56-2501BTIFB ATHLETICS TRASH AND WASTE REMOVAL SVCS FINAL VERSION.pdf

STATE OF NORTH CAROLINA

East Carolina University

Invitation for Bid #: 56-2501BTIFB

Athletics Trash and Waste Removal Services

Date of Issue: June 10, 2025

Bid Opening Date: July 9, 2025

At 2:00 PM Eastern Time

Direct all inquiries concerning this IFB to:

Bryan Tuten

ECU Department of Materials Management

Email: tutenb@ecu.edu

Phone: 252-328-6289

Ver: 03/2023

Invitation for Bid #

56-2501BTIFB

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

Electronic responses ONLY will be accepted for this solicitation.

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

Bid Number: 56-2501BTIFB Vendor: __________________________________________

Ver: 03/2023 1

Refer ALL Inquiries regarding this IFB to:

Bryan Tuten, ECU Materials Management

Email: tutenb@ecu.edu

Phone: 252-328-6289

Invitation for Bid #: 56-2501BTIFB

Bids will be publicly opened: July 9, 2025, at 2:00 PM (Eastern Time)

Using Agency: East Carolina University Commodity No. and Description: 91027 Waste and Trash Removal Svcs.

Requisition No.: N/A (Agency Contract)

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 may render bid invalid and it MAY BE REJECTED. Late bids shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

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

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

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

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

VALIDITY PERIOD

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

East Carolina University mailto:tutenb@ecu.edu

ACCEPTANCE OF BIDS

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

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

The attached certification, by ____________________________________________________________________.

(Authorized Representative of East Carolina University)

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 MANDATORY SITE VISIT

2.6 BID QUESTIONS

2.7 BID SUBMITTAL

2.8 BID CONTENTS

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 BID EVALUATION PROCESS

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

3.5 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES

4.3 FINANCIAL STABILITY

4.4 HUB PARTICIPATION

4.5 REFERENCES

4.6 BACKGROUND CHECKS

4.7 PERSONNEL

4.8 VENDOR’S REPRESENTATIONS

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 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

6.5 TRANSITION ASSISTANCE

6.6 DISPUTE RESOLUTION

6.7 CONTRACT CHANGES

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 E: CUSTOMER REFERENCE FORM

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

1.0 PURPOSE AND BACKGROUND

East Carolina University (ECU or University) is requesting bids for trash and waste-related removal and cleaning services at various ECU Athletics stadiums (including Minges Coliseum and Dowdy-Ficklen Stadium), designated stadium parking lots, and related athletic events. Waste and trash-related removal services includes vendor removing waste/trash, after each event, and placing in roll off dumpsters that will be located at or near stadium locations and parking lots. For football events, vendor must provide at least two roll off dumpsters inside Dowdy-Ficklen stadium, in areas designated by ECU Athletics. ECU will provide roll off dumpsters in parking lots near Dowdy-Ficklen stadium area. ECU will be providing roll off dumpsters for trash and waste to be placed by vendor at all other stadiums. Potential contract is for five (5) years and expected to go into effect August 1, 2025. See Section 1.1 for contract terms and other details. The vendor must supply all personnel, equipment, and supplies necessary to complete requested services. Details of stadiums, when athletic events are held, etc. are on the ECU Athletics website at East Carolina University Athletics - Official Athletics Website (ecupirates.com) and Grady-White Boats Athletic Campus - East Carolina University Athletics (ecupirates.com). Some events will be held during holidays/holiday weekends, weekends, nights, etc. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. The intent of this solicitation is to award an Agency Contract.

1.1 CONTRACT TERM

The Contract shall have an initial term of one (1) year, beginning on the date of final Contract execution (the “Effective Date”) or

August 1, 2025, whichever is later. Costs will be fixed and not change during the first one (1) year period. At the end of the

Contract’s initial one year term, the State/ECU shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to four (4) additional one-year terms. Potential contract will be up to five (5) years. Pricing should not increase more than the current CPI for the U.S. South or Southeast Region, at the time for each annual renewal period, and not to exceed 5%. A new quote along with price increase request should be submitted from the vendor/contractor at least thirty (30) days prior to each annual renewal period and/or request for additional services and must be approved by East

Carolina University. The State will give the Vendor written notice of its intent to exercise each option no later than thirty (30) days before the end of the Contract’s then-current term. East Carolina University may terminate this Contract for convenience at any time by providing thirty (30) days’ notice in writing from ECU to the Vendor. East Carolina University reserves the right to cancel this contract immediately and at any time if the contracted vendor is not meeting ECU’s requirements, specifications, and/or standards. ECU shall pay for items and/or services satisfactorily provided prior to the effective date of termination. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term, in 90-day-or-less increments.

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.

https://ecupirates.com/index.aspx https://ecupirates.com/index.aspx https://ecupirates.com/facilities https://ecupirates.com/facilities http://eprocurement.nc.gov/

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 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 6/10/25

Hold Pre-Bid Meeting/Site Visit State 6/19/25 at 9:30 am (Eastern Time)

Submit Written Questions Vendor 6/25/25 no later than 5:00 pm (Eastern Time)

Provide Response to Questions State 7/2/25 no later than 5:00 pm (Eastern Time)

Submit Bids Vendor 7/9/25 at 2:00 PM (Eastern Time)

Contract Award State 8/1/25 est

2.5 MANDATORY SITE VISIT

Date: Thursday, 6/19/25

Time: 9:30 AM (Eastern Time)

Location: 916 Blackbeards Alley

Greenville, NC 27858

Attendees meet inside Gate 2 of Dowdy-Ficklen Stadium

Contact #: (252) 328-6289 or (252) 328-6434

Instructions: It shall be MANDATORY that a representative from each Vendor be present for a pre-bid site visit. Attendees must arrive promptly All attendees must sign in upon arrival and clearly indicate each prospective Vendor represented on the sign in sheet. LATE ARRIVALS WILL NOT BE ALLOWED TO SIGN IN OR PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR BID BE

CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow. Due to space limitations, ECU requests that up to two (2) representatives from each vendor attend this site visit. Please RSVP your attendance at this mandatory site visit by 5 pm on June 17, 2025 by emailing Bryan Tuten at tutenb@ecu.edu.

FAILURE TO ATTEND THE MANDATORY SITE VISIT SHALL RESULT IN VENDOR’S BID BEING DEEMED NON-RESPONSIVE AND NOT

CONSIDERED FOR AWARD.

The purpose of this visit is for all prospective Vendors to apprise themselves of the conditions and requirements which will affect the performance of the work called for by this IFB. Vendors must stay for the duration of the site visit. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this IFB.

mailto:tutenb@ecu.edu

Vendors are cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this IFB, must be confirmed by written addendum before it can be considered to be a part of this IFB and any resulting contract.

2.6 BID QUESTIONS

Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum.

Written questions shall be emailed to tutenb@ecu.edu by the date and time specified above. Vendors should enter “IFB #56-

2501BTIFB: 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 Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding.

Vendors shall rely only on written material contained in the IFB and an addendum to this IFB.

2.7 BID SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. 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.

If applicable to this IFB and using NC BIDS, all bid responses shall be submitted electronically via the North Carolina Business

Invitation Delivery System (NC BIDS). For additional information, the NC BIDS for Vendors page includes online training videos and a link to NC BIDS FAQs for Vendors.

If confidential and proprietary information is included in the bid, also submit one (1) signed, REDACTED copy of the bid. Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services, or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

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

Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bids(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 to this IFB periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shal l be deemed to have read and understood all information in this IFB and all Addenda thereto.

http://www.ips.state.nc.us/ https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors

All bid 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 .

2.8 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) Cover Letter, which must include all of the following: (i) a statement that confirms that the Vendor has read the IFB in its entirety, including all links, and all Addenda released in conjunction with the IFB; (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein; and (iii) Vendor’s agreement to comply with all instructions, terms and conditions, and attachments.

b) Title Page: Include the company name, address, phone number and authorized representative along with the Bid Number.

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

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

e) Completed version of ATTACHMENT A: PRICING

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

g) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

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

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

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

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

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

While the intent of this IFB is to award a Contract(s) to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items, or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

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

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the 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 https://eprocurement.nc.gov/news-events/evp-updates-vendors

Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

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

3.3 BID EVALUATION PROCESS

Only responsive submissions will be evaluated.

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

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

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

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

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

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

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

IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the

State.

The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a

Best and Final Offer (BAFO) based on discussions and negotiations with the State.

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues

3.5 INTERPRETATION OF TERMS AND PHRASES

This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better bid, the

Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Bid

Questions Section above.

4.1 PRICING

Bid price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete

ATTACHMENT A: PRICING FORM and include in Vendor’s response.

4.2 INVOICES

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

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 OR SERVICES ACCEPTED.

4.3 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this

Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The

State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.4 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those

Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.5 REFERENCES

Vendor shall provide at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided

Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory.

The information obtained may be considered in the evaluation of the Bid.

4.6 BACKGROUND CHECKS

Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background, the following details must be provided to the State:

a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, by Vendor, its officers or directors, or any of its employees or other personnel to provide

Services on this project, of which Vendor has knowledge, or provide a statement that Vendor is aware of none;

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

c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings;

d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none.

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

Vendor’s response to these requests shall be considered a continuing representation, and Vendor’s failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this Contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this Contract.

4.7 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

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

4.8 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:

☐ Small Purchases

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

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

5.0 SPECIFICATIONS AND SCOPE OF WORK

The Scope of Work includes waste and trash pickup and removal from designated stadiums (including arenas) and parking lots after each event. Separate pricing is required for each stadium and parking lot areas on Attachment A (Pricing Form).

Service requirements shall include the following:

1. Clean up all waste, trash, bottles, cans, cups, charcoal, etc. in all designated stadiums and parking lot areas used for games and/or events at ECU Dowdy-Ficklen Stadium. This includes blowing, sweeping, vacuuming, and mopping as needed and as determined by ECU Athletics.

2. Contractor must complete services at each designated stadium or parking lots by a specific time/date due to other

University-related commitments and high visibility of these areas. ECU Athletics may provide a punch list of items or tasks that were missed from these services provided by the Contractor. If punch list is provided, some items or tasks must be completed within 24 hours after receiving the punch list and as instructed by ECU Athletics.

3. Contractor must provide equipment and supplies needed for the job, such as trash bags, gloves, blowers, shovels, push carts, etc.

4. Items to be cleaned up must be separated from recycled and non-recycled bags or containers. Any designated recycle bags must be opened and its recycled contents emptied into the designated recycling dumpster for each stadium and location.

5. Empty each waste barrel located in designated parking and stadium areas and turn barrels upside down (after emptied). Contractor is not required to reline waste barrel during clean-up. University employees will line waste barrels and cans prior to each event.

6. Waste collected from stadiums and designated parking lots shall be deposited into the dumpsters assigned to the contractor.

7. Contractor must provide any vehicles needed to assist with cleaning of the stadium and designated parking lots.

Vehicles being used are subject to ECU Athletics and/or ECU Facilities Services approval. Parking permits and designated parking areas will be issued to Contractor staff working these events.

8. Contractor must provide the proper number of people that is required to complete services for all areas and within the designated timelines as given by ECU Athletics.

9. Contractor shall be responsible for any damages done to any University or Non-University property, persons, equipment, etc.

10. Contractor is responsible for meeting its staff before services begin and transporting them, as needed, to the different stadium and parking lot locations.

11. Contractor shall provide a Contract/Project Manager on site and at all times while performing these services.

Project Manager must be available at all times to ECU Athletics and must be fully capable of communicating with

ECU Athletics staff as needed. Project Manager will be responsible for the conduct of Contractor’s staff and services at all times.

12. Contractor will immediately notify ECU Athletics of any emergency, malfunction, safety hazard or concern, etc while services are being performed.

13. Other Miscellaneous Requirements:

a. Contractor must supply high visibility vests to all its staff performing these services at all designated locations. These vests shall be worn at all times while on ECU property and/or while performing these services pertaining to this contract (even if not on ECU property).

b. Contractor must ensure that all its staff will look and act professional while on ECU property and/or while performing these services (even if not on ECU property). For example, someone should not be performing these services while wearing offensive or inappropriate attire, such as wearing an ECU opposing or rival team shirt or hat that’s inappropriate to wear at an ECU event or on the ECU campus. The University reserves the right to determine if the professionalism of any Contractor’s staff is suitable, and to immediately remove any employee who is unprofessional. This includes soliciting business or services from fans or others while at these events and/or while performing these services pertaining to this contract.

c. Contractor must provide background checks on each employee, and ensure that each employee’s background is satisfactory and meeting all University contractor-related requirements.

5.1 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/Project 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 POST AWARD PROJECT REVIEW MEETINGS

The Vendor, at the request of the State, shall be required to meet periodically and/or as needed and when requested by ECU for

Project Review meetings. 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.

6.3 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.

6.4 ACCEPTANCE OF WORK

Performance of the work and/or delivery of Goods or Services 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.

Acceptance of Vendor’s work product shall be based on the following criteria:

6.5 TRANSITION ASSISTANCE

If a Contract results from this solicitation, and the Contract is not renewed at the end of the last active term, or is canceled prior to its expiration, for any reason, Vendor shall provide transition assistance to the State, at the option of the State, for up to three

(3) months to allow for the expired or canceled portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Services to the State or its designees. If the State exercises this option, the Parties agree that such transition assistance shall be governed by the terms and conditions of the Contract (notwithstanding this expiration or cancellation), except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The State shall agree to pay Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Contract for performance of the Services or other resources utilized.

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 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 through the contract administrator and must be signed by authorized representatives of both parties.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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:

VENDOR TO PROVIDE THE FOLLOWING SERVICES AND COMPLETE THE FOLLOWING

FOR ANNUAL EVENTS (PLEASE INCLUDE ANY DISCOUNTS WHERE APPLICABLE):

Item Qty UOM Description UNIT

PRICE

EXTENDED

PRICE

8 EA POST GAME WASTE/TRASH REMOVAL SERVICES AT

DOWDY-FICKLEN STADIUM DESIGNATED PARKING

LOTS AND ADJACENT AREAS (FOOTBALL). Post game waste-related pick up and removal services at designated parking lots and adjacent areas surrounding Dowdy-Ficklen Stadium for up to 7 home football games.

Services to be completed within 8 hours after game has ended, starting with these high priority parking lots:

Elmhurst School parking lots and Student Pirate Club/College Hill parking lot (both these parking lot areas must be completed no later than 7 am the following day).

Adjacent areas to these parking lots are where trash or waste from these events have entered those areas (such as wooded areas) and need to be removed by contractor within the required completion timeframe. Quantity of games are subject to change based on event cancellations, additional games scheduled or due to post season, etc.

2 8 EA POST GAME WASTE REMOVAL SERVICES AT

DOWDY-FICKLEN STADIUM INSIDE BOWL, SEATING

AREAS, AND CONCOURSE AREAS (FOOTBALL). Post game waste-related pick up and removal services at Dowdy-Ficklen Stadium inside bowl, seating areas, and concourse areas for up to 7 home football games.

Services to be completed within 48 hours after game has ended. Contractor employees should not be entering and/or beginning these services until after the event has ended. Quantity of games are subject to change based on event cancellations, additional games scheduled or due to post season, etc.

3 22 EA POST GAME WASTE REMOVAL SERVICES AT

JOHNSON STADIUM SEATING AND CONCOURSE

AREAS. Post-game waste-related pick up and removal services at Johnson Stadium seating and concourse areas for up to 10 home soccer games and up to 18 home lacrosse games. Services to be completed on the day of the event and within 4 hours after game has ended.

Quantity of games are subject to change based on event cancellations, additional games scheduled or due to post season, etc.

4 40 EA POST GAME WASTE REMOVAL SERVICES AT CLARK-

LECLAIR STADIUM SEATING AND CONCOURSE

AREAS.