54-CA-10112024-DOT-Bicycle Helmets-(Final Posted Copy).pdf

STATE OF NORTH CAROLINA

Department of Transportation

Invitation for Bid #: 54‐CA‐10112024

Bicycle Helmets

Date Issued: December 31, 2024

Bid Opening Date: January 13, 2025

At 2:00 PM ET

Direct all inquiries concerning this IFB to:

Christian Andresen

Procurement Specialist III

Email: ctandresen@ncdot.gov

Phone: (919)707‐2627

Ver. 11/2023

Invitation for Bids #

54‐CA‐10112024

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 shall be sufficient cause to reject your bid.

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

Electronic responses ONLY will be accepted for this solicitation.

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EXECUTION

In compliance with this Invitation for Bids (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), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter

78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143‐59.2), and it is not an ineligible Vendor as set forth in G.S. 143‐59.1.

Furthermore, by executing this 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 Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public

Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this bid response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees or agents of Vendor’s 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 ATTACHMENTS page within this document.

Failure to execute/sign bid prior to submittal shall render bid invalid and it WILL BE REJECTED. Late bids cannot 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: E‐MAIL:

Department of Transportation

Refer ALL Inquiries regarding this IFB to:

Christian Andresen ctandresen@ncdot.gov

(919)707‐2627

Invitation for Bids # 54‐CA‐10112024

Bids will be publicly opened: January 13, 2025

Using Agency: NC Department of Transportation Commodity No. and Description: 461817 – Face and Head Protection

(Bicycle Helmets) Requisition No.: N/A

Bid Number: 54‐CA‐10112024 Vendor: ____________________________________

Ver: 11/2023 2

FOR STATE USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, by ______________________________________________________

VALIDITY PERIOD

Offer shall be valid for at least one hundred twenty (120) days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB.

BID ACCEPTANCE

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.

(Authorized Representative of NC Department of Transportation)

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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 BID QUESTIONS

2.6 BID SUBMITTAL

2.7 BID CONTENTS

2.8 ALTERNATE BIDS

2.9 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 ESTIMATED QUANTITIES

4.3 MINIMUM ORDERS

4.4 PRODUCT IDENTIFICATION

4.5 TRANSPORTATION AND IDENTIFICATION

4.6 DELIVERY

4.7 PACKAGING

4.8 DESCRIPTIVE LITERATURE

4.9 SAMPLES

4.10 WARRANTY

4.11 REFERENCES

4.12 VENDOR’S REPRESENTATIONS

4.13 HUB PARTICIPATION

4.14 FINANCIAL STABILITY

4.15 AGENCY INSURANCE REQUIREMENTS MODIFICATION

4.16 BICYCLE HELMET SAFETY REQUIREMENTS

5.0 PRODUCT SPECIFICATIONS

SPECIFICATIONS

5.2 CERTIFICATION AND SAFETY LABELS

5.3 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 POST AWARD PROJECT REVIEW MEETINGS

6.3 CONTINUOUS IMPROVEMENT

6.4 ACCEPTANCE OF WORK

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6.5 INVOICES

6.6 DISPUTE RESOLUTION

6.7 PRICE ADJUSTMENTS

6.8 CONTRACT CHANGES

7.0 ATTACHMENTS

ATTACHMENT A: PRICING FORM

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: CUSTOMER REFERENCE FORM

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING

EXHIBIT 1: DELIVERY LOCATIONS IN THE STATE OF NORTH CAROLINA (CITY, ZIP CODE) .............................. ……19

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1.0 PURPOSE AND BACKGROUND

Note: This is a rebid of solicitation number 54‐CA‐10172023 – Bicycle Helmets. All Vendors who submitted bids will need to submit a new bid.

The intent of this solicitation is to award an Agency Specific Term Contract and to obtain pricing and select a Vendor to provide bicycle helmets to various organizations throughout the State. Under General Statue § 20‐171.9, NC Law requires that all children under the age of sixteen (16) must wear a bicycle helmet when biking on any public right of way. Children are sometimes resistant to wearing a helmet. Therefore, a bicycle helmet must be lightweight, attractive, and easy to adjust in order to encourage children to wear them.

To encourage more children to wear helmets, NCDOT’s Integrated Mobility Division’s annual Bicycle Helmet Initiative will give free helmets to organizations across the State to distribute to children in need. Applicants are encouraged to partner with a local law enforcement agency, parks and recreation department, schools, churches, or other organization to host bike safety events in an effort to increase the number of children under the age of 18 to wear helmets while riding bicycles. Unfortunately, less than 50% of all children wear a helmet when they ride a bike; this program hopes to change that statistically. The Bike Helmet initiative started in 2007 and works with local communities to promote bicycle safety. In the last five years, the program has provided over 66,000 free bike helmets, including nearly 23,000 helmets provided to over 280 organizations in 2023 alone.

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”). In addition, and with the Vendor’s concurrence, the State reserves the right to extend a contract term 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

The 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: The E‐Procurement fee may apply to this solicitation. See 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/.

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 also are 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, or exceptions regarding any component within 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 contact award.

Other than through this process or 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. 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).

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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 through 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 December 31, 2024

Submit Written Questions Vendor January 6, 2025 @ 5:00 PM ET

Submit Bids Vendor January 13, 2025 @ 2:00 PM ET

Public bid opening for this solicitation will be conducted via conference call. Vendors may use the links below or the call‐in number to join the bid opening on January 13, 2025, at 2:00 PM ET.

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 257 739 618 481

Passcode: pG39Q8w3

Dial in by phone

+1 984‐204‐1487,,697921014# United States, Raleigh

Find a local number

Phone conference ID: 697 921 014#

Join on a video conferencing device

Tenant key: ncgov@m.webex.com

Video ID: 117 122 940 8

More info

For organizers: Meeting options | Reset dial‐in PIN

Contract Award State TBD

Contract Effective Date State TBD

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2.5 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.

Written questions shall be e‐mailed to ctandresen@ncdot.gov by the date and time specified above. Vendors will enter “IFB #

54‐CA‐10112024 Questions” as the subject for the email. Question submittals will include a reference to the applicable IFB section and be submitted in a format shown below:

Reference Vendor Question

IFB Section, Page Number Vendor question …?

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 form of an addendum to the electronic Vendor Portal (eVP), https://evp.nc.gov, 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 an Addendum to this IFB.

2.6 BID SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the 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. The date and time of receipt will be marked on each bid when received. Any bid or portion thereof received after the bid submission deadline will be rejected.

If applicable to this IFB and using eVP, all proposal responses shall be submitted electronically via the electronic Vendor Portal (eVP). Additional information can be found at the eVP updates for Vendors link: https://eprocurement.nc.gov/news‐ events/evp‐updates‐vendors.

Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s).

Vendors are strongly encouraged to allow sufficient time to upload bids.

Critical updated information may be included in Addenda to this IFB. It is important that all Vendors responding on this IFB periodically check the State’s eVP website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto.

2.7 BID CONTENTS

Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature 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.

Vendor IFB responses shall include the following items and attachments, which shall be arranged in the following order:

a) Completed and signed version of 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) Completed version of ATTACHMENT A: PRICING FORM

d) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

e) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

f) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

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

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h) Completed and signed version of ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE‐MATCHING, if applicable

i) EXHIBIT 1: DELIVERY LOCATIONS IN THE STATE OF NORTH CAROLINA

2.8 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 bids must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Any alternate bid, in addition to the marking described above, must be clearly marked with the legend: “Alternate Bid # 54‐CA‐10112024 for ‘name of Vendor’”. 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, each must be offered with a separate price and be contained in a separate bid. Each bid must be complete and independent of other bids offered.

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors referenced below 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 award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications to include any required verifications set out herein 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 for all line items, 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.

If a Vendor selected for award is determined by the State to be a non‐resident of North Carolina, all responsive bids will be reviewed to determine if any of them were submitted by a North Carolina resident Vendor who requested an opportunity to match the price of the winning bid, pursuant to Executive Order #50 and G.S. 143‐59 (for more information, please refer to

ATTACHMENT H: VENDOR REQUEST FOR EXECUTIVE ORDER #50 PRICE MATCHING. If such bid(s) are identified, the State will then determine whether any such bid falls within the price‐match range, and, if so, make a Contract award in accordance with the process that implements G.S. 143‐59 and Executive Order #50.

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 COMMUNICATIONS BY VENDORS.

Each Vendor submitting a bid to this IFB, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the 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

Ver: 11/2023 9 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. If negotiation is anticipated, 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 State’s eVP website 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:

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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 in a requirement would allow for the State to receive a better bid, the Vendor is encouraged 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 delivery fully assembled and ready for use, including all applicable charges for shipping, delivery, handling, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s response.

4.2 ESTIMATED QUANTITIES

The quantities indicated herein are three (3) year period estimates only and are provided for informational purposes based on the anticipated usage during contract period. No maximum or minimum quantities are guaranteed. It shall be understood and agreed that the State may purchase more or less than the estimated quantities during the contract period. The State reserves the right to increase or decrease the quantities as needed. The State shall not be obligated to purchase more than its normal requirements. The State will be responsible only for items requested and received.

4.3 MINIMUM ORDERS

The minimum order quantity which will qualify for prepaid FOB transportation is twenty‐four (24) Each for a single order.

Vendor shall also be required to use this contract for orders less than the minimum order quantity. However, in such cases, the order may be shipped prepaid and actual transportation charges may be added to the invoice as a separate line item. The transportation costs charged for orders below the minimum order quantity shall be commensurate with or less than shipping charges of major small package shippers such as the US Postal Service. No surcharge or handling charge shall be added or assessed for such orders. Vendors must provide an estimated shipping amount to the Buyer upon request.

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4.4 PRODUCT IDENTIFICATION

MAKE AND MODEL

Manufacturer’s name and model/catalog numbers used in this IFB are for the sole purpose of identification and to establish general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. However, Vendors are cautioned that any deviation from the specifications of the identified item are required to be pointed out in its bid. Vendor shall include with its bid sufficient documentary evidence to demonstrate the qualitative, functional, operational, organizational, and conformational equivalence of the bid item to the identified item.

4.5 TRANSPORTATION AND IDENTIFICATION

The Vendor shall deliver Free‐On‐Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs and fees included in the total bid price.

When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer’s name shall be shown on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order.

4.6 DELIVERY

The Vendor shall deliver Free‐On‐Board (FOB) Destination to the following location(s):

Various locations throughout the state of North Carolina. See Exhibit 1 for delivery locations (city and zip code).

Vendor shall complete delivery within ten (10) consecutive calendar days after receipt of purchase order.

4.7 PACKAGING

Bicycle helmets must be legibly marked with sizes on the outside of the packages. The Vendor shall be responsible for packaging the helmets to ensure there is no damage during delivery. Each helmet must include basic information and instructions on how to fit the helmet for maximum protection.

4.8 DESCRIPTIVE LITERATURE

DESCRIPTIVE LITERATURE/CERTIFICATION

Descriptive literature is not required prior to the bid opening date; however, descriptive literature may be required later. If so requested, Vendor agrees to furnish descriptive literature which must be received within five (5) consecutive calendar days after request is made by the State. Failure to comply with this requirement shall be a sufficient basis for rejection of the bid without further consideration.

4.9 SAMPLES

Samples are not required prior to bid opening date. However, samples may be required later. If so requested, Vendor agrees to furnish samples of items offered at no expense to the State. Samples must be received within five (5) consecutive calendar days after request is made by the State. Failure to comply with this requirement shall be a sufficient basis for rejection of the bid without further consideration.

4.10 WARRANTY

Manufacturer’s standard warranty shall apply. Vendors shall provide a copy of the manufacturer’s standard warranty within five (5) consecutive calendar days after request from the agency.

4.11 REFERENCES

References are not required prior to the bid opening date; however, references may be required later. If so requested, Vendor agrees to furnish at least three (3) references for which your company has provided substantially similar items as those offered

Ver: 11/2023 12 in its bid response, using ATTACHMENT E: CUSTOMER REFERENCE FORM. The references must be received within five (5) consecutive calendar days after the request is made by the State. Failure to comply with this requirement shall be a sufficient basis for rejection of the bid without further consideration.

The State may contact these users to determine the quality level of the offered equipment; as well as, but not limited to, user satisfaction with Vendor performance. Information obtained may be considered in the evaluation of the bid.

4.12 VENDOR’S REPRESENTATIONS

If the 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.

4.13 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.

4.14 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 the ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION.

The State is requiring this certification to minimize potential performance issues from contracting with a Vendor that is financially unstable. This Certification shall be deemed continuing, and 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.

4.15 AGENCY INSURANCE REQUIREMENTS MODIFICATION

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

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

4.16 BICYCLE HELMET SAFETY REQUIREMENTS

All bicycle helmets shall comply with the following codes:

Bicycle helmets must comply with Consumer Product Safety Commission (CPSC) standard 16 CFR § 1203 in its entirety.

https://www.law.cornell.edu/cfr/text/16/part‐1203

Vendor shall provide all certifications within five (5) business days after a request from the agency.

Ver: 11/2023 13

5.0 PRODUCT SPECIFICATIONS

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. Please indicate compliance by selecting yes or no.

Item # Item Specific Specifications Product Offered Meets Specification

1 Strategic Sports 03 Xtreme Bicycle Helmet with Turn Ring Fitting System or Functional Equivalent

Dial Turn Ring for Instant Fit

Snap‐In Visor

Unisex Style

Shock Absorbing Black EPS (foam) Liner

16 Vents for Maximum Cooling

Polypropylene Straps & Quick Release Nexus Buckle

Size – Small

YES NO

2 Strategic Sports 03 Xtreme Bicycle Helmet with Turn Ring Fitting System or Functional Equivalent

Dial Turn Ring for Instant Fit

Snap‐In Visor

Unisex Style

Shock Absorbing Black EPS (foam) Liner

16 Vents for Maximum Cooling

Size – Medium

3 Strategic Sports 03 Xtreme Bicycle Helmet with Turn Ring Fitting System or Functional Equivalent

Dial Turn Ring for Instant Fit

Snap‐In Visor

Unisex Style

Shock Absorbing Black EPS (foam) Liner

16 Vents for Maximum Cooling

Size – Large

4 Strategic Sports Model #16‐TG Toddler Bicycle Helmet with Duckbill Design and Dial Turn Ring or Functional Equivalent

Dial Turn Ring Fitting System

Shock Absorbing EPS Liner

Aerodynamic Plastic Microshell

Polypropylene Straps

Quick Release Nexus Buckle

10 Vents for Maximum Cooling

Size: Toddler – 18.11” – 20.47”

Ver: 11/2023 14

Item # Item Specific Specifications Product Offered Meets Specification

Color – Blue

5 Strategic Sports Model #16‐TG Toddler Bicycle Helmet with Duckbill Design and Dial Turn Ring or Functional Equivalent

Dial Turn Ring Fitting System

Shock Absorbing EPS Liner

Aerodynamic Plastic Microshell

Polypropylene Straps

Quick Release Nexus Buckle

10 Vents for Maximum Cooling

Size: Toddler – 18.11” – 20.47”

Color – Pink

YES NO

5.2 CERTIFICATION AND SAFETY LABELS

All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re‐examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical

Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

5.3 DEVIATIONS

The nature of all deviations from the Specifications listed herein shall be clearly described by the Vendor. Otherwise, it will be considered that items offered by the Vendor are in strict compliance with the Specifications provided herein, and the successful

Vendor shall be required to supply conforming goods. Deviations shall be explained in detail on an attached sheet. However, no implication is made or intended by the State that any deviation will be acceptable. Do not list objections to the North

Carolina General Terms and Conditions in this section.

Ver: 11/2023 15

6.0 CONTRACT ADMINISTRATION

All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes.

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

The Vendor shall be required to designate and make available to the State a contract manager. The contract manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service.

Contract Manager Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

The Vendor shall be required to designate and make available to the State for customer service. The customer service point of contact shall be the State’s point of contact for customer service‐related issues concerning invoicing, availability, and delivery.

Customer Service Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

6.2 POST AWARD PROJECT REVIEW MEETINGS

The Vendor, at the request of the State, shall be required to meet once yearly with the State after shipment is placed. The purpose of these meetings will be to review project progress reports, discuss Vendor and State performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics. Any other meetings may be scheduled as needed at the request of the Vendor or the State.

6.3 CONTINUOUS IMPROVEMENT

The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consisting of various ideas to enhance business efficiencies as performance progresses.

6.4 ACCEPTANCE OF WORK

Performance of the work and delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator.

The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the

Ver: 11/2023 16 reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North

Carolina.

6.5 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 line‐item information to allow Purchasing 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:

Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer

Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure.

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

6.6 DISPUTE RESOLUTION

During the performance of the Contract, the Parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s).

During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute.6.7 PRODUCT RECALL

Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the State, as necessary, to promptly replace any such products, at no cost to the State.

6.7 PRICE ADJUSTMENTS

Prices proposed by the Vendor shall be firm against any increase for three hundred sixty‐five (365) days from the effective date of the Contract.

Price increase requests shall be submitted in writing to the Contract Lead, which shall include the reason(s) for the request and contain supporting documentation for the need. Price increases will be negotiated and agreed to by both the State and Vendor in advance of any price increase going into effect. The State is not obligated to accept pricing adjustments or increases and reserves the right to accept or reject them in part or in whole. Price de‐escalation or decreases may be requested by the State at any time.

It is understood and agreed that orders will be shipped at the established Contract prices in effect on the date an order is placed. Invoicing that deviates from this provision may result in Contract to cancellation.

Ver: 11/2023 17

6.8 CONTRACT CHANGES

Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. Amendments to the contract can only be made through the contract administrator.

**IMPORTANT NOTICE**

ATTACHMENTS BEGIN ON THE NEXT PAGE

RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE

FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT

Ver: 11/2023 18

7.0 ATTACHMENTS

ATTACHMENT A: PRICING FORM

Complete and return the Pricing associated with this IFB, which can be found in the table below:

LINE

ITEM

EST.

QTY.

UOM

DESCRIPTION

UNIT PRICE

EXTENDED PRICE

14,400

EA

Strategic Sports 03 Xtreme Bicycle Helmet or Functional Equivalent ‐ Small

Make

Model

40,500

Functional Equivalent ‐ Medium

Model

27,000

Functional Equivalent ‐ Large

Model______________

4,200

Strategic Sports Model #16‐TG Toddler or Functional Equivalent – Color ‐ Blue

4,200

Strategic Sports Model #16‐TG Toddler or Functional Equivalent – Color ‐Pink

Total (Items 1‐5): $_____________________________________

RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE

FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT

Ver: 11/2023 19

ATTACHMENT B: INSTRUCTIONS TO VENDORS

The Instructions to Vendors, which are incorporated herein by this reference, may be found here:

https://ncadmin.nc.gov/formnorth‐carolina‐instructions‐vendors032023/download?attachment

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here:

https://www.doa.nc.gov/form‐north‐carolina‐general‐terms‐and‐conditions‐11‐2023/open

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

Complete and return the Historically Underutilized Businesses (HUB) Vendor Information form, which can be found at the following link: https://www.doa.nc.gov/pandc/onlineforms/form‐hub‐supplemental‐vendor‐information‐9‐2021/download

MUST BE COMPLETED AND RETURNED WITH BID RESPONSE

ATTACHMENT E: CUSTOMER REFERENCE FORM

Complete and return the Customer Reference Form, which can be found at the following link:

https://ncadmin.nc.gov/media/15503/open

RETURN UPON REQUEST

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

Complete and return the Location of Workers Utilized by Vendor, which can be found at the following link:

https://www.doa.nc.gov/pandc/onlineforms/form‐location‐workers‐09‐2021/download

MUST BE COMPLETED AND RETURNED WITH BID RESPONSE

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

Complete, sign, and return the Certification of Financial Condition, which can be found at the following link:

https://www.doa.nc.gov/pandc/onlineforms/form‐certification‐financial‐condition‐09‐2021/download

MUST BE COMPLETED AND RETURNED WITH BID RESPONSE

ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE‐MATCHING

Complete, sign, and return the Vendor Request for EO50 Price‐Matching, which can be found at the following link:

https://www.doa.nc.gov/pandc/onlineforms/form‐vendor‐price‐matching‐opportunity‐09‐2021/download

*** Failure to Return the Required Attachments May Eliminate

Your Response from Further Consideration ***

Ver: 11/2023 20

EXHIBIT 1: DELIVERY LOCATIONS IN THE STATE OF NORTH CAROLINA (CITY, ZIP CODE)

City Zip Code City Zip Code

Albemarle 28001 Jacksonville 28540

Apex 27502 28546

Asheville 28711 Jefferson 28640

28801 Kannapolis 28081

28804 Kill Devil Hills 27948

28806 Kittrell 27544

Banner Elk 28604 Knightdale 27545

Beaufort 28516 LANSING 28643

Black Mountain 28711 Laurinburg 28352

Bladenboro 28320 Lumberton 28358

Boone 28607 28360

Bryson City 28713 Manteo 27954

Burgaw 28425 Marshall 28753

Burlington 27217 Matthews 28104

Buxton 27920 Maysville 28555

Canton 28716 Mebane 27302

Cape Carteret 28584 Mills River 28759

Chapel Hill 27517 Monroe 28112

Charlotte 28203 Mooresville 28115

28204 Mooresville 28117 28206 Morganton 28655

28208 Morven 28119

28211 Murphy 28906

28212 Nashville 27856 28213 New Bern 28560

28227 Newport 28570

28277 Newton 28658

Columbus 28722 North Wilkesboro 28659

Concord 28025 Oak Ridge 27310

Cornelius 28031 Ocracoke 27960

Cullowhee 28723 Oxford 27565

Dallas 28034 Pittsboro 27312

Davidson 28036 Plymouth 27962

Dunn 28334 Raleigh 27601

Durham 27701 27610

27703 27612

27705 27616

Edenton 27932 Randleman 27317

Elizabeth City 27909 Roanoke Rapids 27870

Elkin 28621 Robersonville 27871

Fayetteville 28304 Rocky Mount 27804

Forest City 28043 Salisbury 28023

Franklin 28734 28144

28779 Selma 27576

Fuquay Varina 27526 Shawboro 27973

Garner 27529 Shelby 28152

Gates 27937 Smithfield 27577

Goldsboro 27533 Southern Shores 27949-5935

Granite Falls 28630 Sparta 28675

Greensboro 27401 Statesville 28677

27402 Swan Quarter 27885

27405 Sylva 28779 27406 Warrenton 27589

Greenville 27834 Waxhaw 28173

27835-6028 Wendell 27591

Halifax 27839 West Jefferson 28694

Harrells 28444 Wilkesboro 28697

Harrisburg 28075 Wilmington 28401

Henderson 27536 28402

27537 28403

Hendersonville, 28792 28451

Hertford 27944 Wilson 27893

Hickory 28602 27896

High Point 27262 Winston Salem 27104

Hillsborough 27278 Winston-Salem 27101

Holly Springs 27540 27103

Hudson 28638 Winterville 28590