STATE OF NORTH CAROLINA

DEPARTMENT OF PUBLIC SAFETY – EMERGENCY MANAGEMENT

Hazard Mitigation Assistance (HMA) Program

PRIME CONTRACTORS FOR

RESIDENTIAL CONSTRUCTION SERVICES

ACQUISITION AND DEMOLITION

Request for Prequalification (RFPQ) #: 19-RFPQ-2327812727 -TMM

Date of Issue: August 5, 2025

Application Opening Date: Applications Accepted on an Ongoing Basis* until

July 31, 2028 at 2:00 PM ET

*NOTE: Applications received before the Opening Date will be processed upon receipt.

Direct all inquiries concerning this RFPQ to:

Melissa Teen

Procurement Manager

Email: melissa.teen@ncdps.gov

EXECUTION

By executing this Request for Prequalification (RFPQ), the undersigned Vendor understands that False certification is a Class I felony and certifies that:

▪ 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

▪ it is not an ineligible Vendor as set forth in G.S. §143-59.1.

Furthermore, by executing this RFPQ, 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 future Contract awarded as a result of this RFPQ, 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 State 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 State, or from any person seeking to do business with the State. By execution of this RFPQ, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Failure to execute/sign RFPQ prior to submittal shall render Application invalid and it will be REJECTED.

COMPLETE/FORMAL NAME OF 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 #12):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

APPLICATION APPROVED - ADDED TO PREQUALIFIED LIST

This RFPQ by itself is NOT a Contract. It does not guarantee work. This RFPQ in combination with individual Requests for Bid (“RFB”), BAFOs, and other potential documents will constitute the contracts. If prequalification later results in a contract, you will be expected to accept the NORTH CAROLINA GENERAL TERMS AND CONDITIONS as part of the Contract. Any discrepancies or differences between this RFPQ and subsequent IFBs will be resolved in favor of the IFBs.

FOR STATE USE ONLY: Vendor added to the Prequalified List this ________ day of __________________, 20______, as indicated on

The attached notification, by ____________________________________________________________________.

(Authorized Representative of Department of Public Safety)

STATE OF NORTH CAROLINA

Department of Public Safety

Refer ALL Inquiries regarding this RFPQ to:

Melissa Teen at melissa.teen@ncdps.gov

Request for Prequalification # 19-RFPQ-2327812727 -TMM

Applications Accepted Ongoing Basis Until: July 31, 2027 at 5:00 pm ET

Using Agency: NCEM, Hazard Mitigation Commodity No. and Description: 721110, Residential

Construction Services in the state of North Carolina Requisition No: NA https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_09.2020.pdf mailto:melissa.teen@ncdps.gov

CONTENTS

1.0 PURPOSE AND BACKGROUND

1.1 PREQUALIFICATION

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PREQUALIFICATION SCHEDULE

2.2 QUESTIONS

2.3 RFPQ SUBMITTAL

2.4 PREQUALIFIED CONTENTS

2.5 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF PREQUALIFICATION AND EVALUATION PROCESS

3.1 METHOD OF PREQUALIFICATION

3.2 CONTRACT AWARD METHODOLOGY

3.3 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.4 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PROJECT PRICING AND CHANGE ORDERS

4.2 INVOICES

4.3 FINANCIAL STABILITY

4.4 PRIME CONTRACTOR EXPERIENCE

4.5 REFERENCES

4.6 BACKGROUND CHECKS

4.7 PERSONNEL

5.0 SCOPE OF WORK

5.1 GENERAL

5.2 ACQUISITION PROCESS

5.3 DEMOLITION PROCESS

5.4 PROJECTS/DELIVERABLES

5.5 ADDITIONAL REQUIREMENTS

6.0 SCOPE OF PREQUALIFICATION

6.1 PREQUALIFICATION TERMS

6.2 PREQUALIFICATION ONGOING PERFORMANCE EVALUATION/RECISSION

6.3 NO GUARANTEE OF VOLUME OR USAGE

6.4 SCOPE OF WORK AUTHORIZATION AND COMPENSATION

7.0 PROJECT ADMINISTRATION

7.1 PROJECT ADMINISTRATION AND WORK FORCES

7.2 CONSTRUCTION SERVICES MANAGER

7.3 SAFETY OFFICER

7.4 REPORTING REQUIREMENTS

ATTACHMENT A: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT B: PREQUALIFICATION QUESTIONNAIRE

SECTION 2: GENERAL REQUIREMENTS

SECTION 3: ACQUISITON AND DEMOLOTION SERVICES SPECIFIC QUALIFICATIONS

ATTACHMENT C: PREQUALIFICATION POLICY

ATTACHMENT D: CUSTOMER REFERENCE

ATTACHMENT F: ALCOHOL/DRUG-FREE WORK PLACE POLICY

ATTACHMENT G: REQUIRED ELEMENTS FOR UTILIZATION OF FEDERAL FUNDS

ATTACHMENT H: CERTIFICATION REGARDING LOBBYING

Bid Number: 19-RFPQ-2327812727 -TMM Vendor: ___________________________________

1.0 PURPOSE AND BACKGROUND

The North Carolina Department of Public Safety (DPS), Division of Emergency Management (NCEM), Hazard Mitigation Office is seeking to qualify highly skilled Prime Contractors to perform residential property acquisition and structure demolition services located across North Carolina. This work will be completed through the NCEM Hazard Mitigation program and includes, but is not limited to, project scoping, pre-construction services, construction/demolition activities, post-construction services, and closeout services of eligible structures.

1.1 PREQUALIFICATION

This RFPQ, by itself, is not a contract. It is merely the first part of a potential contract that will also include the individual Invitation to Bid (IFB), potential BAFOs (Best and Final Offers), and any other additional documents or amendments. Prequalified Prime Contractors will have the ability to bid upon residential construction services for projects administered by NCEM as the need arises.

The intent of the RFPQ is to accept applications on an ongoing basis to establish a list of prequalified Prime Contractors. Applications shall be submitted in accordance with this RFPQ, and any addenda issued hereto.

Vendors that have previously submitted applications for Prime Contractors for Residential Construction Services, under 19-RFPQ-1653309857-GSX, and have previously been qualified for acquisition and demolition services will not have to re-qualify under this RFPQ. All vendors qualified under the aforementioned RFPQ, or under this RFPQ will be required to reapply when the next Pre-Qualification Period is posted for Solicitation. Qualified Award Memos must be submitted with bid packages.

THE REST OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PREQUALIFICATION SCHEDULE

The table below shows the intended schedule of this RFPQ. NCEM is currently distributing IFBs as of August 2025.

It is highly recommended to have applications submitted as soon as possible to be considered for upcoming rounds of IFBs.

EVENT RESPONSIBILITY DATE AND TIME

Issue Request for Prequalification State August 5 27, 2026

Submit Written Questions Vendor Ongoing through June 30, 2028 by 2:00 pm ET

Provide Response to Questions State Ongoing within 2 weeks of receipt of questions

Submit Applications Vendor Applications Accepted on an Ongoing Basis until July

31, 2028 at 5:00 pm ET.

Prequalification Award State Open-Decisions on Applications will be as soon as applicable after submission

Prequalification Effective Date State Date Prime Contractor receives notice that application was approved

2.2 QUESTIONS

Upon review of the RFPQ documents, Vendors may have questions to clarify or interpret the RFPQ in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the

“Submit Written Questions” date and time provided in the RFPQ SCHEDULE Section above, unless modified by

Addendum.

Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the RFPQ

SCHEDULE Section of this IFB. Vendors will enter “19-RFPQ-2327812727 -TMM – Questions” as the subject of the message. Question submittals should include a reference to the applicable IFB section. This is the only manner in which questions will be received.

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement

Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30

AM ET to 5:00 PM ET.

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an

Addendum to this RFPQ. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the IFB and an addendum to this IFB.

2.3 RFPQ SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this RFPQ by the specified time and date of opening. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bids(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendor’s bids for this procurement must be submitted through the Sourcing Tool. For training on how to use the

Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement

Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30

AM EST to 5:00 PM EST.

Tips for Using the Sourcing Tool

1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk.

2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response.

3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted.

4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State.

Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted.

5. Only Bids submitted through the Content Section of the Ariba Sourcing Event will be considered. Bids submitted through the Message Board will not be accepted or considered for award.

If confidential and proprietary information is included in the bid, also submit one (1) signed, REDACTED copy of the bid. Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services, or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the

Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the bid with its bid submission, the Department may release an unredacted version if a record request is received.

https://eprocurement.nc.gov/training/vendor-training

2.4 PREQUALIFIED CONTENTS

The below items are required to be submitted by the Vendor in order to be considered for prequalification.

Vendor shall populate all attachments of this RFPQ that require the Vendor to provide information and include an authorized signature where requested, as outlined below. Vendor responses shall include the following items:

1) Per Section 4.4 Demonstration of Vendor Experience

2) ATTACHMENT A: LOCATION OF WORKERS UTILIZED BY VENDOR

3) ATTACHMENT B: PREQUALIFICATION QUESTIONNAIRE

• SECTION 1: GENERAL COMPANY INFORMATION

• SECTION 2: GENERAL REQUIREMENTS

• SECTION 3: CONSTRUCTION SERVICES AND AREA OF CONSTRUCTION

4) ATTACHMENT D: CUSTOMER REFERENCE

5) ATTACHMENT E: CERTIFICATION REGARDING LOBBYING

2.5 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

a) ACQUISITION: The process of purchasing property from their owners to permanently eliminate the risk of flood damage to buildings in a floodplain. Existing structures will be demolished and/or relocated and the acquired land converted to open “green” space. Green space includes all primary structures, outbuildings and debris that may be on the property. The property shall be deed-restricted in perpetuity, having land-use restrictions consistent with 44 C.F.R. part 80.

b) APPLICATION: This Request for Prequalification and Prime Contractor’s Application.

c) AUDIT: The contract(s) awarded pursuant to this RFPQ are subject to audits by state and federal agencies and/or their authorized independent auditors. The auditors may conduct contract performance, financial and/or forensic/fraud audits.

d) CONSTRUCTION SERVICES MANAGER (CM): A North Carolina licensed General Contractor (GC) with construction management experience that will provide NCEM construction/demolition management services.

e) DEMOLITION: The process of demolishing any building or structure in order to convert the land to open “green” space.

f) DESIGN FLOOD ELEVATION (DFE): The regulatory flood elevation adopted by the local community which is equal to the base flood elevation plus freeboard and wave action, if applicable.

g) FREEBOARD: Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. The amount of freeboard required for each project shall be verified with the local jurisdictions.

h) GC: General Contractor, licensed in the State of North Carolina.

i) LOCAL: Any town, city, county, or other local jurisdiction including any of its sub-units and political subdivision recognized under local and North Carolina law.

j) PRIME CONTRACTOR: The person or firm responsible for daily oversight of the project. This includes providing construction management, subcontracting construction services, managing timelines and budgets, acquiring the necessary designs and permits, as well as ensuring all inspections and certificates are acquired by completion of the project. Prime Contractor will be used interchangeably with Vendor throughout this RFPQ and subsequent documents.

k) RFB: Request for Bid.

l) RFPQ: Request for Prequalification.

m) SCOPE OF WORK: The agreed-upon duties and responsibilities of the Prime Contractor for each project site.

The Scope of Work may only be altered by a change order.

n) STATE: The State of North Carolina, including any of its sub-units and political subdivision recognized under

North Carolina law.

o) STATE AGENCY: For purposes of this RFPQ, any sub-unit within the executive branch of the State, State Officials or Council of State Agencies that may have statutory, managerial or regulatory duties arising from or related to this RFPQ, State Disaster Recovery Acts of 2016, 2017 and 2018, and subsequent acts, and/or Hazard Mitigation Grant Program (HMGP) and these sub-units include but are not limited to: North Carolina Emergency Management (NCEM), Governor’s Office, Department of Public Safety (including NCEM and Division of Purchase & Logistics), Department of Administration (including State Construction Office and Purchase and Contract), State Building Commission, Department of Insurance, Department of Labor, Department of Insurance, Office of State Auditor, Office of the State Controller, Office of State Budget and Management, State Treasurer, Office of the Attorney General, and State licensing boards.

p) VENDOR: The person or firm responsible for daily oversight of the project. This includes providing construction management, subcontracting construction services, managing timelines and budgets, acquiring the necessary designs and permits, as well as ensuring all inspections and certificates are acquired by completion of the project. Prime Contractor will be used interchangeably with Vendor throughout this RFPQ and subsequent documents.

q) WORK ORDER: Specific, written authorization to perform the task(s) listed therein.

3.0 METHOD OF PREQUALIFICATION AND EVALUATION PROCESS

3.1 METHOD OF PREQUALIFICATION

In addition to the requirements below, Prime Contractors shall complete the Prequalification Questionnaire at Attachment B. The Prime Contractor’s qualifications will be scored and evaluated as reflected in the Prequalification Form. The minimum scoring for prequalification as to a Prime Contractor’s ability shall be 80 out of 100.

All Prime Contractors that receive a total combined score of 80 or above will be prequalified for bidding on contracts. Prime Contractors not qualified will be informed of the reasons and scores that resulted in the decision.

Prime Contractors shall follow the policy in Attachment C if they desire further review of the prequalification decision or want to protest the decision. Prime Contractors denied prequalification can seek prequalification after rectifying deficiencies of this RFPQ.

1. MINIMUM REQUIREMENTS

1.a. Primary/Main Office Location (PASS/FAIL)

1.b. Business Type (PASS/FAIL)

1.c. Bid-rigging, bribery, conflicts of interest (PASS/FAIL)

1.c. NC License #, Limit/Level, Type (PASS/FAIL)

1.d. Type of Work Performed (PASS/FAIL)

1.e. Evidence of Bonding (PASS/FAIL)

1.f. Funds Expended by Surety? (If no funds expended by surety company, give 3 points. If no explanation given, disaqualified.)

1.g. Evidence of Insurance (PASS/FAIL)

1.h. Financials (PASS/FAIL)

1.i. Barred from Bidding (PASS/FAIL)

2. GENERAL REQUIREMENTS

Experience - Size/Capacity/Workload

2.a.(1) Annual Dollar Value Past 3 Years (Give 1 point for each year of information provided)

2.b. 3 largest contracts related to prequalification (0-9 points. For each project listed, give 2 points for each positive reference from the owner and 1 point from the architect/designer.)

2.c. NC Office Management (If office location is managed and directed from NC office, give 4 points. If not, give 0 points.)

Litigations/Claims

2.d. Judgements/claims, arbitration, mediation proceedings, or suits pending or outstanding (If no, give 2 points.

If yes, give 0 points)

2.e. Failed to complete work (If no, give 3 points. If yes, give 0 points)

2.f. Paid liquidated damages (If no, give 3 points. If yes with sufficient explanation, give 1 point. If yes without sufficient explanation, give 0) points)

2.g. Convicted of charges (If no, give 3 points. If yes, give 0 points)

Safety Record

2.h. EMR (If EMR rate for each of the past three years is less than or equal to 1 then give 5 points. If not, give 0 points.)

Historically Underutilized Business (HUB) Plan and Record

2.i. Documented HUB Plan and Participation (If company has attached plan, give 2 points. If not, give 0 points.)

3. PROJECT SPECIFICS

3.a. Construction/Administrative Service Type Experience (1 point for each service type checked, 2 points for State of Experience provided per subject area).

3.b. Capacity for Services

3.c. Construction Area

3.d. Construction Services Manager (Resume, give 5 points)

3.e. Construction Services Manager Experience (If 0-2 years, give 2 points; 3-4 years, give 3 points; 5-10 years, give 4 points; greater than 10 years, give 5 points)

3.a. Construction/Administrative Service Type Experience (1 point for each service type checked, 2 points for State of Experience provided per subject area).

3.2 CONTRACT AWARD METHODOLOGY

Due to the nature of these projects, only Prime Contractors prequalified for residential construction services through the RFPQ process will have the ability to bid upon subsequent IFBs. All qualified bids will be evaluated, and award(s) will be made based on the qualified bid(s) offering the preferred project timeframes with the lowest responsible price, best value or other methodology that meets the best interest of the State. The individual IFBs will indicate the particular evaluation methodology that will be used for that IFB.

While the intent of subsequent IFBs will be to award Contract(s) to a single Prime Contractor for each line item, the State reserves the right to make separate awards to different Prime Contractors for one or more-line items, to not award any portion of the goods or Services, or to cancel an IFB in its entirety without awarding a contract, if it is considered to be most advantageous to the State to do so. NCEM will award projects in a process that is in the best interest of the Hazard Mitigation program and/or specific areas and communities.

There will be three different methods of awarding construction service contracts, further defined below:

1. Contracts up to $29,999.99 may be awarded via assignment to a Prime Contractor pursuant to N.C.G.S. § 143-131.

2. Contracts between $30,000.00 and $499,999.00 will be awarded via informal bidding pursuant to N.C.G.S. § 143-131.

3. Contracts at or above $500,000.00 will be awarded via formal bidding pursuant to N.C.G.S. § 143-129.

AWARDING OF PROJECTS UNDER $30,000.00:

As defined in N.C.G.S. § 143-131, contracts under $30,000.00 do not require competitive bidding or award to the lowest, responsive, responsible bidder.

INFORMAL BIDS FOR PROJECTS BETWEEN $30,000.00 and $499,999.00:

For contracts between $30,000.00 and $ 499,999.00, N.C.G.S. § 143-131 requires competitive bidding and awarding of the contract to the lowest, responsive, responsible bidder. For all of these contracts, NCEM requires additional contractual requirements of N.C.G.S. § 143-128, even if they fall under an exception. NCEM will issue an informal Request for Bid (RFB). These bids will be batched by geographical location and have a similar project type. Those bids will be disseminated in an RFB with the Application Number for those projects. The Prime Contractor(s) shall bid on all projects within the RFB in order to be considered for award. They will submit a fixed price, lump sum, or price per square footage for each task as specified in the RFB. In order for the Prime Contractor to win a bid, they shall provide pricing for all projects within the RFB.

The IFBs will be sent to the email address of record for the prequalified Prime Contractors and will include a date and time for the completed RFB to be sent back to NCEM at the same email address which it was sent from.

Any additional costs which arise as a change order will be negotiated between the Prime Contractor and NCEM.

These Change Orders will have to be approved by NCEM and/or be required by the Authority Having Jurisdiction.

Prime Contractor(s) shall provide NCEM with documentation of these required changes.

FORMAL SEALED BIDS FOR BATCHES OF PROJECTS ABOVE $499,999.99:

Construction service contracts at or above $500,000.00 will need to go through the formal sealed bid process pursuant to N.C.G.S. § 143-129. These contracts will require the additional contractual requirements of N.C.G.S. § 143-128. These contracts will be assembled into groupings by NCEM to allow for the most efficient delivery of construction services for NCEM and the Prime Contractors. IFBs for these sealed bids will be substantially the same as the IFBs in the informal bidding process. The bids will be sent to the email address of record for each Prime Contractor. The Prime Contractors must return their completed IFBs in a sealed envelope to an identified location by the date and time requested in the email sent out by NCEM. NCEM will open the IFBs in public, as required by State law.

Prime Contractor(s) and NCEM will agree upon cost benchmarks for payment before construction services begins which will constitute the draw payment schedule.

3.3 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFPQ is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 29.

of the Instructions to Vendors entitled COMMUNICATIONS BY VENDORS

Each Vendor submitting a bid to this IFB, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, 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 procurement lead named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting 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, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFPQ or inquiries directed to the procurement lead named in this RFPQ regarding requirements of the RFPQ (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.4 INTERPRETATION OF TERMS AND PHRASES

This Request for Prequalification serves two functions: (1) to advise potential Prime Contractors of the parameters of the solution being sought by NCEM; and (2) to provide a pool of qualified Prime Contractors to NCEM.

As such, all terms in this RFPQ, its addenda, and any subsequent IFB shall be enforceable in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFPQ. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety.

4.0 REQUIREMENTS

This section lists the requirements related to this RFPQ and any subsequent IFBs. By applying for prequalification through this RFPQ, the Prime Contractor agrees to meet all the stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFPQ. If the Prime Contractor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better bid, the Prime Contractor is urged and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.1.

4.1 PROJECT PRICING AND CHANGE ORDERS

PROJECTS UNDER $30,000 may be awarded to Prime Contractor(s) based upon its application score and/or performance scorecard or best interests to the State.

PROJECTS AT OR ABOVE $30,000 will be bid out, whether formally of informally, to prequalified Prime Contractors.

Prime Contractors that wish to participate in the program will have to submit bids for desired services that may include, but are not limited to, the following tasks: Acquisition, Demolition, and Administration Services.

CHANGE ORDERS: No additional changes outside the fixed priced will be allowed, unless approved by NCEM in writing. Pricing units for each task will be further discussed in subsequent IFBs. It is the responsibility of the Prime Contractor to assess each property prior to bid submittal. No Change Orders will be approved on the claim of site condition changes of the structure and/or property. Prime Contractors shall only invoice for the amounts specifically allowed for this RFPQ and/or subsequent RFB, that is, the Prime Contractors may not bill NCEM or any other State agency for any costs in putting together the requested application.

4.2 INVOICES

Prime Contractors will be instructed in the subsequent IFBs how to invoice for payment. Unless otherwise instructed, Prime Contractors will only submit invoices to NCEM through EM Grants.

The standard format for invoicing shall be single invoice, meaning that the Prime Contractor shall provide NCEM with an invoice for each task or Work Order for each project site. Each task will only be permitted to be invoiced once, unless extenuating circumstances occur and are approved, in writing, by NCEM. Invoices shall include detailed information, supporting documentation, and/or deliverables requested in a Work Order to allow NCEM or their designee to verify fees, costs, and/or expenses. At a minimum, the following fields shall be included on all invoices:

Prime Contractor’s Contact Information, NC Contract Number, Work Order (Project) Number, Work Order (Project) Date, Site Address, Item Description, Price, Quantity, and Unit of Measure.

Proof of payment to subcontractors will be accepted in the following formats: copy of cancelled check, copy of CC/Cash receipt, copy of electronic funds transfer, and/or copy of wire transfer.

4.3 FINANCIAL STABILITY

As a condition of prequalification, the Prime Contractor must certify that they have the financial capacity to perform and to continue performing its obligations under any resulting Contract; that Prime Contractor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Prime Contractor that could materially adversely affect performance of any resulting Contract; and that entering into a Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Prime Contractor shall submit the following financial documentation with its Application: most recent annual balance sheet, income statement/statement of retained earnings and cash flow statement, or most recent statement of financial condition by an independent auditor. Financial information, statements, and/or documents submitted with an Application shall be evaluated to determine: whether the Prime Contractor has sufficient ability to perform the Contract; whether the Prime Contractor is able to meet its short-term obligations, debts, liabilities, payroll, and expenses; whether the Prime Contractor has provided complete, reliable, and accurate financial information regarding its business operation; whether the Prime Contractor is financially solvent; and whether the Prime Contractor has sufficient cash flow and/or available financing from a financial institution to perform a contract for 60 days without receiving payment from the State. Financial information of non-public entities may be marked as confidential.

4.4 PRIME CONTRACTOR EXPERIENCE

In its Application, the Prime Contractor shall demonstrate experience with the acquisition, demolition, and environmental mitigation (e.g., abatement of lead and asbestos). Prime Contractors should state experience with Local, State, and Federal statutory requirements for grants, especially Federal Emergency Management Administration grant programs, and State or Local government disaster recovery programs. Lack of disaster recovery experience, experience with certain types of environmental mitigation, or certain types of construction services will not, by themselves, preclude Prime Contractors from being prequalified for all subsequent areas but may affect qualification for some areas. However, lack of experience may be used by NCEM and/or its PM(s) in assigning contracts and/or allowing Prime Contractors to competitively bid on certain types of Contracts.

Prime Contractors should state their experience (e.g., a Prime Contractor has not abated asbestos should not represent experience in performing such work because of the safety health risks involved in not properly performing that work, etc.). Prime Contractors are further warned that misrepresenting experience may result in State and Federal False Claims Act violations. Prime Contractors shall provide information as to that 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.

4.5 REFERENCES

Prime Contractors shall provide at least three (3) references, using ATTACHMENT D: CUSTOMER REFERENCE, for which your company has provided Services of similar size and scope to that proposed herein. References shall not be from the same company or from the soliciting State entity. In addition, Vendor shall provide references for and identify other government contracts it has received, for which your company has provided services of similar size and scope to those proposed herein. The State may contact these references to determine the Services provided are substantially similar in scope to those proposed herein and Prime Contractor’s performance has been satisfactory as part of the evaluation of the Application and/or prior to the award or assignment of a Contract.

4.6 BACKGROUND CHECKS

Prime Contractor and/or subcontractors to be assigned to any contract may be required to undergo background checks at Prime Contractor’s expense prior to beginning work or at any time during the performance of a Contract.

The State of North Carolina, as described in Executive Order 158, Furthering Fair Chance Policies in State Government Employment (August 18, 2020), is committed to eliminating the limitation of opportunity against persons who have criminal records. The State will not disqualify a Prime Contractor from participating in a contract merely based on the criminal history of the Prime Contractor, including its officers or directors, or any of its employees or other personnel providing Services on a project, unless that criminal history impedes the Prime Contractor’s ability to perform the contract, or if State or federal law prohibits contracting with Prime Contractors with certain criminal convictions. The Prime Contractor is encouraged to extend these considerations to employees, subcontractors, and suppliers.

If a background check is requested, the Prime Contractor must provide NCEM with information for:

a) Any criminal felony conviction or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of Prime Contractor, its officers or directions, or any of its employees or other personnel to provide services on this project, of which Prime Contractor has knowledge or a statement that it is aware of none;

b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Prime Contractor of which it has knowledge or a statement it is aware of none;

c) Any regulatory sanctions levied against Prime Contractor 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 (3) years or a statement that there is 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;

d) Any regulatory investigations pending against Prime Contractor 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 Prime Contractor has knowledge or a statement that there are none;

e) Any civil litigation, arbitration, proceeding, or judgements pending against Prime Contractor during the three (3) years preceding submission of its application herein or a statement that there are none.

Prime Contractor’s responses to these requests shall be considered to be continuing representations, and Prime Contractor’s failure to notify NCEM within thirty (30) days of any criminal litigation, investigation, or proceeding involving Prime Contractor 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 Prime Contractor to perform services under this Contract.

4.7 PERSONNEL

Prime Contractor warrants that qualified personnel shall provide Services under any Contract awarded 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. Prime Contractor will serve as the primary contact under any awarded Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State.

Names of any third-party Prime Contractors or subcontractors of Prime Contractor may appear for purposes of convenience in Contract document; and shall not limit Prime Contractor’s obligations hereunder. Prime Contractor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

Should the Prime Contractor’s application result in a prequalification award, the Prime Contractor shall be required to agree that it will not substitute key personnel assigned to the performance of any Contract without prior written approval by NCEM. Prime Contractor shall further agree that it will notify the NCEM Contract Administrator of any desired substitution, including the name(s) and references of Prime Contractor’s recommended substitute personnel. The State will agree to approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under any Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract services provided by such personnel.

5.0 SCOPE OF WORK

NCEM is seeking to prequalify skilled Prime Contractors to oversee several aspects of the implementation process for acquisition and demolition services in North Carolina. It is the responsibility of the selected Prime Contractor(s) to manage the overall residential construction services throughout the lifespan and scope of the awarded project.

Upon completion, the site shall be in compliance with the Local, State, and Federal requirements.

The Prime Contractor shall select a Construction Services Manager for acquisition and demolition projects who shall be licensed in the State of North Carolina as a General Contractor. Should the Prime Contractor allocate work to subcontractors, those subcontractors shall have the appropriate registrations and/or licenses to work in the State of North Carolina, verified by the Prime Contractor, and shall be provided to the State as requested. A list of subcontractors to be used should be included in the subsequent RFB submission(s). As much as possible, laborers and subcontractors should be local to the community in which the work is being completed, unless locally contracted crews are substantially more expensive or unavailable to complete work within the deadlines. Each subcontractor shall be able to provide a comprehensive list of positions and laborers utilized.

A pre-construction conference shall take place after IFBs have been awarded to discuss the initial project schedule and Scope of Work with the Prime Contractor(s) and Hazard Mitigation leadership. Within 14 days following this conference, the Prime Contractor(s) shall provide a final project schedule and Scope of Work for all awarded projects.

The Prime Contractor(s) must have the financial ability to undertake the work and assume the liability. Each selected Prime Contractor will be required to furnish proof of sufficient Liability Insurance coverage and must have an accounting system in place to identify costs chargeable to each project.

Prime Contractor(s) will be bound to specific terms and conditions which are subject to change prior to the execution of any contract that may result from subsequent RFB solicitations. It is the intent and goal of NCEM and the State of North Carolina to ensure every project is successful, so qualified Prime Contractor(s) are encouraged to work proactively to identify and resolve all issues and problems immediately to minimize delays in completing projects.

In order to accomplish the required tasks for any of the acquisition and demolition service projects awarded , Prime Contractor(s) must provide administrative services. When applicable, administrative services may include, but are not limited to, the following: construction management, legal closeout services, and any expenses associated with the scope of work not specifically requested elsewhere in an RFB.

In its response, the Vendor may apply to one or more of the following tasks:

ACQUISITION:

Includes - Asbestos and lead-based paint inspection, appraisal, title work, legal fees, settlement fees, and title transfer fees.

For acquisition projects, the Prime Contractor(s) shall conclude settlement with the homeowner(s) on the first project site within 90 days of the pre-acquisition conference. Prior to settlement, the Prime Contractor(s) shall collect all the necessary documentation to facilitate the acquisition of the property (e.g., appraisal(s), duplication of benefits (DOB), etc.), as well as obtaining the homeowner(s) approval of these documents. Deed ownership shall be transferred to the subgrantee, and the programmatic deed restrictions will be recorded within 14 days of settlement. Surveys will be provided by NCEM.

DEMOLITION:

Includes - Pre-demolition evaluation, demolition documents, permitting, asbestos and lead-based paint abatement, mobilization to project site, preparatory site work, utility disconnect, demolition of structure, removal of underground improvements and secondary structures, debris removal, removal of utilities, inspections, final site work (e.g., grading, seeding, etc.) and demobilization from the project site.

For demolition projects, the Prime Contractor(s) shall mobilize to the first project site within 90 days of the pre-demolition conference. In order to mobilize, the Prime Contractor(s) shall collect all the necessary documentation to begin demolition on their first project site (e.g., demolition documents, permits, etc.). Once demolition of all buildings and structures are complete, site restoration and stabilization shall occur to revert the property to open “green” space. All demolition work shall conclude on each project site within 60 days of settlement, in most cases, not to exceed 90 days.

5.1 GENERAL

ENVIRONMENTAL/HISTORIC CONCERNS: During the Federal grant application submittal process, each project undergoes an Environmental and Historic Preservation review by FEMA. Should the review find an environmental or historical concern, the residential construction services must consider the necessary adjustments. The Prime Contractor must have a complete understanding of any environmental and historic issues as well as the necessary construction service requirements relative to the project.

Rights of way and access to the structure as well as site management must also be considered prior to beginning construction services. The necessary means must be taken to minimize environmental impacts imposed by construction services at the site. The Prime Contractor shall be responsible for dust control and all other environmental safeguards and protections as necessary. All such safeguards and protections shall comply with Local, State, and Federal laws and regulations regarding the same. The appropriate disposal of debris must follow environmental regulations and must be disposed of or recycled at an approved facility.

The Prime Contractor is responsible for obtaining all necessary and applicable environmental and regulatory permits prior to commencing any construction service activities. Copies of all documentation evidencing proper permitting and approval shall be provided to NCEM before any activities begin.

RESPONSIBILITY FOR DAMAGE AND VIOLATIONS: The Prime Contractor shall exercise due care in the performance of all activities to minimize any damages to trees, shrubs, landscaping on public or private property. The Prime Contractor shall be responsible for damages to any property caused by its equipment or workers. NCEM shall be notified immediately of any damages which occur during construction service activities conducted by the Prime Contractor or its subcontractors.

The Prime Contractor shall be responsible for any and all corrective action required in response to any notices of violations issues by any Local, State, or Federal agency as a result of the Prime Contractor’s actions. All corrective actions shall be taken at the Prime Contractor’s expense. Additionally, the Prime Contractor shall be solely responsible for the payment of any fines or penalties resulting from any such violations.

EQUIPMENT: All equipment to be utilized by the Prime Contractor shall comply with all applicable Federal, State, and Local rules and regulations and shall be inspected and approved prior to use. The Prime Contractor shall provide all labor and materials necessary to fully operate and maintain all equipment to be utilized.

TEMPORARY LODGING: During the acquisition process, the Prime Contractor may be responsible for providing relocation assistance for tenants under the Uniform Relocation Act (URA). If a tenant qualifies for URA assistance, a Change Order shall be submitted, and pricing shall be negotiated with the State prior to proceeding. More information on URA assistance may be obtained by contacting NCEM or found in FEMA’s Hazard Mitigation Assistance Guidance and the Hazard Mitigation Assistance Guidance Addendum.

5.2 ACQUISITION PROCESS

Each acquisition shall consist of several marked steps to be approved by the local authority having jurisdiction in order to initiate, execute, and closeout each project. Additional requirements will be included in the subsequent RFB for the specific projects. These steps may require multiple site visits by various professionals along with meetings between the Prime Contractor, State, subgrantee representative and/or homeowner. The Prime Contractor(s) and/or licensed professional shall schedule or provide services that include, but are not limited to, the following:

a) PRE-ACQUISITION CONFERENCE: A meeting between NCEM and the Prime Contractor to discuss the initial project schedule and Scope of Work after the award of the Contract.

b) HOMEOWNER CONSULTATION: Prime Contractor meets with homeowner(s) to provide project timeline, conduct a review for Duplication of Benefits (DOB) and eligibility for Uniform Relocation Act (URA) assistance.

c) SITE SURVEY: As part of the Hazard Mitigation Assistance program, a site survey will be provided by NCEM and will not be a part of the Prime Contractor’s…