61-RFP24002 Snack Machine Services.pdf

STATE OF NORTH CAROLINA

North Carolina Central University

Request for Proposal #: 61-RFP24002

Snack Vending Machine

Date of Issue: May 3, 2024

Proposal Opening Date: May 28, 2024

At 2:00 PM ET Local Time

Direct all inquiries concerning this RFP to:

Bernell Bright

Purchasing Manager

Email: bbrigh3-t@nccu.edu

Phone: 919 530-6877

Ver: 11/2023

STATE OF NORTH CAROLINA

Request for Proposal #

61-RFP24002

For internal State agency processing, including tabulation of proposals, 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 proposal.

Failure to do so may subject your proposal 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

Proposal Number: 61-RFP24002 Vendor: __________________________________________

Ver: 11/2023

Refer ALL Inquiries regarding this RFP to:

Bernell Bright

919 530-6877 bbright3-t@nccu.edu

Request for Proposal #: 61-RFP24002

Proposals will be publicly opened:

May 28, 2024 @ 2:00 PM EST Local Time

Using Agency: NCCU Facilities Commodity No. and Description: 901019 – Food and beverage equipment rental or leasing and maintenance services Requisition No.:

EXECUTION

In compliance with this Request for Proposals (RFP), 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 proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

▪ this proposal 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 proposal, 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 RFP, 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 RFP, 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 proposal, 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 proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals 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

North Carolina Central University mailto:bbright3-t@nccu.edu

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VALIDITY PERIOD

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

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, 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 North Carolina Central University)

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1.0 PURPOSE AND BACKGROUND

“NCCU is seeking proposals from qualified vendors to provide vending services, to include providing the vending machines with a variety of products, as well as maintaining the services.” Product and services are to be provided on an “as needed” basis. The University does not guarantee any minimum or maximum number of products and services or the amount of work for this contract.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and an addendum issued hereto. 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 contract award (the “Effective Date”). The vendor shall begin work under the Contract within Seven (7) business days of the Effective Date

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than [written number (x)] days before the end of the Contract’s then-current term. In addition, the State reserves the right to extend after the last active term.

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

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

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

2.2 E-PROCUREMENT FEE

Attention: This is NOT an E-Procurement solicitation. The paragraph entitled ELECTRONIC PROCUREMENT OF the North Carolina General Contract Terms and Conditions does not apply to this solicitation.

2.3 NOTICE TO VENDORS REGARDING RFP 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 RFP 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 RFP.

If Vendors have questions or issues regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL 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 RFP 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 proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal 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 RFP

Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiation and

Ver: 11/2023 4 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 proposal as nonresponsive.

2.4 RFP SCHEDULE

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

Event Responsibility Date and Time

Issue RFP State 5/3/2024

Hold Pre-Proposal Meeting/Site Visit State 5/13/2024 @ 2:00 PM EST

Submit Written Questions Vendor 5/16/2024 by 12:00 PM EST

Provide Response to Questions

(Posted as Addendum)

State 5/20/2024

Submit Proposals Vendor 5/28/2024

Contract Award State TBA

2.5 Urged and Cautioned Site/Visit and Pre-proposal Conference.

Date: 5/13/2024

Time: 2:00 PM Eastern Time

Location: 605 E. Lawson Street

NCCU Pearson Faculty-Staff Conference Room – 2nd floor

Durham, NC 27707

Contact #: (919) 530 6877

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

RFP. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this RFP.

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

2.6 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written

Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum.

Written questions shall be emailed to bbright3-t@nccu.edu by the date and time specified above. Vendors should enter “RFP #61-

RFP24002: Questions” as the subject for the email. Question submittals should include a reference to the applicable RFP section and be submitted in the format shown below:

Reference Vendor Question

RFP 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 RFP. 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 RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

mailto:bbright3-t@nccu.edu https://evp.nc.gov/

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2.7 PROPOSAL 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 proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal or portion thereof received after the proposal deadline will be rejected.

By Mail

Mailing address for delivery of proposal via US Postal Service

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

BID NUMBER: 61-RFP24002

North Carolina Central University

ATT: Bernell Bright-Purchasing Manager

1801 Fayetteville St. Shepard Bldg. Room 208

Durham, NC 27707

BID NUMBER: 61-RFP24002

North Carolina Central University

ATT: Bernell Bright-Purchasing Manager

1801 Fayetteville St. Shepard Bldg. Room 208

Durham, NC 27707

CAUTION: For proposals 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 proposals 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 proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal by U.S. Postal

Service, courier, or other delivery service. Attempts to submit a proposal via facsimile (FAX) machine, telephone, or email in response to this RFP shall NOT be accepted.

a) Submit a signed, original executed proposal response, one (1) bound, tabbed copy of the original complete bid, one (1) un-redacted copy on a flash drive, and if required, a redacted (Proprietary and Confidential Information Excluded) copy on flash drive of your flash drive of your simultaneously to the address identifies in the table above.

b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal 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. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package.

c) Copies of proposal files must be provided on separate read-only flash drives. File contents shall NOT be password protected but shall be in .PDF or .XLS format and shall be capable of being copied to other sources.

Volume One must contain the entire Technical and Cost Proposal including any proprietary information and have the following label affixed to the disc: 1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Volume One - Technical and Cost Proposal Non-Redacted.”

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal. 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.

Ver: 11/2023 6

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

The following label must be affixed to the file: (1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words “Volume Two Technical and Cost Proposal – Redacted Copy”.

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 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.

2.8 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP 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 proposal, in the State’s sole discretion.

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

a) Cover Letter, which must contain the following: (i) a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP, (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 Proposal

Number.

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

d) Signed receipt pages of any addenda released in conjunction with this RFP, 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

2.9 ALTERNATE PROPOSALS - Reserved

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency.

b) BUYER: The employee of the State or Other Eligible Entity that places an order with the Vendor.

c) COMMUNITY COLLEGE: Any of the fifty-eight (58) public North Carolina Community Colleges.

d) CONTRACT LEAD: Representative of the North Carolina Central University who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the State and who will administer RFP # 61-10005-STEAM- CONTRACT Vendor: __________________________________________ Page 9 of 33 this contract for the State.

e) EMERGENCY SERVICE: is intended to describe the services provided and is intended to mean the service required to repair the equipment and systems return or keep in operation and to maintain in good condition throughout the expected life of the unit or in a condition, which will enable it to economically accomplish the function for which it was provided emergency calls, and repair parts or replacements necessary for all the mechanical systems in the building such as refrigeration, steam and hot water heating, burners, fans, pumps, cooling towers, compressors, and associated controls. The contractor will furnish all repair and replacement parts required for the maintenance service contracted. The items’ labor and material cost will be paid for by the University to the

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Contractor, accompanied by purchase receipt for the item. Service Contractor will provide maintenance technical support, as requested, to assist in troubleshooting, data analysis, and general support to the maintenance effort at the University.

f) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid.

g) LOT: A grouping of similar products within this RFP.

h) NC BIDS: The North Carolina Business Invitation Delivery System provides vendors the opportunity to submit bid responses electronically.

i) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required.

j) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor.

k) RFP: Request for Proposal l) SERVICES or SERVICE DELIVERABLES: The tasks and duties undertaken by the Vendor to fulfill the requirements and specifications of this solicitation.

m) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law.

n) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions.

o) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal.

3.0 METHOD OF AWARD AND PROPOSAL 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 qualified proposals will be evaluated, and awards will be made to the

Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below.

While the intent of this RFP 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 RFP 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 proposals received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP 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

COMMUNICTIONS BY VENDORS.

Each Vendor submitting a proposal to this RFP, 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 proposal 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.

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

3.3 PROPOSAL EVALUATION PROCESS (Only responsive submissions will be evaluated.)

The State will conduct a One-Step evaluation of Proposals:

Proposals will be received according to the method stated in the Proposal Submittal Section above.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP 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 RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

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

3.4 EVALUATION CRITERIA

EVALUTION METHOD: Narrative and by consensus of the evaluating committee, explaining the strengths and weaknesses of each proposal and why the recommended awardee(s) provide the best value to the State.

All qualified proposals will be evaluated, and award made based on considering the following criteria listed in descending order of importance, to result in an award most advantageous to the State:

1. Vendor Technical Approach

2. Vendor Experience

3. Vendor Qualifications

4. Financial Capacity

5. Commission and Pricing

3.5 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 RFP, 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

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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

3.6 INTERPRETATION OF TERMS AND PHRASES

This RFP 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 proposals 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 RFP. Except as specifically stated in the RFP, 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 proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, 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 RFP. 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 proposal, the Vendor is urged to submit these items in the form of a question during the question-and-answer period in accordance with the

Proposal Questions Section above.

4.1 PRICING

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

4.2 INVOICES

Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide NCCU Accounts Payable with an invoice for each order. Invoices shall include detailed information to allow Accounts Payable 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.

Vendor shall invoice must be submitted to the following address:

North Carolina Central University

Accountspayable@nccu.edu

PO Box 19734

Durham, NC 27701

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 mailto:Accountspayable@nccu.edu

Ver: 11/2023 10 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 RFP 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 VENDOR EXPERIENCE

In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

4.6 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 Proposal.

4.7 BACKGROUND CHECKS

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

4.8 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 subcontractors(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 proposal 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.

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4.9 VENDOR’S REPRESENTATIONS

If Vendor’s Proposal 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.

4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATION

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

“NCCU is seeking proposals from qualified vendors to provide vending services, to include providing the vending machines with a variety of products, as well as maintaining the services.” Product and services are to be provided on an “as needed” basis. The University does not guarantee any minimum or maximum number of products and services or the amount of work for this contract.

5.1 GENERAL

This solicitation aims to select a supplier to furnish Vending Machines, Services for food and snack products.

The supplier shall finish, install, maintain, supply, and remove, as needed, various vending machines in designated locations of North Carolina Central University’s campus locations.

Vendors must provide machines that accept credit cards and dollar bill validators.

The University seeks a Supplier to create a comprehensive, integrated food and snack vending program that will increase customer satisfaction by providing quality products and state-of-the-art equipment while achieving growth and profitability in vending sales at North Carolina Central University.

The program currently consists of approximately forty-seven (47) vending machines.

5.2 TASK/DELIVERABLES

a. IMPLEMENTATION:

Transition services shall commence upon signing a letter of award by the University. The Vender shall be expected to provide professional coordination services, the expenses of which will be borne by the Vender. The Vender shall be expected to attend meetings as required by the University to assist in the preparation for the takeover of operations. All other services shall commence on or about 30 days from the contract award and shall remain in effect through the end of the contract term unless terminated, cancelled, or extended as otherwise provided herein. There will be a maximum 90-day overlap period between Venders at the end of the current contract period to allow for a smooth and orderly transition and to provide uninterrupted service.

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Any existing vendors must provide a complete list of all current machines on campus, age, location, and plan to reuse for approval by the University.

b. PRICE INCREASES:

Vender may not increase retail prices without the written consent of the University Contract Liaison. No annual increases are guaranteed. Vender will be required to provide justification for any request to increase prices. The University reserves the right to refuse.

If a price increase is allowed, the new price will become effective in the time between the end of the final Summer Term and the beginning of the new Academic Year.

c. ASSESSMENT:

The Vender must provide, when requested how quality and performance is measured in each of the following four (4) ways:

productivity, financial, strategic, and customer satisfaction. The Vender must also identify how this information will be conveyed to the University.

Please list the criteria upon which the measurements are based.

The Vender must provide a description of how accountability is maintained.

d. SAFETY:

All manufactured items and/or fabricated assemblies that are furnished by the Vender subject to operation under pressure or operation by connection to an electric source shall be constructed and approved in a manner acceptable to the appropriate state inspector. This customarily requires the label or reexamination listing or identification marking of the appropriate safety organization, such as the American Society of Mechanical Engineers for pressure vessels; and the Underwriter’s Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies, where such approvals or listings have been established for the type(s) of devices offered and furnished. Further, all items furnished by the Vender shall meet all requirements of the Occupational Safety and Health Act (OSHA). The University Safety Officer will be the final point of reference concerning vending machine safety.

The Vender must connect equipment to electrical circuits by plug only, using a cord of such length that neither the cord nor the plug is exposed to either side of the machine, or of a machine group if two or more are placed next to each other. No extension cords may be used. The maximum cord length is 10 feet. If machines use a grounding circuit, then the Vender is responsible for making certain that machines are always grounded. Any problems with electrical circuits must be reported to the Contract Administrator immediately.

Should it be necessary to ‘hard wire’ equipment to the electric source, the connection must be made by the University’s Facility Management group or a duly appointed Vender acting on their behalf at the expense of the Vender.

e. EAGLE CARD SYSTEM FEE:

The Vender must provide card readers compatible with the campus Eagle Card System. The Vender understands and agrees that the University shall be afforded a transaction fee in the form of 3% of gross sales (maybe subject to change) for administrative costs associated with the maintenance of the Eagle Card system. The University will reconcile the Eagle Card accounts on a monthly basis. The University will deduct the appropriate 3% administrative fee (based on gross sales) from each monthly payment, prior to forwarding payment to the Vender. All payments and administrative fees will be determined by the Eagle Card system for the period. The University will process payment to the Vender net thirty (30) calendar days after the end of each Reporting Period.

The University will provide the Vender, on a monthly basis, detailed and summary reports on usage and sales.

f. BUSINESS PLAN:

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The Vender is required to submit a business plan document that includes an organizational chart for the campus account, account representative/management person(s), a three (3) year Pro Forma, Marketing Plan, a description of how this location/account fits into existing company efforts, and a description of the value Vender brings to the campus.

The three year (3) Pro Forma must include the following broken out by each year:

1. Expected Sales

2. Expected Cost of Goods Sold

3. Expected Gross Profit

4. Expected Expenditures

5. Expected Net (Pre-tax) Profit

The Pro Forma will be used to see if the Vender understands the university’s potential for sales/service levels.

g. ONGOING SUPPORT:

The University requires that the Vender provide adequate account support throughout the term of the contract. For each individual listed below, the Vender is to provide information as to the level of experience, number of total contracts/accounts supervised or worked, number of staff hours and frequency of stocking dedicated to North Carolina Central University account on a weekly basis, and any additional information about knowledge/skills that provide support, and on-site presence.

• Account/Sales Representative

• Route Supervisor

• Route Person

• Maintenance/Repair Supervisor

h. MAINTENANCE:

The Vender shall maintain all vending machines in good working order when installed and thereafter to completion of the agreement and shall service all its vending machines and related equipment as often as is necessary to keep the machines and equipment properly supplied and in good working order.

Vender will make available to the university a telephone number for service calls and will respond on-site to calls between 9:00 AM and 5:00 PM, Monday through Friday. Vender's representatives may enter the Campus at reasonable times to install, repair, supply, and remove its machines.

Vender must provide experienced and qualified Staff in numbers sufficient to ensure efficient, hygienic, and orderly performance of vending operations. Vender’s staff must maintain proper standards of courtesy, service, and professionalism in dealing with the North Carolina Central University community.

The University shall have no liability to Vender for maintenance of the equipment or any damage to vending machines by a third party and Vender shall not make any claim against, or seek recovery from, the University for any loss or damage to the vending machines.

Venders will assume all responsibility for damage to the vending machines caused by neglect, vandalism, or any other cause.

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The University assumes no responsibility for these machines but shall exercise reasonable care to permit only authorized Vender personnel to remove or repair any of the machines. The Vender shall be responsible for cleanliness of all vending machines.

i. REMOVAL:

University reserves the right to require the Vender to replace or remove any machine which may be unacceptable or unsafe and reserves the right to remove any such machine at its discretion to protect persons and/or University property.

Vending machines must be removed within ten (10) business days of notice to Vender for completion, termination or cancellation of contract, nonpayment of commissions to the University, for machine malfunctions not corrected within three days of notification, or at the discretion of university, including any and all units and replacements.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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5.3 PROJECT ORGANIZATION

Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP and identify the responsibilities to be assigned to each person Vendor proposes to staff the work.

5.4 TECHNICAL APPROACH

Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

5.5 CERTIFICATION AND SAFETY LABELS

Any manufactured items and/or fabricated assemblies provided hereunder that are subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization acceptable to govern inspection where the item is to be located, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished.

Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

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:

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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 with the State 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.

6.5 ACCEPTANCE OF WORK

Performance of the work and/or…