.
3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors 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, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the University would not be served by the disqualification. A Vendor’s proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision.
3.3
PERFORMANCE OUTSIDE THE UNITED STATES
Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the University may, for purposes of evaluating proposed or actual contract performance outside of the United States, also consider how that performance may affect the following factors to ensure that any award will be in the best interest of the University:
Total cost to the University
Level of quality provided by the Vendor
Process and performance capability across multiple jurisdictions Protection of the University’s information and intellectual property Availability of pertinent skills
Ability to understand the University’s business requirements and internal operational culture Particular risk factors such as the security of the University’s information technology
Relations with citizens and employees Contract enforcement jurisdictional issues
3.4 INTERPRETATION OF TERMS AND PHRASES
This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety.
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4.0 REQUIREMENTS
This
Section lists the requirements related to this RFP. By submitting a proposal the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the University to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.4. conditions.4.1 CONTRACT TERM
Initial Term: The Contract shall have commence within 15 consecutive calendar days after the receipt of the purchase order countersigned by the University (the “Effective Date”). The projected start date is January 5, 2016. The completion date is scheduled for March 5, 2016.
4.2 PRICING
Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the
requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT E: PRICING FORM and include in Proposal.
4.3 INVOICES
a) The Vendor must submit one invoice after each phase in which work was performed.
b) Invoices must be submitted to the following address: North Carolina A&T State University P.O. Box 20223 Greensboro, NC 27420
c) Invoices must bear the correct contract number and purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment. d) Invoices must include an accurate description of the work for which the invoice is being submitted, the
invoice date, the period of time covered, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager.
4.4 PAYMENT TERMS
a)
The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal.b)
The Vendor will be paid net thirty (30) calendar days after the Vendor’s invoice is approved by the University.4.5 VENDOR EXPERIENCE
In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.
(Attachment C)
4.6 FINANCIAL STABILITY
Each Vendor shall certify it is financially stable by completing the ATTACHMENT G: CERTIFICATION OF
FINANCIAL CONDITION. The University is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the University within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification.
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4.7 REFERENCES
Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein. The University will contact these users to determine the services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. Such information willbe considered in the evaluation of the proposal.
COMPANY NAME CONTACT NAME EMAIL ADDRESS TELEPHONE NUMBER
4.8 BACKGROUND CHECKS
Vendor and its personnel may be required to provide background checks at Vendor’s expense prior to beginning work with the University. As part of Vendor background the details below must be provided to the University:
(1) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of Vendor, its officers or directors, or any of its employees or other personnel to provide services on this project, of which Vendor has knowledge or a statement that it is aware of none;
(2) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is aware of none;
(3) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings;
(4) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none.
(5) Any civil litigation, arbitration, proceeding, or judgments pending against Vendor during the three (3) years preceding submission of its proposal herein or a statement that there are none.
Vendor’s responses to these requests shall be considered to be continuing representations, and Vendor’s failure to notify the University within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform services under this contract.
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4.9 PERSONNEL
Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The University will approve or disapprove the requested substitution in a timely manner. The University may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the University may request acceptable substitute personnel or terminate the contract services provided by such personnel.
4.10
VENDOR’S REPRESENTATIONS
a) Vendor warrants that qualified personnel shall provide services under this Contract in a professional manner. “Professional manner” means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the University under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the University. Names of any third party vendors or
subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).
b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and
Deliverables.
c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.
5.0 SCOPE OF WORK
5.1
GENERAL
North Carolina Agricultural and Technical State University (NC A&T SU) seeks bids from qualified and experienced contractors to provide labor and material to repair roofs campus wide, per the specifications herein.
WORK SITES:
Merrick; IRC Roof (A); IRC Roof (B); Smith Hall; Web Hall; Benbow Hall; Bluford Library; Carver Hall; Dowdy and 1020 Wendover
5.2.0
TASKS
The contractor will provide all the labor, supervision, materials, tools, and equipment to perform all work in a professional manner using approved methods and manufacturer’s specifications for the application of all products used. This contract will be for, but not limited to the following: Edwards Fire Alarm Control Panels; All Generic Alarm Panels and peripheral devices in all university facilities.
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UNIVERSITY WIDE ROOF REPAIRS
I.
MERRICK HALL ROOF REPAIRS
1. Clean and repair all areas that are deteriorated thru to existing insulation.
2. Pressure wash and clean approximately (55 sq.) of existing top roof membrane and allow to completely dry. 3. Apply Geogard LO base coat at a rate of (1 V2 gallons per sq.) and inbed permafab into the base coat at all new and old repairs.
4. After base coat has completely dried install Geogard top coat at a rate of (1 gallon per sq.).
5. Remove all clamping rings before coating roof surface. Reinstall all clamping rings after coating has completely dried
.
II.
IRC ROOF (A) REPAIRS
1. Cut all blisters and torch membrane back down. Torch a new (app) cap sheet patch over repaired blister. Cut and repair wrinkles at metal edge with cold adhesive and (MB) cap sheet.
2. Pressure wash roof (approx. 2150 sq. ft.) and allow to completely dry. Strip all seams new and old repairs with (Geogard base coat LO) and 4" Permafab .
Allow stripping to dry coat entire roof surface with (1 coat of Geogard base coat at a rate of (2 gallons per sq.). 3. After base coat has completely dried install (Geogard top coat at a rate of (1 gallon per sq.)
(Finish coat to be installed on the weekend only.)
4. Remove all clamping rings before coating roof surface reinstall all clamping rings after coating has completely dried.
III.
IRC ROOF (B) REPAIRS
1. Cut blister and torch membrane down. Torch a new (APP) cap sheet patch over repaired blister. Cut and repair wrinkles at metal edge with cold adhesive and (MB) cap sheet.
2. Pressure wash roof (approx. 600 sq. ft.) and allow to completely dry prime (MB) cap sheet with (Alphagard WB primer) at a rate of (200 sq. ft. per gallon) and apply Alphagard WB primer to all metal surfaces. Install Alphagard (MT) base coat at a rate of (4 gallons per sq.) And imbed glass mat into base coat. After base coat has completely dried and within (72 hrs.) apply Alphagard MT top coat at a rate of (2) gallons per sq.
3. Remover all clamping rings before coating roof surface reinstall all clamping rings after coating has completely dried.
IV.
SMITH HALL ROOF REPAIRS
1. Lightly pressure wash roof surface area on the west side of the roof approx. (40 x70). 2. Repair holes on the west side of the roof.
3. Install Geogard LO base coat and 4" Permafab at the edge of each walk pad.
4. Install Geogard LO base coat to the roof surface at a rate of (1 11 gallons per sq). After (1 day) install Geogard finish coat at a rate of (1) gallon per sq.
V.
WEBB HALL ROOF REPAIRS
1. Replace wall panel at south west corner of the roof to match existing panels.
2. Unclog (1) drain on the (ne) corner ofthe roof repair the base flashing on (ne) corner with (3) course of sheet bond BURmastic and Ply roof lv . And paint with Alumanation 301.
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VI.
DOWDY BUILDING ROOF REPAIRS
1. Remove threshold at the door on the roof And remove caulk .primer install new caulk at both doors. 2. Remove weather stripping at the doors and replace with new weather stripping and caulk.
3. Remove extender metal flashing and apply (3) course flashing using Polyroofand BURmastic. Replace extender metal and caulk top of wall flashing.
VII.
BLUFORD LIBRARY ROOF REPAIRS
1. Clean and apply Geogard base coat to all curb flashing and corners and roof drains pitch pans and round pipes after (1) day apply Geogard top coat.
2. Cut open membrane at (1) south west corner replace wet insulation with new to match the existing. Heat weld new (top) membrane over the new insulation. Apply base coat and Geogard top coat.
3. Apply Geogard base and top coat to (42) previously repaired areas.
4. Clean caulk at perimeter of(4) doors on the roof. Prime and caulk with Thennaseal caulk.
5. Repair (2) cuts and (100 LF) of open seam with Pennafab mesh and Geogard base and top coat.
VIII.
1020 WENDOVER ROOF REPAIRS
1. Inspect and repair open seams with Polyroof (Iv) and BURmastic. 2. Paint all (MB) base flashing with (2) coat of Alumanation ( 301 ) 3. Water test all roof drains (4).
IX.
BENBOW HALL ROOF REPAIRS
1. Broom back gravel and spud down to the existing felts (1ft x 64 ft ) on the west wall and (1ft x 24 ft) on the north wall .
2. Install (3) course flashing using Polyroof (Iv) and BURmastic at base flashing. 3. Broom gravel over repaired areas.
X.
CARVER HALL ROOF REPAIRS
1. Broom back gravel and spud (1 ft x 50 ft ) at the parapet wall
2. At the exhaust fans (3-4 -5) curbs strip base and the round pipes with Polyroof 3. Install (3) course stripping at the base flashing with Polyroof and BURmastic. 4. Paint base flashings with (2) coats Alumanation (301).
NOTE: Certain additional services may be required by the respective Authorities Having Jurisdiction (AHJ). NFPA: Local AHJs or internal organizational requirements may be more restrictive than state requirements. The building owner or manager should make them self-aware of applicable codes and references in order to ensure that contracted services are in compliance with (and fulfill) all requirements.
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MISCELLANEOUS:
Contractor is not to stand on any furniture.
Smoking is prohibited in all buildings.
Possession of firearms is prohibited on University property
RESPONSE TIMES: While under 12 month warranty, the Contractor will respond to regular calls for service within 24 hours; Contractor will respond to emergency calls for service with-in 2 hours of contact by the Facilities Office. This will include 24-hour service, 7 days a week year round.
Normal Working Hours/Overtime Hours: The normal working hours for this contract shall be Monday through Friday, 7:00 - 5:00 p.m. Overtime hours shall start at 5:00 p.m. and on weekends (Saturday and Sunday) and holidays. Work must be requested in writing by the contractor and approved by the Project Manager prior to any work being performed during after hours, weekends, and holidays. Any work performed without the prior approval of the Project Manager maybe subject to non-payment by NC A&T SU
OVER TIME: After hours overtime will start after 5:00 p.m. Over time will be paid at time and a half for any work done after hours, holidays, and weekends.
EQUIPMENT / TOOLS:The Contractor will provide all equipment, tools, and transportation for their staff.
Equipment and tools shall be equipment and tools normally used in the commercial roofing trade, such as, but not limited to all hand and power tools of various types and sizes required for repair and installation, standard roofing equipment, ladders of various types and sizes, and all required employee safety equipment, etc.
MATERIALS:Contractor may be required per the request of the University to supply parts and/or material for certain jobs these materials should be included in the initial proposal for job specified. A markup shall not be allowed to be added to the invoice. Contractor must submit original invoice for parts and supplies. All receipts shall be submitted to the designated University’s Project Manager or assigned Physical Plant Personnel.
INVOICE:All work must be completed, inspected, and approved by the University’s Physical Plant Director or the designated assigned Project Manager before submitting invoices for payment. Invoices must
reference a valid purchase order number issued from the University. Invoices should show a breakdown labor hour, invoices for parts, supplies and/or rental equipment.
RENTAL EQUIPMENT:The Contractor may be required to use rental equipment not normally used in their trade and may charge the University for such rental. The contractor shall be allowed to charge a fair market rate for pick-up and return of rental equipment for equipment picked pick-up and returned by the contractor. No markpick-up charge shall be allowed to be added to the invoice for rental equipment delivered to the job site. No markup will be allowed. The Contractor must submit a copy of the original invoice for rental equipment. All receipts shall be submitted to the University’s Project Manager.
The University reserves the right to rent all rental equipment.
OVERHEAD:All overhead, travel expense, and profit should be included in the project rates.
TIME AND MATERIAL REPORTING:The Contractor shall provide a written proposal before proceeding to do any work for the University under this contract. The proposal shall include labor, parts, supplies and/or rental
equipment.
No work shall begin without a University approved purchase order.
At no time shall the invoice submitted for payment exceed the original proposal submitted unless approved in advance and deemed to be an unforeseen condition, also the contractor shall make price adjustments to their invoices when the actual work performed is determined to be less than the proposed price originally submitted. PAYMENT:Payment shall be made within thirty (30) days of invoice submittal.
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WORKMANSHIP:All workmanship and materials necessary for any job shall be of high quality to be acceptable. N.C. A&T State University reserves the right to be the sole judge as to what constitutes a satisfactory job. WARRANTY:Standard one (1) year warranty on workmanship and all manufacturer warranties on all materials required for project completion.
COST OF PROPOSAL PREPARATION:Any costs incurred by the Offeror in preparing or submitting proposals are the Offerors sole responsibility; the University shall not reimburse any Offeror for any costs incurred prior to award. CONTRACT START DATE:The contract and work shall begin January 5, 2016 or upon the receipt of a purchase order whichever comes first.
If work cannot begin on stated date, contractor shall begin the work by_________________.
PARKING REGULATIONS:Vehicles belonging to the Contractor and/or their employees should only be driven on streets and service drives. Vehicles should not be parked at any time on the sidewalks or grass. Parking permits may be purchased from the University Parking Services in Ward Hall on Laurel Street.
Contractors and/or their employee’s vehicles ticketed or towed for violation of campus parking regulations are the sole responsibility of the Contractor and/or their employees.
AWARD TERMS:This contract shall be awarded at the discretion of the University based on the capabilities and overall reputation of companies solicited governed by the evaluation criteria contained within.
CONTRACT AWARD: It is the general intent of the University to award this contract to the most responsive and responsible Offeror. Award of a contract to one Offeror does not mean that the other quotes lacked merit, but that all factors considered the selected quotes were deemed most beneficial to NC A&T State University. Acceptance shall be confirmed by the issuance of a purchase order from the University.
AWARD CRITERIA: The right is reserved to award this contract to a single overall bidder on all items, or to make awards on the basis of individual items or groups of items, whichever shall be considered by the University to be MOST ADVANTAGEOUS OR TO CONSTITUTE ITS BEST INTEREST. BIDDERS SHOULD SHOW UNIT PRICES, BUT ARE REQUESTED ALSO TO OFFER a lump sum price.
This contract is strictly for the convenience of the University. The University reserves the right under this contract to solicit additional quotes if deemed to be in the best interest of the University.
CONTRACT CANCELLATION DUE TO UNSATISFACTORY PERFORMANCE AND/OR WORKMANSHIP: The general reputation and performance of the Contractor is a reflection on NC A&T State University. This contract may be cancelled at any time by reason of unsatisfactory work performance or other default of the Contractor upon written notice by the University. The University at their discretion reserves the right to contract with the next lowest bidder if deemed to be in the best interest of the University.
BASIS FOR REJECTION: Pursuant to 9 NCAC 06B.0401, the University reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered; non-compliance with the requirements or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the University; cancellation or other changes in the intended project, or other determination that the proposed requirement is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offers; or any other determination that rejection would be in the best interest of the University.
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5.2 VENDOR QUALIFICATIONS
Vendors must demonstrate that it meets the following qualifications in its proposal response: A. BIDDER QUALIFICATIONS:
(A copy of required licenses must be provided with solicitation submission.) GENERAL QUALIFICATIONS
The contractor shall have at least five (5) years of commercial level experience as a roofer and shall provide documentation of said experience in bid package.
Contractor shall be one regularly engaged in the roofing field and maintain a business in said trade.
All information will be considered in the evaluation of the bid.
a. LICENSE DOCUMENTS and PROCEDURAL EXPECTATIONS: License Documents and Procedural Expectations Yes No
Contractor must be licensed installers and provide in their proposal package current documentation for the following roofing manufacturers:
TAMKO
TREMCO
JOHN MANVILLE
GAF
FIRESTONE
SIPLAS
VERSICO
b. BIDDER SHALL FURNISH THE FOLLOWING INFORMATION WITH THE BID OR AS NOTED:
Number of years of Commercial Roofing Experience
References as specified on Reference Sheet Background information on organization
Include information on at least three (3) previous contracts similar in size and character
detailing experience with commercial roofing projects.
Must provide a projected work schedule and staffing sheet based upon the Scope of Work entailed.
A copy of your insurance certificate within 10 days of award notice. (Contractor must maintain the minimum amount of insurance required by State of North Carolina and referenced NC Terms and Sub-contractors must be duly licensed in their said trades. See North Carolina General Statute 87-1 for additional licensing information (if applicable).
Service Location: The selected Contractor must have a service location with the capability to respond within 24 hours of service request of the NC A & T State University Campus in order to provide any necessary services in a timely manner while under warranty period.
License Documents:
Bonded……… Yes________ No.________
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5.3 PROJECT ORGANIZATION
Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP, and identify the responsibilities to be assigned to each person Vendor proposes to staff the work. (Attachment D)
5.4 TECHNICAL APPROACH
Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the
schedule for accomplishing each shall be included. (Attachment H)
5.5 ACCEPTANCE OF WORK
In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the University shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the University shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the University may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina.
5.6 WARRANTIES
Vendor warrants to the University that all items furnished will be new (unless otherwise specifically requested in this RFP), of good material and workmanship, and Vendor agrees to replace any items which fail to comply with the specifications by reason of defective material or workmanship under normal use, free of University’s negligence or accident for a minimum of twelve (12) months from date of acceptance. Such replacement shall include
transportation costs free of any charge to the University. This statement is not intended to limit any additional coverage, which may normally be associated with a product. Vendor shall assign to the State all third party
warranties applicable to such deliverables. Vendor warrants that the University has all rights necessary to utilize all deliverables for their intended purpose free from all third party claims.
5.7 CERTIFICATION AND SAFETY LABELS
PRODUCT SAFETY LISTING: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. Having the appropriate certification or safety label affixed to any device delivered pursuant to this solicitation, under the conditions described above, is a material condition of any contract awarded as a result of this solicitation. All costs for product and industry certifications and listings required to supply conforming products to the University as described in this RFP are the sole responsibility of the Vendor. The certification or safety label shall be affixed and be visible on the OUTSIDE of the all products that require a certification or safety label in order to pass the State Quality Acceptance Inspection.
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5.8 TRANSITION ASSISTANCE
If this Contract is not renewed at the end of this term, or is canceled prior to its expiration, for any reason, Vendor must provide for up to three (3) months after the expiration or cancellation of this Contract, all such reasonable transition assistance requested by the University, to allow for the expired or canceled portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to the University or its designees. Such transition assistance will be deemed by the parties to be governed by the terms and
conditions of this Contract, (notwithstanding this expiration or cancellation) except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The University shall pay Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Contract for performance of the services or other resources utilized.
6.0 CONTRACT ADMINISTRATION
6.1 PROJECT MANAGER AND CUSTOMER SERVICE
The Vendor shall designate and make available to the State a project manager. The project manager shall be the University’s point of contact for contract related issues and issues concerning performance, progress review, scheduling and service.
6.2 POST AWARD MANAGEMENT REVIEW MEETINGS
The Vendor, at the request of the University, shall meet periodically at least bi-annuallywith the University for Project Review meetings. The purpose of these meetings will be to review project progress reports, discuss Vendor and University performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics.
6.3 CONTINUOUS IMPROVEMENT
The University encourages the Vendor to identify opportunities to reduce the total cost the University. A continuous improvement effort consisting of various ideas to enhance business efficiencies will be discussed at the periodic Business Review Meetings.
6.4 PERIODIC INSPECPTION
STATUS REPORTS
If required, the Vendor shall provide all inspection Reports to the designated Contract Lead no later than 30 days after all inspections. This report shall include, at a minimum, information concerning: Panel parts and materials; batteries and components; Etc.These reports shall be well organized and easy to read. The Vendor shall submit these reports electronically using Microsoft Excel and, as needed, either Microsoft PowerPoint or Microsoft Word. The Vendor shall submit the reports in a timely manner and on a regular schedule as agreed by the parties. Within 10 business days of the award of the Contract the Vendor shall submit a final work plan and a sample report, both to the designated Contract Lead for approval.
6.5 DISPUTE RESOLUTION
The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the University’s Contract Lead for resolution. A claim by the University shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall negotiate in good faith and use all
reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute.
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6.6 CONTRACT CHANGES
Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the University and Vendor.
