72-PAMR24031 Rings.pdf

Proposal Number: 72‐PAMR24031 Vendor: __________________________________________

Ver: 11/2023

STATE OF NORTH CAROLINA

University of North Carolina at Wilmington

Request for Proposal: 72‐PAMR24031

ATHLETIC AWARDS:

Athletic Rings & Pendants

Date of Issue: 03/19/2024

Proposal Submittal Date & Time: 04/12/2024 2:00 PM ET

Proposal Opening Date: 04/12/2024 2:30 PM ET

Direct all inquiries concerning this RFP to:

Amanda M. Rose

UNCW Purchasing Services rosea@uncw.edu

910‐962‐4249

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STATE OF NORTH CAROLINA

Request for Proposal #

72‐PAMR24031

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 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 your proposal to be considered, 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

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STATE OF NORTH CAROLINA

University of North Carolina at Wilmington

Refer ALL Inquiries regarding this RFP to:

Amanda M. Rose, Purchasing Services rosea @uncw.edu 910‐962‐ 4249

Request for Proposal #: 72‐PAMR24031

Proposals will be opened: April 12, 2024 @ 2:30 PM

Using Agency: UNC‐Wilmington Proposals will be publicly opened in Admin Annex Conference Room, 2006, located at 622 MacMillan Ave, Wilmington, NC 28403

Requisition No.: TBD Commodity No. and Description: Athletic Rings & Pendants

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:

VALIDITY PERIOD

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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 of the University of North Carolina at Wilmington)

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 PROPOSAL QUESTIONS

2.6 PROPOSAL SUBMITTAL

2.7 PROPOSAL CONTENTS

2.8 ALTERNATE PROPOSALS

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES

4.3 FINANCIAL STABILITY

4.4 HUB PARTICIPATION

4.5 BACKGROUND CHECKS

4.6 PERSONNEL

4.7 VENDOR’S REPRESENTATIONS

4.8 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL REQUIREMENTS

5.2 LICENSING

5.3 SCOPE OF WORK

5.3.1 COMMUNICATION & DESIGN

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5.3.2 RING AND PENDANT SPECIFICATIONS

5.3.3 DELIVERY AND WARRANTY

5.4 QUESTIONS TO VENDORS

6.0 CONTRACT ADMINISTRATION

6.1 CUSTOMER SERVICE POINT OF CONTACT

6.2 ACCEPTANCE OF WORK

6.3 DISPUTE RESOLUTION

6.4 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

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1.0 PURPOSE AND BACKGROUND

The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified vendors to provide Athletic Rings and

Pendants, as needed, by the University’s nineteen (19) Athletics programs.

For general information about UNCW Athletics and its programs, please visit:

https://uncw.edu/about/university‐administration/administrative‐units/athletics‐administration https://uncwsports.com/

Proposals submitted will be evaluated by the entity. It is anticipated the selection of a firm will be completed by March 31, 2024.

Following the notification of the selected firm, it is expected a contract will be executed between both parties by April 15, 2024.

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

1.1 CONTRACT TERM

The Contract shall have an initial term of one year, beginning on the date of final contract execution (“Effective Date”). The Vendor shall begin work under the Contract within ten (10) business days of the execution.

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

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: The E‐Procurement fee does not apply to this solicitation. The section entitled ELECTRONIC PROCUREMENT of the

North Carolina General Terms and Conditions do not apply to this solicitation.

General information on the E‐Procurement Services can be found at: http://eprocurement.nc.gov/.

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

Ver: 11/2023 8 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 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 03/19/2024

Submit Written Questions Vendor 03/26/2024 12 PM ET

Provide Response to Questions State 04/1/2024

Submit Proposals Vendor 04/12/2024 2:00 PM ET

Contract Award State 04/25/2024

Work Begins Not Later Than Vendor 05/1/2024

2.5 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 rosea@uncw.edu by the date and time specified above. Vendors should enter “RFP # (number above): Questions” as the subject for the email. Question submittals should include a reference to the applicable RFP section

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.

2.6 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.

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).

PROPOSAL NUMBER: 72‐PAMR24031

Attn: Amanda M. Rose UNCW Purchasing Services 601 S. College Road Wilmington, NC 28403

PROPOSAL NUMBER: 72‐PAMR24031

Attn: Amanda M. Rose UNCW Central Receiving 5179 Lionfish Dr.

Wilmington, NC 28403

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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, one (1) original executed proposal response, one (1) un‐redacted copy on flash drive and, if required, one (1) redacted (Proprietary and Confidential Information Excluded) copies on flash drive of your proposal simultaneously to the address identified 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.

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.

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.

Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to upload proposals.

Critical updated information may be included in Addenda to this RFP. It is important that all Vendors responding to this RFP 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 RFP and all Addenda thereto.

2.7 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 (a copy of the entire RFP document).

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

e) Vendor’s Proposal addressing all Specifications listed in Section 5 of this RFP.

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f) Vendor’s responses to Section 5.4 QUESTIONS TO VENDOR

g) Completed version of ATTACHMENT A: PRICING

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

i) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

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

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

2.8 ALTERNATE PROPOSALS

Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of

Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal #___ [for ‘name of Vendor’]”. Each proposal must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered.

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference.

3.0 METHOD OF AWARD AND 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 Paragraph 29 of the Instructions to Vendors entitled

COMMUNICATIONS 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.

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

Ver: 11/2023 11 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 at the Admin Annex Conference Room, 2006, and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. 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.

Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) to the

State’s eVP website under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal 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 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. Cost 50%

2. Vendor Experience 20%

3. Approach to Services 15%

4. Ring Samples 15%

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

Ver: 11/2023 12 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

3.6 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 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.

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

Ver: 11/2023 13 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 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.

4.6 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 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.

4.7 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.

4.8 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

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B. The Purchasing Agency has conducted a risk assessment and determined that certain default coverage provisions in the North

Carolina General Terms and Conditions, paragraph entitled Insurance, should be increased from the minimums stated. Increased or additional insurance coverage amounts for this Solicitation are as follows. Coverages not changed here remain as stated in the

General Terms and Conditions.

a) Employer’s Liability $1,000,000

b) Commercial General Liability $2,000,000 Combined Single Limit

c) Automobile $1,000,000 Bodily injury and property damage

$1,000,000 Uninsured/under insured motorist

$1,000 Medical payment

5.0 SPECIFICATIONS AND SCOPE OF WORK

UNCW is soliciting the services of qualified providers of athletic award rings for Men’s and Women’s sports listed below. The quantities provided are estimates only and not guaranteed. Additional related award items may be of interest and vendors may propose “Optional” items.

Men’s Conference Rings & National Rings/Pendants

1. Basketball Quantity 65

2. Baseball Quantity 55

3. Golf Quantity 20

4. Soccer Quantity 35

5. Tennis Quantity 25

6. Swimming & Diving Quantity 35

7. Cross Country Quantity 30

8. Track & Field Outdoor Quantity 35

Women’s Conference Ring & National Rings/Pendants

1. Basketball Quantity 45

2. Softball Quantity 40

3. Golf Quantity 20

4. Soccer Quantity 40

5. Tennis Quantity 30

6. Swimming & Diving Quantity 45

7. Cross Country Quantity 35

8. Indoor Track Quantity 40

9. Track & Field Outdoor Quantity 40

10. Volleyball Quantity 35

11. Beach Volleyball Quantity 35

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5.1 GENERAL REQUIREMENTS

a) All rings must comply with any and all NCAA, CAA, and UNCW licensing requirements, guidelines, rules and regulations as it pertains to services and products provided through a resulting contract of this proposal.

b) University of North Carolina Wilmington reserves the right to conduct any test or inspection it may deem necessary during the contract to assure that products and services provided by the ring vendor conform to the contract.

Furthermore, the University will be the sole judge of acceptable quality. If any items are found to be unacceptable upon delivery, the Contractor will be notified and shall replace the items(s) within four to six (4‐6) weeks of the request.

c) No portion of work will be subcontracted without prior written consent of the University. In the event that the selected firm desires to subcontract any part of the work specified herein, the selected firm(s) will furnish the University the names, qualifications, and experience of its proposed subcontractors. The selected firm(s) will remain fully liable and responsible for the work to be performed by its subcontractor(s) and will assure compliance with all requirements of the Agreement.

5.2 LICENSING

The University of North Carolina Wilmington’s name, seal, logo, and marks are licensed through Affinity Licensing. Contractor will be required to maintain a license with the entity whose intellectual property is being utilized on the design and/or obtain the appropriate approval for such use. Licenses / approvals are not required to submit a proposal but must be in place prior to performing services. Failure to become licensed to use UNCW marks shall be considered a breach of contract. It shall be the responsibility of the Contractor to pay any applicable royalty or licensing fees directly to Affinity Licensing. University of North Carolina Wilmington shall not be involved in this process. https://affinitylicensing.com/licensing.

5.3 SCOPE OF WORK

Contractor will provide the following services to the University:

5.3.1 COMMUNICATION & DESIGN

A. Communication

1. Contractor will provide a designated Customer Service Representative (“CSR”) to work with Athletics.

2. Athletics will contact CSR via email when Services are required.

3. CSR will provide initial response to Athletics within forty‐eight (48) business hours. Athletics and SCR will discuss high level details of project. CSR will assign an artist from Contractor’s firm (“Artist”) to work with Athletics.

4. Communication is expected to consist of telephone calls and emails. If Contractor must visit University campus for in‐ person meetings, sales and fitting sessions with students, delivery, and other sessions as‐needed by UNCW, Contractor will bear all costs associated with the visit.

B. Design

1. Vendor must schedule an in‐person meeting with Athletics to discuss design and vision for rings and pendants.

2. Each sport program will have its own, unique design and the designs will be updated each year. Artist will work with Athletics to design Rings. A representative designated by Athletics will work directly with Artist on design elements Teams require. Artist will email preliminary drawings (colored artist sketch) based on design ideas provided to the CSR within seven (7) business days of initial response (ref. Section 5.3.1 A, Item 3).

3. Athletics’ representative and Teams will review preliminary drawings and work with Artist on any needed changes.

4. Final approval will include a list of all Recipient names, ring sizes, inside engraving request and required quantities.

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5.3.2 RING AND PENDANT SPECIFICATIONS

All requested Rings provided by Contractor must meet the following specifications:

A. Material

Material for Rings will be chosen by Teams during the design phase. Rings will be made of a minimum of 10 karat gold coating or equivalent and will not contain precious stones. Rings will be made from one (1) of the following approved materials:

1. Gold:

a. Minimum 10 karat gold coating

b. Silver Celestrium

2. Silver:

a. Argentium Silver

b. Elite Silver

3. Mixed Metal:

a. Shadow Cast or

b. University pre‐approved equivalent

University reserves the right to add other materials to the approved list if new materials are introduced to the marketplace.

B. Construction

1. All casts will be made in one (1) solid piece. All rings will be sized to the individual in the wax stage. In order to maintain the structural integrity of the ring, no rings will be cut or pieced after the casting is complete.

2. Brads and / or fittings will not extend through the back of the ring.

3. All pendants will include a 12” chain in the same material as the pendant.

4. All stones are to be in prong settings.

5. All dyes and molds used to produce the rings by the Contractor shall become the property of the University of

North Carolina Wilmington and shall remain in the possession of the Contractor. The Contractor shall, at its sole expense maintain such dyes and molds in first class condition at all times. Titles to the dyes and molds shall be vested in University North Carolina Wilmington and shall be returned to the University when the perspective mold is to no longer be utilized.

C. Engraving

Any engraving will be up to the individual Recipients or Teams with final approval from Athletics. Contractor will be given engraving requests with list of names at final approval (ref. Section 5.3.1 B, Item 4).

D. Quantities

The quantities ordered will be dependent on team play in any given year. There is no guarantee of purchase. A list of the sports and the potential quantities are listed in Section 5.0 Scope of Work.

5.3.3 DELIVERY AND WARRANTY

A. Delivery

1. Delivery must be made within six (6) weeks from the date of final approval (ref. Section 5.3.1 B, Item 4).

Ver: 11/2023 17

2. Penalties for late deliveries will be assessed as follows:

Amount owed to Contractor will be reduced by 5% for Ring orders received up to three (3) weeks late.

B. Warranty

1. A limited lifetime warranty will be included with all Rings/Pendants.

2. University will be the sole judge of acceptable quality. If any ring or pendant is found to be unacceptable upon delivery, Contractor will be notified and given the chance to correct the problem.

3. In the case that any defects in craftsmanship or other issued (i.e. loss of stone, chip in stone, etc.) arise, Contractor will be notified. Historically, Athletics has managed any repairs and / or replacements with Contractor on the student‐athlete’s behalf while the student‐athlete was enrolled at University and the student‐athlete contacts Contractor directly once no longer enrolled at University.

4. The contractor will verify any direct student‐athlete requests to replace Rings/Pendants with University to ensure student‐athlete is eligible to receive the Rings/Pendant.

5. Failure to correct to University’s satisfaction may lead to termination of Agreement.

5.4 QUESTIONS TO VENDORS

Vendor shall respond to each of the listed questions below. Vendors are requested to keep responses concise and relevant and should not include generic marketing materials. Responses will be reviewed as part of the evaluation process. Failure to provide the requested information may result in disqualification.

Vendor Experience (20%)

1. Provide references from three (3) of Proposer’s customers from NCAA Division 1 schools from the past five (5) years for services that are similar in scope, size, and complexity to the Services described in this RFP.

a. Provide the following information for each customer:

b. Customer name and address;

c. Contact name with email address and phone number;

d. Time period in which work was performed;

e. Short description of work performed.

University reserves the right to contact references provided at any time during the RFP process.

2. Has the Proposer worked with the University of North Carolina at Wilmington in the past five (5) years? If “yes,” state department name, department contact, and provide a brief description of work performed.

3. Is Proposer’s firm currently licensed to do work with University’s Office of Trademark Licensing, Affinity Licensing, the CAA or the NCAA? If yes, provide proof of licensure.

4. Provide the qualifications of the Customer Service Representative (CSR) for the University account if awarded this RFP.

Approach to Service (15%)

5. Describe your inspection and quality assurance process.

6. Provide product qualifications standards, manufacturing certifications, etc. (i.e. ISO 9000, ISO 9001, etc.)

7. Describe Proposer’s change order and cancellation policies and any fees associated.

Ver: 11/2023 18

8. Describe Proposer’s customer service approach as it applies to the Services described in this RFP including, but not limited to, working with Contractor’s personnel, design, delivery, etc.

9. Describe Proposer’s design process including how Artists share work with clients, sample review prior to production, etc.

10. Describe, at a high level, Proposer’s manufacture, distribution, & sale process. How long are the dies kept? Provide the location of the manufacturing plant Proposer will use to provide Rings for University if selected for award.

11. Describe the process that will be used to ensure the design University and Artist agree upon translations to the final product.

12. Provide a list of materials available through your company i.e. metals, precious stones, semi‐precious stones, enamel, etc.

13. What items does Proposer consider to be “options” or upgrades (stones, cuts, colors, etc.) to Rings? Provide a list of the most common options used. Note: Pricing will not be included here, only descriptions. Option/Upgrade pricing will be noted in Section 7.0 Attachment A, Pricing.

14. Provide the production timeline for the delivery of the rings.

15. Provide details on the individual packaging of each Ring (presentation) and the delivery method (i.e. hand delivery, carrier, etc.), the proposer will use if selected for award.

16. Describe limited lifetime warranty against defects in craftmanship Proposer intends to provide University if selected for award.

a. Length and condition of guarantee regarding defects in materials and workmanship.

b. Length and scope of guarantee regarding stones and stone decorations.

c. Conditions and associated charges for ring resizing and ring adjustments.

d. Conditions and associated charges for replacement and damaged rings.

e. Conditions and associated charges for ordering additional rings.

f. Responsibility and procedures for resolving disputes regarding the validity and warranty claims.

g. Conditions and associated charges for restoring ring finish.

h. Conditions on how repairs are made, who to contact, and how shipping rates are handled.

i. Differences in the way that warranty claims and charges are handled before a student graduates and after.

17. Describe how the following will be handled and indicate how Contactor should be contacted:

a. Adjustments

b. Damage

c. Replacement (if lost/stolen)

Ver: 11/2023 19

18. Would Proposer’s firm be interested in subsidizing the design & manufacturing costs through sponsorship opportunities at

Athletics sporting events? If so, provide details.

19. Describe any additional benefits Proposer will provide University if selected for award.

Ring Samples (15%)

20. Proposer will submit six (6) ring samples such as a wax mold or final product, with Proposal. Indicate, in response to

Questions 16, if samples must be returned to Proposer. If samples must be returned upon completion of RFP evaluation, provide information for return. If samples are mailed back to Proposer include a shipping account number to cover postage costs.

Samples must follow the following guidelines: Materials used must be one of the materials listed in Section 5.3.2 A. All rings must have a sport design and show work similar to that requested in this RFP. Samples can be from any prior work Proposer has completed and do not have to be created for the purpose of this RFP (unless a prior sample does not already exist). At least one (1) of the sample sets must be of the same design (men and women’s ring are of same metal and same design).

a. Silver Sample Set

Sample 1: Silver ring – men’s size

Sample 2: Sliver ring – women’s size

b. Gold Sample Set

Sample 3: Gold ring – men’s size Sample 4: Gold ring – women’s size

c. Mixed Metal Sample Set

Sample 5: Mixed metal ring – men’s size

Sample 6: Mixed metal ring – women’s size

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 CUSTOMER SERVICE POINT OF CONTACT

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:

Ver: 11/2023 20

6.2 ACCEPTANCE OF WORK

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

The State…