52-IFB-1677593221-JJC - DAC Fire Extinguisher Inspections and Maintenance.pdf

STATE OF NORTH CAROLINA

Department of Adult Correction

Invitation for Bid #: 52-IFB-1677593221-JJC

DAC Fire Extinguisher Inspections & Maintenance

Date of Issue: September 22, 2025

Bid Opening Date: October 15, 2025

At 2:00PM ET

Direct all inquiries concerning this IFB to:

Jeffrey Just

Procurement Specialist III

Email: jeffrey.just@dac.nc.gov

Phone: 919-906-0879

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STATE OF NORTH CAROLINA

Invitation for Bid #

52-IFB-1677593221-JJC

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: 52-IFB-1677593221-JJC 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:

Invitation for Bid #: 52-IFB-1677593221-JJC Bids will be publicly opened: Wednesday, October 15, 2025, @ 2:00PM – Eastern Time Microsoft Teams Need help?

Join the meeting now Meeting ID: 233 114 996 632 9 Passcode: VE9kb93C

Dial in by phone +1 984-204-1487,,314767989# United States, Raleigh Find a local number Phone conference ID: 314 767 989# Join on a video conferencing device Tenant key: ncgov@m.webex.com Video ID: 113 190 685 1 More info For organizers: Meeting options | Reset dial-in PIN

Using Agency: North Carolina Department of Adult Correction

Commodity No. and Description: 921016 – Fire Services

Requisition No.: RQ218986

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-Vendors 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.

STATE OF NORTH CAROLINA

Department of Adult Correction https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjE3YzFlZjctY2Q4Mi00ODliLTgxZGMtZWRiNWU4NTQ3YmFk%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%22740c13bc-158f-4409-86cb-048f4266be11%22%7d tel:+19842041487,,314767989 https://dialin.teams.microsoft.com/c102d528-0544-4660-b869-294e85047e28?id=314767989 https://www.webex.com/msteams?confid=1131906851&tenantkey=ncgov&domain=m.webex.com https://teams.microsoft.com/meetingOptions/?organizerId=740c13bc-158f-4409-86cb-048f4266be11&tenantId=7a7681dc-b9d0-449a-85c3-ecc26cd7ed19&threadId=19_meeting_ZjE3YzFlZjctY2Q4Mi00ODliLTgxZGMtZWRiNWU4NTQ3YmFk@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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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 may render bid invalid and it MAY 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:

VALIDITY PERIOD

Offer shall be valid for at least ninety (90) 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 North Carolina Department of Adult Correction)

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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 REFERENCES

4.6 BACKGROUND CHECKS

4.7 PERSONNEL

4.8 VENDOR’S REPRESENTATIONS

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SCOPE OF WORK AND SPECIFICATIONS

5.1 TASKS/DELIVERABLES

5.2 CERTIFICATION AND SAFETY LABELS

5.3 DEVIATIONS

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6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER

6.2 CONTINUOUS IMPROVEMENT

6.3 TRANSITION ASSISTANCE

6.4 DISPUTE RESOLUTION

6.5 CONTRACT CHANGES

6.6 ATTACHMENTS

DAC ADDITIONAL TERMS

ATTACHMENT A: PRICING FORM

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: CUSTOMER REFERENCE TEMPLATE

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT I: ALCOHOL/DRUG-FREE WORKPLACE POLICY

ATTACHMENT J: LIST OF DAC LOCATIONS

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1.0 PURPOSE AND BACKGROUND

The North Carolina Department of Adult Correction (DAC) intends to establish a contract with one or more qualified vendors to perform inspections and maintenance on portable fire extinguishers and kitchen fire suppression systems installed at most DAC correctional centers and institutions, Correction Enterprises manufacturing plants, administrative office buildings and other DAC-owned buildings in the state of North Carolina including State owned vehicles on site on the day of inspection. For bidding purposes, correctional facilities, manufacturing plants and administrative buildings to be covered by the agreement have been divided into four (4) geographic (Regional) areas, as follows:

A. Central Region B. Eastern Region C. South Central Region D. Western Region

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

1.1 CONTRACT TERM

The Contract shall have an initial term beginning on the date of final Contract execution (the “Effective Date”) and will expire on June 30, 2027.

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than thirty (30) days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and 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.

http://eprocurement.nc.gov/

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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).

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 non-responsive.

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 September 22, 2025 Urged & Cautioned Site Visits Conducted by Vendor Friday, October 3, 2025, by 3:00PM ET Submit Written Questions Vendor October 8, 2025, by 4:00PM ET Provide Response to Questions State October 10, 2025 Submit Bids Vendor Wednesday, October 15, 2025, by 2:00PM ET Contract Award State TBD

2.5 SITE VISIT

Urged and Cautioned Site Visits

Instructions: Vendor representatives are STRONGLY URGED and CAUTIONED to visit the sites and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this IFB.

Vendors may visit and thoroughly inspect each facility and its extinguishers and kitchen hood fire suppression systems on which a bid is to be made. Vendors may consult with appropriate officials at each site to determine precisely the scope of work. To set up a date and time vendors shall telephone the unit Superintendent, Administrative Officer, Maintenance Supervisor, or another manager to make arrangements for a pre-proposal site visit. These visits must be completed no later than Friday, October 3, 2025, and no later than 3:00PM Eastern Time.

Location: See ATTACHMENT J: LIST OF DAC LOCATIONS for a list of facilities.

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.

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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.

Vendors will enter “IFB # 52-IFB-1677593221-JJC– 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.

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

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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.

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. Section 6.1 – CONTRACT MANAGER POINT OF CONTACT

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

i) ATTACHMENT I: ALCOHOL/DRUG FREE WORKPLACE POLICY

j) ATTACHMENT J: LIST OF DAC LOCATIONS

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 advantages 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.

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.

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 (1) or more regions, 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.

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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 subVendors 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, subVendors, 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 subVendor 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.

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 https://evp.nc.gov/

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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 Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

4.2 INVOICES

Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant:

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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 Vendors 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 REFERENCES

Vendor shall upload at least three (3) references to the Sourcing Tool, 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 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.

4.6 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.

4.7 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 Vendor 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 Subcontractor 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.

Ver: 11/2023 12

4.8 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.

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

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

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

5.0 SCOPE OF WORK AND SPECIFICATIONS

A. GENERAL

All portable fire extinguishers, including those in state vehicles, shall receive annual service and maintenance, including inspection, refilling, hydrostatic testing and six-year maintenance per NFPA 10 (Portable Fire Extinguishers – 2023 Edition), Section 7.3.6: Six-Year Internal Examination of Certain Types of Extinguishers) to keep them in good working condition and in total compliance with each individual manufacturer’s specifications and all other requirements stated herein.

Kitchen fire suppression systems shall be inspected and serviced semi-annually (twice each year) to keep them in good working condition and in total compliance with each individual manufacturer’s specifications and all other requirements stated herein.

The Vendor shall perform all inspections and services in strict compliance with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those Federal, State and local agencies having jurisdiction and/or authority including, but not limited to, all applicable requirements of the North Carolina Fire Prevention Code (Chapter 9 – Fire Protection Systems, Section 901.6), and applicable NFPA Standards. The State Fire Marshal, providing oversight over all Fire Protection Systems on all state-owned property, shall be recognized as the ultimate authority having jurisdiction in interpreting all laws, ordinances, codes, rules, regulations, and licensing requirements, and shall supersede local authorities in such matters.

The Vendor shall perform the herein specified services on fire protection systems of various manufacturers which may include, but shall not be limited to: Ansul, Kidde Sentinel and Pyro-Chem. The Vendor shall provide documentation of training and/or written authorization from the various manufacturers of the Kitchen Fire Suppression Equipment, to include Ansul, Kidde Sentinel and Pyro-Chem to provide the herein requested services in accordance with NFPA 10, 17 and 17-A. For all services stated herein, the Vendor shall have on hand, the necessary manufacturer’s manuals, parts lists and spare parts to perform necessary services. The Department reserves the right to inspect, without notice and at any time, the Vendor’s personnel’s tools, parts, supplies, manuals, and any other item on or about their person which may impact job performance and/or the safe and orderly operation of the facility where work is performed.

Vendor(s) shall notify appropriate site officials at least 48 hours in advance of a service visit. Vendor shall also ensure that an itemized “Notice of Service” or “Delivery Ticket” or some other written documentation of service is presented to and received, signed, and dated by an appropriate official at each site. Accounting (or administrative office) personnel at the receiving site will use the Delivery Ticket or similar document as their basis for on-line “receipting” of the services for payment. DAC Accounting will not pay invoices until a “receipt” has been entered by the receiving facility and an invoice received from the Vendor.

B. Inspections and Services – Defined:

The annual inspection and maintenance of fire extinguishers and the semi-annual inspection and maintenance of automatic fire suppression systems shall be performed by Vendor staff whose training and licensing comply with all local, State and Federal codes, laws and regulations applicable to the equipment being inspected and/or maintained and are certified by the manufacturers of said equipment to perform such services. It shall be the ’s responsibility to perform inspections and services in strict compliance

Ver: 11/2023 13 with the herein stated codes, laws, and regulations, performing annual, semi-annual, six-year maintenance and hydrostatic testing inspections and services at the required intervals and in accordance with the manufacturer’s guidelines. The annual inspection of a portable fire extinguisher, all sizes, and types, shall include, but not be limited to, and at no additional cost to DAC, all of the following:

1. A thorough Visual Inspection to determine its physical condition, serviceability and suitability.

2. A new DOT Label, if a new label is needed

3. A new Hazardous Materials Label if a new label is needed or required

4. Any other required tag or label, if needed or required

5. Tamper seals, lead, plastic, etc., if needed or required

6. A plastic or wire tie, or ties, and all other devices and related items needed to attach/affix Necessary tags, labels, and seals. All labels, tags and ties shall be provided at no additional cost to the

Department. Additional tags and ties, up to 25% of the total devices, shall be provided at no additional cost to each facility, if so requested during or after required servicing.

The labor and professional knowledge to conduct the inspection and certification process as required by the equipment manufacturers, regulatory agencies, consensus standards and professional organizations.

NOTE: The Semi-Annual Inspection of Fire Suppression Systems shall include all types and sizes and all tanks and links (includes CO2 activation cylinders when needed). Six-Year Maintenance of Fire Suppression Systems shall include all types, sizes and all tanks and links (CO2 firing cylinders shall be charged but electrical or line replacement or any firing unit replacement is not included).

C. Inspection Schedules:

NFPA, OSHA, the NC Department of Insurance, Office of the State Fire Marshal, DAC Safety Office and other regulatory agencies require that all fire extinguishers be inspected by a qualified fire equipment company no less frequently than once each year.

These same regulatory agencies also require all automatic fire suppression systems, installed primarily to provide protection in DAC’s correctional and juvenile facility kitchens, be inspected no less frequently than twice each year.

To ensure these inspections and services are conducted in a timely manner, the successful Vendor(s) shall be required to contact (by telephone or personal visit) each correctional facility and other covered locations, to determine dates of the last annual inspection of fire extinguishers and semiannual inspection of fire suppression systems. Vendors shall use this information to establish an inspection schedule (service call) designed to ensure that the next annual and/or semiannual inspection is made on time. Successful Vendor(s) shall begin making contact with each DAC location and facility immediately, and no later than thirty

(30) days, following contract award.

D. Other Requirements:

1. Services Performed at Vendor’s Shop

If fire extinguishers or fire suppression and expellant cylinders are removed from a DAC facility to the vendor’s shop, or other approved location, for refilling, repairs, testing or other required services, vendor-owned replacement approved extinguishers and/or fire suppression or expellant cylinders, serviceable and of like size and type, shall be left at the DAC unit, on a one-for-one exchange (loan) basis, i.e., if the Vendor picks up three extinguishers, three Vendor-owned approved extinguishers of like size and type shall be left in exchange (on loan). The replacement fire extinguishers shall be regulatory compliant with all inspections and maintenance up to date. Vendor-owned extinguishers shall be clearly marked with paint to identify them as vendor property. In conjunction with this requirement, Vendor’s technician shall leave an itemized list (with DAC officials at the site) of all DAC-owned extinguishers being removed. The same extinguishers picked up shall be returned to the DAC facility within 72 hours from the time they were taken away for service. Extra trips by the vendor which may result from this requirement shall be provided at no additional cost to the Department of Adult Correction.

Note: Prior to contract award and throughout the term of any resulting contract, the Department of Adult Correction reserves the right to visit and inspect the Vendor’s workplace, without advance notice to the Vendor. Vendor shall provide the Department with the address where off-site work is performed.

2. Repair vs. Replace

If the total cost to repair a fire extinguisher, including a refill, 6-year maintenance, and/or hydrostatic testing equals 70% or more of the fire extinguisher’s estimated replacement cost, repairs will not be made without first obtaining approval of appropriate

Ver: 11/2023 14 personnel at the DAC site. The vendor’s service technician shall advise appropriate site officials when repairs and other needed services are estimated to equal or exceed 70% of the extinguisher’s replacement cost.

Note: Vendor shall be responsible for the safe removal, transport, and disposal of used parts and extinguishing agents removed or extracted from equipment.

3. Excluded Equipment

This is a SERVICE contract. Purchasing commodities, e.g., fire suppression systems, portable fire extinguishers, fire hoses, fire pumps and other major equipment items associated with fire prevention and control are not included in the contract. The Department of Adult Correction, and all other state government agencies, are required to purchase fire extinguishers, all sizes and types, from the STATE TERM CONTRACT, established by Division of Purchase and Contract, Department of Administration. When a correctional facility needs a new fire suppression system, new fire hoses and other major equipment, a separate competitive procurement shall be initiated by the Department of Adult Correction.

CALL-BACK SERVICE REQUESTS

A CALL-BACK is defined as an unscheduled service call. If a correctional facility or location covered by this contract telephones the Vendor or in any manner contacts the Vendor to request a CALL-BACK, i.e., a DAC’s Contract Administrator (Purchasing Agent) for instructions. As a general rule, depending on the Vendor’s expected travel (labor and mileage) expense, Call-Back services will not be authorized. Should a facility require the filling of extinguishers between service visits (semi-annual) use of the awarded vendor for call-back will be at the discretion of the Department.

If the vendor is called back to inspect fire extinguishers that were missed on the initial visit, the follow-up visit shall be at no cost to the Department.

4. Staging of Equipment

Portable Fire Extinguishing Equipment covered by the Agreement will not be “staged” (transported to a single location within or outside the correctional facility) for the Vendor by DAC personnel. Vendor’s personnel shall be expected (in the company of escorts provided by DAC) to go to the location of each piece of portable equipment, remove the equipment for service, service the equipment, then return it to its designated location and replace. However, DAC site officials, under certain conditions, e.g., to facilitate the work, MAY CHOOSE to stage the equipment (transport to a central location) for the Vendor but are not required to do so. Vendor shall not request site officials to stage equipment.

NOTE: Vendors shall abide by the rules and regulations of the North Carolina Department of Adult Correction. Any orders of the custodial officers while within the confines of correctional property shall also constitute rules and regulations. Escorts will be provided, when applicable, and such escorts may remain with vendor's personnel until the work has been completed. The vehicle, tools, and equipment belonging to the vendor may be searched whenever the vendor and/or vehicle is entering or leaving a correctional facility and at other times as deemed appropriate by Department staff in maintaining the safe and orderly operation of the facility.

5. Inspection Report

The vendor shall submit to the DAC, Safety Office, completed and signed inspection reports by the technician on all of the kitchen hood fire suppression systems. Each system shall have a separate inspection report. These reports shall detail any Code deficiencies. The reports shall be sent directly to the DAC Safety Office with a copy being left at the facility. The reports shall be legible and can be submitted by e-mail. The reports shall be submitted to:

Christina Fox (Mingo) Chief of Security

NC Department of Adult Correction 831 West Morgan Street Raleigh, NC 27699-4281 Christina.mingo@dac.nc.gov

Ver: 11/2023 15

5.1 TASKS/DELIVERABLES

Specifications Product/Service Offered Meets…