54-DM-16173-DOT-Grain Straw Mulch.pdf

STATE OF NORTH CAROLINA

Department of Transportation

Invitation for Bid #: 54-DM-16173

Grain Straw Mulch

Date of Issue: January 24, 2025

Bid Opening Date: February 05, 2025

At 2:00 PM ET

Direct all inquiries concerning this IFB to:

Desmond McCleese

Procurement Specialist II

Email: dmccleese@ncdot.gov

Phone: 919-707-2629

Ver: 11/2023

STATE OF NORTH CAROLINA

Invitation for Bid #

54-DM-16173

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

Sealed, mailed responses ONLY will be accepted for this solicitation.

https://vendor.ncgov.com/vendor/login

Ver: 11/2023

Refer ALL Inquiries regarding this IFB to:

Desmond McCleese dmccleese@ncdot.gov

Invitation for Bid #: 54-DM-16173 Bids will be publicly opened: February 05, 2025, at 2:00PM ET

Using Agency: North Carolina Department of Transportation

Commodity No. and Description: 111217 Forestry byproducts

Requisition No.: 16173

EXECUTION

In compliance with this Invitation for Bid (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

This bid is submitted competitively and without collusion (G.S. 143-54), none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and It is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

It and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

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

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

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

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

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

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

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

STATE OF NORTH CAROLINA

Division of Department of Transportation mailto:dmccleese@ncdot.gov

Bid Number: 54-DM-16173 Vendor: __________________________________________

Ver: 11/2023 2

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 _______________, 2025, by

(Authorized Representative of the Department of Transportation)

Ver: 11/2023 3

Table of 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 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 HUB PARTICIPATION

4.4 PRODUCT IDENTIFICATION

4.5 TRANSPORTATION AND IDENTIFICATION

4.6 DELIVERY

4.7 HUB PARTICIPATION

4.8 VENDOR’S REPRESENTATIONS

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 SPECIFICATIONS

5.2 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

Ver: 11/2023 4

6.2 CONTINUOUS IMPROVEMENT

6.3 ACCEPTANCE OF WORK

6.4 INVOICES

6.5 DISPUTE RESOLUTION

6.6 PRODUCT RECALL

6.7 CONTRACT CHANGES

6.8 PRICE ADJUSTMENTS

7.0 ATTACHMENTS

ATTACHMENT A: PRICING

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING

Ver: 11/2023 5

1.0 PURPOSE AND BACKGROUND

The purpose of this Invitation for Bid (IFB) is to seek competitive bids from qualified vendors to establish an Agency Contract to provide Grain Straw Mulch to Division 7 – Roadside Environmental for the NC Department of Transportation. The state uses Grain Straw Mulch for many different reasons the following are a few reasons why. Straw mulch is inexpensive and widely available, easy to spread and can be applied in large quantities, less likely to blow away or erode than other types of mulch, great for suppressing weeds and adding organic material to the soil, helps retain moisture in the soil, helping plants to survive during dry spells.

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

1.1 CONTRACT TERM

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

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: 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/.

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

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

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

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

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.

http://eprocurement.nc.gov/

Ver: 11/2023 6

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 January 24, 2025 Submit Written Questions Vendor January 29, 2025, 2:00PM ET Provide Responses to Questions State January 30, 2025 Submit Bids Vendor February 05, 2025, 2:00PM ET Contract Award State TBD

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 emailed to dmccleese@ncdot.gov by the date and time specified above. Vendors should enter “IFB #54-DM-16173: Questions” as the subject for the email. Question submittals should include a reference to the applicable IFB section and be submitted in the 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 the IFB and an addendum to this IFB.

2.6 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. The time and date of receipt will be marked on each bid when received. Any bid or portion thereof received after the bid deadline will be rejected.

Mailing address for delivery of bid via US Postal Service

Office Address of delivery by any other method (special delivery, overnight, or any other carrier).

BID NUMBER: 54-DM-16173

Attn: Desmond McCleese North Carolina Department of Transportation Purchasing Section, Room 334 B 1510 Mail Service Center Raleigh, NC 27699-1510

BID NUMBER:54-DM-16173

Attn: Desmond McCleese North Carolina Department of Transportation Purchasing Section, 334B 1 South Wilmington St.

Raleigh, NC 27601

CAUTION: For bids submitted via U.S. mail, please note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the State’s Mail Service Center. Vendors are cautioned that bids sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency’s purchasing office on the due date in time to meet the bid deadline.

All Vendors are urged to take the possibility of delay into account when submitting bids by U.S. Postal Service, courier, or other mailto:dmccleese@ncdot.gov?subject=54-DM-16173:Questions https://evp.nc.gov/

Ver: 11/2023 7 delivery service. Attempts to submit a bid via facsimile (FAX) machine, telephone, or email in response to this IFB shall NOT be accepted.

a) Submit a signed, original executed bid response.

b) Submit your bid in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the IFB number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor submits more than one (1) bid, each bid shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Bids are subject to rejection unless submitted with the information above included on the outside of the sealed bid package.

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

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

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

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 Vendor Response: Section 4.6 Delivery; Section 5.1 Specifications.

d) Completed version of ATTACHMENT A: PRICING FORM

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

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

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

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 bid 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-DM-16173 (name of Vendor)” Each bid must be for a specific set of Goods and Services and must

Ver: 11/2023 8 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 found 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.

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 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:

Ver: 11/2023 9

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 are 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 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:

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

Ver: 11/2023 10 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 include in Vendor’s response.

4.2 ESTIMATED QUANTITIES

The quantities indicated herein are annual estimates only and are provided for informational purposes based on the anticipated usage during the previous three (3) year 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 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.

4.4 PRODUCT IDENTIFICATION

SUITABILITY FOR INTENDED USE

Vendors are requested to offer only items directly complying with the specifications herein or comparable items which will provide the equivalent capabilities, features and diversity called for herein. The State reserves the right to evaluate all quotes for suitability for the required use and to award the one best meeting requirements and considered to be in the State’s best interest.

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 quote 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):

NCDOT Division 7 Roadside Environmental – 333 Prison Camp Road, Graham, NC 27253

NCDOT Division 7 Roadside Environmental – 225 County Home Road, Reidsville, NC 27320

Ver: 11/2023 11

Vendor should complete delivery within thirty (30) consecutive calendar days after receipt of purchase order unless otherwise specified below:

For completion by Vendor: Delivery will be made from __________________________________________ (city, state) within _____ consecutive calendar days after receipt of purchase order. Promptness of delivery may be used as a factor in the award criteria.

DELIVERY NOTES:

The vendor shall be responsible for off-loading delivery vehicle and stacking mulch between the hours of 8:00 AM and 2:30 PM ET during normal working days.

Delivery shall be made on a request basis only.

Vendor must supply a trailer for storage.

4.7 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 RFQ 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.

4.8 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:

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

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 SPECIFICATIONS

SPECIFICATIONS FOR GRAIN STRAW MULCH (HAY):

It is the intent of these specifications to purchase (industry standard #1 grade) mulch, which meets the specifications herein:

No wet or molded grain straw will be accepted under any circumstance.

All baled mulch must be dry, grain straw, standard size, rectangular, firmly packed bales, weighing from 32 to 45 pounds, bound together with bailing twine (wire bound bales will not be accepted). Bales must remain intact during routine handling.

Mulch shall be reasonably free from excessive number of noxious weeds as defined by the North Carolina Department of Agriculture (NCDA). All baled mulch shall be in compliance with all applicable State and Federal plant pest quarantines, such as the red imported fire ant, witchweed, etc. If baled mulch shipments are made from a quarantined area, a certificate issued by NCDA must accompany it stating that it is in compliance with applicable quarantine requirements.

Should Contractor deliver or supply bales that fail to meet the average weight-per-bale requirement, all subsequent delivered or supplied loads must be accompanied by a weight ticket from scales certified by the NCDA. The scales shall be

Ver: 11/2023 12 operated by a properly licensed weighmaster in accordance with Chapter 81A of the General Statutes of North Carolina.

The weight ticket must contain the following information: date, type of material, gross weight, tare weight, net weight, baled mulch supplier’s name, public weigh master’s stamp or number and signature or initials, and the purchase order number.

If any grain straw supplied to fulfill this contract is to be stored by the supplier for more than 3 months, the storage area shall be treated with Dursban, Malatihion, Tempo, or another insecticide suitable to eliminate straw itch mites. If straw itch mites are found in the mulch in quantities suitable to cause irritation problems to NCDOT employees applying the grain straw, the supplier may be asked to allow the return of contaminated product and product and replace it with mite-free grain straw.

Grain straw mulch originating in counties regulated for imported fire ant (Solenopsis invicta), witchweed (Striga asiatica), or other noxious weeds shall be accompanied with a certificate or permit issued by the North Carolina Department of Agriculture (NCDA) or the United States Department of Agriculture (USDA). An official verification will be issued by NCDA/USDA when hay shipments originate in non-regulated counties to document the plant pest status of the county.

Information on how to secure the permits/certificates or official verifications may be obtained from the NCDA at 1-800-206- 9333. Shipments of hay found to be moving without certificates/permits or found to be infested with a plant pest may be placed under stop sale and returned to the shipper at his expense, treated at shipper expense under the direction of the NCDA/USDA, or destroyed. Any contamination of the NCDOT storage facilities and/or rights of way by plant pests or other contaminants will become the contractor’s responsibility for cleanup and/or deposition. Any inconsistencies or falsification of information will result in the immediate termination of the contract.

Prior to the delivery of each hay shipment, the vendor must contact the NCDA to obtain current plant pest quarantine requirements for the county where the hay originates. In cases where multiple shipments may be forthcoming, the NCDA may establish a compliance agreement to permit multiple shipments under a single certificate/permit. Failure to secure applicable certificates/permits/official verifications or the incidence of quarantine violations may result in cancellation of the contract and removal from future bid lists.

Note: Failure to complete the following “product questionnaire” and return it with your bid will result in bid rejection.

The undersigned signature verifies that all specifications and requirements for the Plant Pest Quarantine have been read, understood and agreed upon. It shall also be understood that failure to comply with the contractual agreements may result in cancellation of the contract and removal from future bid lists.

County(ies) from which the grain straw mulch/hay used to fulfill this agreement may originate:

Is the point of origin within this county in a Quarantine area?

(For more information contact NCDA 1-800-206-9333).

County Circle One

______________________________________________ Yes No

(Note: If straw is obtained from county(ies) other than the ones listed above after execution of this bid, the vendor must check the quarantine status with the NCDA at 1-800-206-9333 and obtain appropriate permits or certifications.)

Company Name:

Address:

Ver: 11/2023 13

Telephone Number:

Print Your Name/Title:

Signature: _____________________________________________________________________________________

A. Material is to be free of foreign plant material including weeds and other grasses.

B. All certified weight tickets shall indicate Empty, Gross, and Net weights and be turned into the Division Roadside Environmental Engineer/Supervisor at the time of delivery. Any certified weight tickets, which are dated more than 7 days prior to delivery, shall not be accepted unless reweighed.

C. Big rolls or round bales are not acceptable to fulfill this contract.

D. Bales shall not be tied with wire.

E. Only clean, dry straw will be accepted. Straw shall be tightly baled and must be 34” to 36” long as a minimum.

The North Carolina Department of Transportation reserves the right to reject any bales that are substandard in length (less than 34-36 inches).

F. Bales shall weigh between 40 lbs. and 60 lbs. Bales weighing outside these limits shall be rejected.

SPECIFICATIONS FOR CONTRACT PROPOSALS:

Material To Be Delivered to NCDOT Division 7 Roadside Environmental

Material shall meet all of the above specifications. Materials shall be priced per ton and are to be delivered to two locations within the Division, with all transportation charges prepaid and included in the bid price.

Upon award the successful vendor shall coordinate delivery with the Division Roadside Environmental Engineer.

Specific sites for delivery within the Division are listed below:

1. Division 7 Roadside Environmental, 333 Prison Camp Road, Graham, NC 27523

2. Division 7 Roadside Environmental, 225 County Home Road, Reidsville, NC 27320

The company shall comply with all applicable federal, state, and local laws, ordinances, and regulations governing safety and shall provide all safeguards needed on its own responsibility. All loads shall be covered during transportation. All deliveries to a particular site are to be made within 5 working days following notification by an NCDOT representative.

A 24-hour notice is required to the Roadside Environmental Engineer/Supervisor before actual delivery is made.

The NCDOT reserves the right to visit all sites and production fields at any time during the active contract to determine if the company can satisfactorily fulfill this contract.

A. Average size of bales offered:

________________ X _________________ X __________________ Width in inches length in inches depth in inches

B. Average weight of bales offered _________________________pounds per bale.

Ver: 11/2023 14

5.2 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.

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 (define roles and responsibilities).

Customer Service Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

6.2 CONTINUOUS IMPROVEMENT

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

6.3 ACCEPTANCE OF WORK

Performance of the work and/or 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.

Ver: 11/2023 15

6.4 INVOICES

Vendor shall invoice the Roadside Environmental Office. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Roadside Environmental Office with an invoice for each order. Invoices shall include detailed line-item information to allow the Roadside Environmental Office 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, Purchase Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure.

Send invoice to:

NCDOT Division 7 Roadside Environmental Attn: Michelle Louis Tranbarger 4253 Camp Burton Road McLeansville, NC 27301 Or e-mail invoice to mltranbarger@ncdot.gov

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

6.5 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.

6.6 PRODUCT RECALL

Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this RFQ 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 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.

6.8 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.

mailto:mltranbarger@ncdot.gov

Ver: 11/2023 16

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Ver: 11/2023 17

7.0 ATTACHMENTS

**IMPORTANT NOTICE**

RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE

FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT

ATTACHMENT A: PRICING

Complete and return the Pricing associated with this IFB, which can be found in the table below. Quantities listed are based upon a 3-year period.

FURNISH AND DELIVER:

Item # EST QTY. UOM DESCRIPTION UNIT PRICE (Per Ton)

EXTENDED PRICE

1 120 Tons Grain Straw Mulch, per specifications

• Delivery to 333 Prison Camp Road, Graham, NC 27253

2 120 Tons Grain Straw Mulch, per specifications

• Delivery to 225 County Home Road Reidsville, NC 27320

TOTAL EXTENDED PRICE: $________________

NOTE: QUANTITIES GIVEN ARE ESTIMATES ONLY. ACTUAL QUANTITIES WILL VARY.

No wet or molded grain straw will be accepted under any circumstance.

Ver: 11/2023 18

ATTACHMENT B: INSTRUCTIONS TO VENDORS

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

https://www.doa.nc.gov/formnorth-carolina-instructions-vendors/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 RETURNED WITH BID RESPONSE

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 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

MUST BE RETURNED WITH BID RESPONSE, IF APPLICABLE

*** Failure to Return the Required Attachments May Eliminate Your Response from Further Consideration *** https://urldefense.com/v3/__https:/www.doa.nc.gov/form-north-carolina-general-terms-and-conditions-11-2023/open__;!!OrxsNty6D4my!-C7mmXGditS_q2Dq3xD-Jyx5847LGHkCfu2N1vFsNjRbeKVng4vBk871pre2BvvhY0u8e64f70a7pkiALIu6JOKVLdt0p43_IGvjQA$ https://www.doa.nc.gov/pandc/onlineforms/form-hub-supplemental-vendor-information-9-2021/download https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.doa.nc.gov%2Fpandc%2Fonlineforms%2Fform-location-workers-09-2021%2Fdownload&data=05%7C02%7Cjonathan.davis%40doa.nc.gov%7Cf298a5b0a18e4016d32908dc692f5e36%7C7a7681dcb9d0449a85c3ecc26cd7ed19%7C0%7C0%7C638500899363461294%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=dOAwMnpCvh5RHlqwgm%2BAl%2B0kuaDQn%2B62VKVooIOmhCM%3D&reserved=0 https://www.doa.nc.gov/pandc/onlineforms/form-vendor-price-matching-opportunity-09-2021/download

5.2 DEVIATIONS