46-DNCR-24-1982 IFB Water Testing for Jordan Lake State Park.pdf

STATE OF NORTH CAROLINA

Department of Natural and Cultural Resources

Invitation for Bid #: 46-DNCR-24-1982

Water Testing for Jordan Lake State Recreation Area

Date of Issue: March 15, 2024

Bid Opening Date: March 26, 2024

At 2:00 PM ET

Direct all inquiries concerning this IFB to:

Dwayne Alston

Procurement Specialist

Email: dwayne.alston@dncr.nc.gov

Phone: 919-814-6734 mailto:dwayne.alston@dncr.nc.gov

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Invitation for Bid #

46-DNCR-24-1982

For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your bid.

Failure to do so may subject your bid to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login https://vendor.ncgov.com/vendor/login

Bid Number: 46-DNCR-24-1982 Vendor: __________________________________________

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Refer ALL Inquiries regarding this IFB to the procurement lead through the Message Board in the Sourcing Tool. See Section 2.6 for details:

Dwayne Alston

Invitation for Bid #: 46-DNCR-24-1982 Bids will be publicly opened: March 26, 2024, at 2:00 PM ET

Using Agency: DNCR, Jordan Lake State Recreation Area

Commodity No. and Description: 771415 - Water or aqueous testing

Requisition No.: RQ79981

EXECUTION

In compliance with this Invitation for Bid (IFB), 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 bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

this bid is submitted competitively and without collusion (G.S. 143-54), 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 bid, 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 IFB, 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.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

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 contracts; 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 response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the Ariba Sourcing Tool.

Failure to execute/sign bid prior to submittal shall render bid invalid and it SHALL BE REJECTED. Late bids shall not be accepted.

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 #21):

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

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

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VALIDITY PERIOD

Offer shall be valid for at least sixty (60) days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB.

ACCEPTANCE OF BIDS

If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of the Department of Natural and Cultural Resources)

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

2.4 IFB SCHEDULE

2.5 SITE VISIT

2.6 BID QUESTIONS

2.7 BID SUBMITTAL

2.8 BID CONTENTS

2.9 ALTERNATE BIDS

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 BID EVALUATION PROCESS

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

3.5 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES

4.3 FINANCIAL STABILITY

4.4 HUB PARTICIPATION

4.5 LICENSE

4.6 COMMERICIAL LIABILITY INSURANCE

4.7 REFERENCES

4.8 BACKGROUND CHECKS

4.9 PERSONNEL

4.10 VENDOR’S REPRESENTATIONS

4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 SPECIFICATIONS

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5.2 CERTIFICATION AND SAFETY LABELS

5.3 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 CONTINUOUS IMPROVEMENT

6.3 ACCEPTANCE OF WORK

6.4 TRANSITION ASSISTANCE

6.5 DISPUTE RESOLUTION

6.6 CONTRACT CHANGES

6.7 ATTACHMENTS

ATTACHMENT A: PRICING FORM

ATTACHMENT ONE: SAMPLING SCHEUDLE FOR MONITORING WELLS

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1.0 PURPOSE AND BACKGROUND

The Department of Natural and Cultural Resources (hereinafter “Department”), on behalf of Jordan Lake State Recreation Area (hereinafter “Area”), requires a qualified Vendor to provide water testing for Jordan Lake State Recreation Area. Jordan Lake State Recreation Area is located at 280 State Park Road, Apex, NC 27523.

The intent of this solicitation is to award an Agency Contract.

1.1 CONTRACT TERM

The Contract shall have a term of three (3) years, beginning on the date of final Contract execution (the “Effective Date”).

With the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term.

Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

This IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

What is the Ariba Network?

The Ariba Network is a web-based platform that serves as a connection point for buyers and vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents.

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:

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

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB.

If Vendors have questions or issues regarding any component of this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

http://eprocurement.nc.gov/

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The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this IFB 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 unless expressly agreed upon during negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive.

2.4 IFB SCHEDULE

The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule.

Event Responsibility Date and Time Issue IFB State March 15, 2024 Hold Pre-Bid Meeting/Site Visit State March 20, 2024, at 11:00 AM ET Submit Written Questions Vendor March 21, 2024, by 12:00 PM ET Provide Response to Questions State March 22, 2024, by 5:00 PM ET Submit Bids Vendor March 26, 2024, at 2:00 PM ET

Call-in telephone number: 1-984-204-1487 Phone Conference ID number: 254 118 353#

Contract Award State To Be Determined

The Department of Natural and Cultural Resources will be conducting live bid openings over conference call. Below is the call-in information for this procurement’s bid opening scheduled for Tuesday, March 26, 2024, at 2:00 PM ET.

Call-in telephone number: 1-984-204-1487

Phone Conference ID number: 254 118 353#

2.5 SITE VISIT

Urged and Cautioned

Date: March 20, 2024 Time: 11:00 AM Eastern Time Location: 280 State Park Road

Apex, NC 27523 Contact: William Baker Contact #: 919-362-0586

Instructions: Vendor representatives are URGED and CAUTIONED to visit the site and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this IFB. A non-mandatory site visit is scheduled for this IFB. Submission of a bid 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 IFB.

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 IFB, must be confirmed by written addendum before it can be considered to be a part of this IFB and any resulting contract.

2.6 BID QUESTIONS

Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB 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 IFB 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 IFB SCHEDULE Section of this IFB.

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Vendors will enter “IFB # 46-DNCR-24-1982 – 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 IFB. 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.

2.7 BID 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 IFB 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

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2.8 BID CONTENTS

Vendors shall provide responses to all questions and complete all attachments for this IFB that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion.

Vendors shall upload the following items and attachments in the Sourcing Tool:

a) Completed and signed version of all EXECUTION PAGES, along with the body of the IFB.

b) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned.

c) Vendor’s Response. (Sections 5.1 Specifications and 6.1 Contract Manager and Customer Service)

d) Completed version of ATTACHMENT A: PRICING FORM

e) Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

f) Completed and signed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

g) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

h) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

2.9 ALTERNATE BIDS

Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bid must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Each bid must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Bids in the Sourcing Tool.

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found in the Sourcing Tool, which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this IFB:

A. Contract Lead: Representative of the Department of Natural and Cultural Resources identified on the first page of this RFP who will correspond with potential Vendors concerning solicitation issues and will contract with the Vendor providing the best offer to the State and is the individual who will administer the Contract for the State.

B. Contract Manager: Representative of the Department of Natural and Cultural Resources or awarded Vendor who ensures compliance with the contract terms and conditions while giving attention to the achievement of the stated output and outcome of the contract.

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest.

All responsive bids will be reviewed, and an award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications provided herein, to include any required verifications set out here in such as but not limited to past performance, references, and financial documents.

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While the intent of this IFB is to award a Contract(s) to a single Vendor, the State 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 IFB in its entirety without awarding a Contract if it is considered to be most advantageous to the State to do so.

The State reserves the right to waive any minor informality or technicality in bids received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this IFB 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

COMMUNICATOINS 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 purchaser 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 IFB or inquiries directed to the purchaser named in this IFB regarding requirements of the IFB (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 BID EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct an evaluation of responsive Bids, as follows:

Bids will be received according to the method stated in the Bid Submittal section above.

All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. Cost and price shall become available for public inspection at the time of the award.

Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification.

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Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD.

Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to the electronic Vendor Portal (eVP), https://evp.nc.gov, under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State.

The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State.

3.4 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 IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

A. Total cost to the State B. Level of quality provided by the Vendor C. Process and performance capability across multiple jurisdictions D. Protection of the State’s information and intellectual property E. Availability of pertinent skills F. Ability to understand the State’s business requirements and internal operational culture G. Particular risk factors such as the security of the State’s information technology H. Relations with citizens and employees I. Contract enforcement jurisdictional issues

3.5 INTERPRETATION OF TERMS AND PHRASES

This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract 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 IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. 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 IFB. By submitting a bid, 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 IFB. If a Vendor 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 Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Bid Questions Section above.

4.1 PRICING

Bid price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and upload in the Sourcing The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

https://evp.nc.gov/

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4.2 INVOICES

Vendor shall invoice the Using agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Using Agency with one (1) invoice per deliverable, deadline, and invoice amount listed in the payment schedule below.

Invoices shall include detailed line-item information to allow the Using Agency to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices, as relevant.

Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Purchase Order Number, Service(s) Descriptions, and Price.

Invoices must be submitted to the following address: Accounts Payable Department of Natural and Cultural Resources

PO#________________

4605 Mail Service Center Raleigh, NC 27699-4605

Digital copies of invoices can be emailed to: DPR-AccountsPayable@ncparks.gov

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED.

4.3 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to 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.

Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State 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 State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.4 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.5 LICENSE

Vendors are hereby notified that they must have proper license under the State laws governing their respective trades and that North Carolina General Statute 87 will be observed in receiving and awarding contracts.

Vendor shall ensure all water and wastewater tests be completed by a State Certified Lab through the NC Department of Environmental Quality, Division of Water Resources and submit proof of the current Certification with the Vendor bid response.

Vendor has included proof of a current State Certified Lab through the NC Department of Environmental Quality, Division of Water Resources? YES NO

4.6 COMMERICIAL LIABILITY INSURANCE

The Vendor shall have commercial liability insurance and provide proof of current insurance within five (5) days of award.

4.7 REFERENCES

Vendor shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine mailto:DPR-AccountsPayable@ncparks.gov

Ver: 11/2023 12 whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Bid.

4.8 BACKGROUND CHECKS

Any personnel or agent of Vendor performing Services under any Contract arising from this IFB may be required to undergo a background check at the expense of the Vendor, if so, requested by the State.

4.9 PERSONNEL

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 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 State. 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).

Should the Vendor’s bid result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will 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 this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

4.10 VENDOR’S REPRESENTATIONS

If Vendor’s bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting 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/or other Deliverables.

4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION

A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation:

☐ Small Purchases

☒ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00

☐ Contract value in excess of $1,000,000.00

The remainder of this is intentionally blank.

Ver: 11/2023 13

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 SPECIFICATIONS

The specific items and any specifications that the Purchasing Agency is seeking are listed below. Items offered by the Vendor must meet or exceed the listed Specifications to be considered for award.

The Vendor shall:

VENDOR’S RESPONSE

Item # Specifications Product/Service Offered Meets Specification

1 Perform all water tests and collect all samples for the monitoring wells only according to the permit schedules. Permits are included in ATTACHMENT ONE: SAMPLING SCHEDULE FOR MONITORING WELLS. All work shall be performed in accordance with the Sample Schedule for Monitoring Wells included in ATTACHMENT ONE and Article 11 Chapter 130A of the North Carolina General Statutes.

YES NO

2 Provide drinking water testing bottles and cooler(s) for the locations and frequencies listed below. William Baker, Operator in Responsible Charge (ORC) and Department Contract Manager (hereafter, “Department Contract Manager”), shall collect all samples and coordinate pick up with the Vendor.

A. Vista Point – Permit NC0319426, Bacteriological Analysis quarterly, Nitrate once per year in October B. New Hope – Permit NC0319433, Bacteriological Analysis quarterly, Nitrate once per year in October C. Seaforth – Permit NC0319428, Bacteriological Analysis quarterly, Nitrate once per year in October D. White Oak – Permit NC0319420, Bacteriological Analysis quarterly, Nitrate once per year in October

3 Provide swim beach testing bottles and cooler(s) for the locations and frequencies listed below. The Department Contract Manager shall collect all samples and coordinate pick up with the Vendor.

A. Parkers Creek – Fecal Coliform quarterly or four (4) times per year B. White Oak - Fecal Coliform quarterly or four (4) times per year C. Seaforth - Fecal Coliform quarterly or four (4) times per year D. Vista Point - Fecal Coliform quarterly or four (4) times per year E. Polar Point - Fecal Coliform quarterly or four (4) times per year F. Ebenezer - Fecal Coliform quarterly or four (4) times per year G. Crosswinds - Fecal Coliform quarterly or four (4) times per year

Ver: 11/2023 14

4 Purge, bail, and sample all wastewater monitoring wells. The Vendor shall perform all samples the day following the purge and bail. The Vendor shall complete Form GW-59 on yellow paper and mail the original to the Department Contract Manager for signature and submittal.

Mailing Address:

Jordan Lake State Recreation Area Attention: William Baker 280 State Parks Road Apex, NC 27523

5 Perform sampling three (3) times per year in the months of March, June, and September except for the VOC (Volatile Organic Compounds) test which shall be conducted once annually in September. Sampling locations are listed below.

A. Poplar Point

1. Seven (7) Wells

a) Water level three (3) times per year in March, June, and

September

b) Total Organic Carbon three (3) times per year in March, June, and September

c) Chloride three (3) times per year in March, June, and

September

d) Fecal Coliform three (3) times per year in March, June, and

September

e) Total Ammonia Nitrogen three (3) times per year

f) Total Nitrate Nitrogen three (3) times per year in March, June, and September

g) pH three (3) times per year in March, June, and September

h) Total Dissolved Solids three (3) times per year in March, June, and September

i) Volatile Organic Compounds one (1) time per year in

September

j) Total Phosphorus three (3) times per year in March, June, and

September

2. VOC testing methods per permit

a) Standard Method 6230D, PQL @ 0.5 ug/L or less

b) Standard Method 6210D, PQL @ 0.5 ug/L or less

c) EPA Method 8021, Low Concentration, PQL @ 0.5ug/L or less

d) EPA Method 8260, Low Concentration, PQL @ 0.5ug/L or less

e) Another method with prior approval from the Ground Water

Section Chief meeting the following specifications

1) A laboratory must be certified by the Division of Water

Quality (DWQ).

2) The method used must, at a minimum, include all the constituents listed in Table VII of Standard Method 6230D.

3) The method must provide a PQL @ 0.5 ug/L or less which must be supported by laboratory proficiency studies as required by the DWQ Laboratory Unit Certification Units.

Any constituents detected above the MDL but below the PQL @ ug/L must be qualified (estimated) and reported.

Ver: 11/2023 15

B. Parker’s Creek

1. Four (4) wells – MW #1 water level only

a) Water level three (3) times per year in March, June, and September

b) Total Organic Carbon three (3) times per year in March, June, and September

c) Chloride three (3) times per year in March, June, and September

d) Fecal Coliform three (3) times per year in March, June, and September

e) Total Ammonia Nitrogen three (3) times per year in March, June, and September

f) Total Nitrate Nitrogen three (3) times per year in March, June, and September

g) pH three (3) times per year in March, June, and September

h) Total Dissolved Solids three (3) times per year in March, June, and September

i) Volatile Organic Compounds one (1) time per year in

September

j) Total Phosphorus three (3) times per year in March, June, and

September

2. VOC testing methods per permit

a) Standard Method 6230D, PQL @ 0.5 ug/L or less

b) Standard Method 6210D, PQL @ 0.5 ug/L or less

c) EPA Method 8021, Low Concentration, PQL @ 0.5ug/L or less

d) EPA Method 8260, Low Concentration, PQL @ 0.5ug/L or less

e) Another method with prior approval from the Ground Water

Section Chief meeting the following specifications

1) A laboratory must be certified by the Division of Water

Quality (DWQ).

2) The method used must, at a minimum, include all the constituents listed in Table VII of Standard Method 6230D.

3) The method must provide a PQL @ 0.5 ug/L or less which must be supported by laboratory proficiency studies as required by the DWQ Laboratory Unit Certification Units.

Any constituents detected above the MDL but below the PQL @ ug/L must be qualified (estimated) and reported.

Ver: 11/2023 16

6 Perform wastewater effluent sample analysis four (4) times per year in the months of March, June, September, and December for locations listed below. The Department will collect the samples and coordinate pick up with the Vendor.

A. Poplar Point Spray Irrigation Effluent – Permit WQ0004122 expires

1/31/20207

1) BOD (Biochemical Oxygen Demand) 5-day, 4 times per year in

December, March, June, and September.

2) Fecal Coliform 4 times per year

3) Nitrate plus Nitrate Total 4 times per year

4) Total Ammonia Nitrogen 4 times per year

5) Total Kjeidahi Nitrogen 4 times per year

6) Total Phosphorus 4 times per year

7) Total Suspended Solids 4 times per year

B. Parkers Creek Spray Irrigation Effluent – Permit WQ0002665 expires 1/31/2027

1) BOD (Biochemical Oxygen Demand) 5-day, 4 times per year in

December, March, June, and September.

2) Fecal Coliform 4 times per year in December, March, June, and

September.

3) Total Nitrate Nitrogen 4 times per year in December, March, June, and September.

4) Total Ammonia Nitrogen 4 times per year in December, March, June, and September.

5) Total Kjeidahi Nitrogen 4 times per year in December, March, June, and September.

6) Total Phosphorus 4 times per year in December, March, June, and

September.

7) Total Suspended Solids 4 times per year in December, March, June, and September.

8) Total Dissolved Solids 3 times per year in March, June, and

September.

9) Chloride 3 times per year in March, June, and September

10) Total Nitrogen 4 times per year in December, March, June, and

September

7 Perform wastewater effluent sample analysis three (3) times per year in the months of March, June, and September for locations listed below. The Department shall collect the samples and coordinate pick up with the Vendor.

A. Seaforth Spray Irrigation Effluent – Permit WQ0004988 expires

1/31/2027

1) BOD (Biochemical Oxygen Demand) 5-day, 3 times per year in

March, June, and September

2) Fecal Coliform 3 times per year in March, June, and September

3) Total Nitrate Nitrogen three (3) times per year in March, June, and

September

4) Total Ammonia Nitrogen three (3) times per year in March, June, and September

5) Total Kjeidahi Nitrogen three (3) times per year in March, June, and

Ver: 11/2023 17

6) Total Phosphorus three (3) times per year in March, June, and September

7) Total Suspended Solids three (3) times per year in March, June, and September

8) Total Residual Chlorine three (3) times per year in March, June, and September

9) Total Nitrogen three (3) times per year in March, June, and September

B. Vista Point Spray Irrigation Effluent – Permit WQ000488 expires 1/31/2027

1) BOD (Biochemical Oxygen Demand) 5-day, 3 times per year in

2) Fecal Coliform three (3) times per year

3) Total Ammonia Nitrogen three (3) times per year

4) Total Kjeidahi Nitrogen three (3) times per year

5) Total Phosphorus three (3) times per year

6) Total Suspended Solids three (3) times per year

8 Perform wastewater effluent sample analysis one (1) time per year in the month of November for the location listed below. The Department shall collect the samples and coordinate pick up with the Vendor.

A. New Hope Overlook LPP Subsurface System Effluent

1) Total Nitrogen one (1) time per year

2) CBOD (Carbonaceous Biochemical Oxygen Demand) one (1) time per year

3) Fecal Coliform one (1) time per year

4) Total Ammonia Nitrogen one (1) time per year

5) Total Suspended Solids one (1) time per year

9 Schedule all testing of the monitoring wells a minimum of seven (7) days in advance with the Department Contract Manager. The Vendor shall not come onsite unannounced and without approval of the Department Contract Manager.

10 Deliver sampling bottles and cooler(s) to the Main Office address listed in Item 5.1.4 no more than two (2) business days after the request from the Department Contract Manager. The sizes of the sampling bottles and cooler(s) are specific to the sample taken.

11 NOT mix Area water samples with samples of other customers to prevent cross contamination.

12 Submit sample analyses to the appropriate agency.

YES NO

13 NOT have access to Area locations beyond those needed to perform the work.

14 Adhere to all Area speed limits and State of North Carolina traffic laws while performing the work.

15 Perform all work during Area business hours of 7:30AM to 4:30PM daily. The Area is closed most State of North Carolina Holidays as listed @ https://oshr.nc.gov/state-employee-resources/benefits/leave/holidays and weekends between Labor Day and Easter.

16 Contact the Department Contract Manager in the event of inclement weather or conditions that delay or prevent performing the work. The Vendor and Department Contract Manager will agree on an alternate test date.

https://oshr.nc.gov/state-employee-resources/benefits/leave/holidays

Ver: 11/2023 18

17 Check in and out with the Department Contract Manager upon arrival on-site , after completing the work, and prior to the departing the facility.

18 The Department will:

1. Collect all flow readings as required by permits.

2. Collect all samples from the wastewater effluent.

OPTIONAL SERVICE

VENDOR’S RESPONSE

Item # Specifications Product/Service Offered Meets Specification

1 Perform optional drinking and wastewater testing for site locations upon request of the Department Contract Manager. The Vendor shall include the price of each test on ATACHMENT A: PRICING FORM. The optional tests include Fecal Coliform, Total Nitrate Nitrogen, Total Ammonia Nitrogen, Nitrate plus Nitrate, Total Nitrogen, CBOD, Total Suspended Solids, BOD 5-day, Total Kjeidahl Nitrogen, Total Phosphorus, Total Dissolved Solids and Total Organic Carbon Bacteriological (TCR Chloride).

5.2 CERTIFICATION AND SAFETY LABELS

Any manufactured items and/or fabricated assemblies provided hereunder that are 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 inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization acceptable to govern inspection where the item is to be located, 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.

5.3 DEVIATIONS

The nature of all deviations from the Specifications listed herein shall be…