DFR_IT_RFP_Full_Document.docx

STATE OF NORTH CAROLINA

REQUEST FOR PROPOSAL NO. ####

Town of Mooresville Mooresville IT Department Offers will be publicly opened:

Issue Date: January 22 2025

Refer ALL inquiries regarding this RFP to:

Chris Lee clee@mooresvilllenc.gov 704-799-4002 Commodity Number:

Description:

Purchasing Agency: Town of Mooresville

Requisition No.:

OFFER

The Purchasing Agency solicits offers for Services and/or goods described in this solicitation. All offers and responses received shall be treated as Offers to contract as defined in 9 NCAC 06A.0102(12).

EXECUTION

In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within the time specified herein.

Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable.

OFFEROR:

Offer valid for ninety (90) days from date of offer opening unless otherwise stated here: 14 days

ACCEPTANCE OF OFFER

If any or all parts of this offer are accepted, an authorized representative of the Town of Mooresville shall affix its signature hereto and any subsequent Request for Best and Final Offer, if issued. Acceptance shall create a contract having an order of precedence as follows: Best and Final Offers, if any, Special terms and conditions specific to this RFP, Specifications of the RFP, the Department of Innovation & Technology Terms and Conditions, and the agreed portion of the awarded Vendor’s Offer. A copy of this acceptance will be forwarded to the awarded Vendor(s).

FOR PURCHASING AGENCY USE ONLY

Offer accepted and contract awarded this date, as indicated on attached certification, by (Authorized representative of Town of Mooresville).

Table of Contents

Ver. 2023.07.03

1.0 ANTICIPATED Procurement Schedule

The Agency Procurement Agent will make every effort to adhere to the following schedule:

Agency’s Response to Written Questions/ RFP Addendum Issued

2.0 Purpose of RFP

2.1 Introduction

The purpose of this RFP is to solicit Offers for Drones for First Responders. The Agency is seeking a fully remote, fully automated, multi-station, multi-drone, DFR platform capable of providing law enforcement sensitive air support missions in and around the Town of Mooresville’s territorial jurisdiction. This platform should also include radar operations to be fully compliant with FAA regulations also allowing for beyond line of site operation.

2.2 Contract Term

A contract awarded pursuant to this RFP shall have an effective date as provided in the Notice of Award. The term shall be one (1) year and will expire upon the anniversary date of the effective date unless otherwise stated in the Notice of Award, or unless terminated earlier. The Town retains the option to extend the Agreement for one (1) two (2) year period at its sole discretion.

2.2.1 EFFECTIVE DATE

This solicitation, including any Exhibits, or any resulting contract or amendment shall not become effective nor bind the Town until the appropriate Town purchasing authority/official or Agency official has signed the document(s), contract or amendment; the effective award date has been completed on the document(s), by the Town purchasing official, and that date has arrived or passed. The Town shall not be responsible for reimbursing the Vendor for goods provided nor Services rendered prior to the appropriate signatures and the arrival of the effective date of the Agreement. No contract shall be binding on the Town until an encumbrance of funds has been made for payment of the sums due under the Agreement.

2.3 Contract Type

Definite Quantity Contract - This request is for a close-ended contract between the awarded Vendor and the Town to furnish a pre-determined quantity of a good or service during a specified period of time.

The Town reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated specifications as to quantity, quality, delivery, service, geographical areas; and where other factors are deemed to be necessary or proper to the purchase in question.

2.4 Agency Background

The Town of Mooresville’s Information Technology (IT) Department supports the Town of Mooresville’s Police Department by providing nearly all IT services including existing UAS operations, 911 center operations, radio communication, and computerized software and hardware. The Town of Mooresville’s IT Department is tasked with Software Standardization practices, under Town policy (AP-TI-005). Additionally, the IT Department, operates under the Town of Mooresville’s policy AP-IT-105 (IT Governance) and AP-TI-010 (UAS Operation and Use). The Town of Mooresville is known as “Race City USA” and home to some of the most popular NASCAR teams including NASCAR Technical Institute.

2.5 PROBLEM Statement

The Town of Mooresville has exponentially grown in the last decade. Per the US Census Bureau, the Town of Mooresville’s population was 19,106 in 2000, rising to 32,711 in 2010, and surpassed 50 (fifty) thousand residents in 2020 at 50,193. Today’s estimates (2023 data) are at 51,447 and rising. With the growth of the Town of Mooresville, traffic and congestion have increased. In addition to additional residential growth, the Town of Mooresville has had growth in the commercial sectors as well. This has caused an increase in response time to both priority and non-priority calls for service.

It has become more difficult to hire and retain talented sworn employees due to a decline in public trust, poor media coverage (specifically on the law enforcement profession), an increasingly open job market, and higher pay wages in the private sectors. This has exasperated an increase in response times as the Town of Mooresville’s Police Department continuously has many vacancies left unfilled.

In 2020 the Town of Mooresville’s Information Technology Department deployed Automated License Plate Reader (ALPR) technology throughout the Town of Mooresville’s territorial jurisdiction. This technology has greatly increased the force multiplier. From 2020 – 2022, ALPR technology allowed the Mooresville Police Department to recover over 1.2 million dollars’ worth of stolen and sized property based on alerts generated through the ALPR program. With the success of the ALPR program, the Mooresville Police Department had several ALPR alerts that were not located.

The Town of Mooresville seeks to keep a lower response time to calls for service than the national average, which is estimated to be about 10 minutes. The Police Department also wishes to respond to each ALPR alert immediately. By empowering Beyond Line of Sight (BLOS) drone technology, the Town of Mooresville’s Police Department can respond to calls for service and ALPR alerts, quickly getting valuable information and providing that accurate and timely information to responding officers. This technology will also be utilized by sworn and/or non-sworn officials

3.0 RFP requirements and Specifications

3.1 General requirements and Specifications

3.1.1 REQUIREMENTS

Means, as used herein, a function, feature, or performance that the system must provide.

3.1.2 Specifications

Means, as used herein, a specification that documents the function and performance of a system or system component.

The apparent silence of the specifications as to any detail, or the apparent omission of detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only processes, configurations, materials and workmanship of the first quality may be used. Upon any notice of noncompliance provided by the Town, Vendor shall supply proof of compliance with the specifications. Vendor must provide written notice of its intent to deliver alternate or substitute Services, products, goods or other Deliverables. Alternate or substitute Services, products, goods or Deliverables may be accepted or rejected in the sole discretion of the Town; and any such alternates or substitutes must be accompanied by Vendor’s certification and evidence satisfactory to the Town that the function, characteristics, performance and endurance will be equal or superior to the original Deliverables specified.

3.1.3 Site and System Preparation

Vendors shall provide the Purchasing Town Department complete site requirement specifications for the Deliverables, if any. These specifications shall ensure that the Deliverables to be installed or implemented shall operate properly and efficiently within the site and system environment. Any alterations or modification in site preparation, which are directly attributable to incomplete or erroneous specifications provided by the Vendor, and which would involve additional expenses to the Town, shall be made at the expense of the Vendor.

3.1.4 Equivalent Items

Whenever a material, article or piece of equipment is identified in the specification(s) by reference to a manufacturer’s or Vendor’s name, trade name, catalog number or similar identifier, it is intended to establish a standard for determining substantial conformity during evaluation, unless otherwise specifically stated as a brand specific requirement (no substitute items will be allowed). Any material, article or piece of equipment of other manufacturers or Vendors shall perform to the standard of the item named. Equivalent offers must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison.

3.1.5 RESERVED

3.2 Security Specifications

3.2.1 reserved

3.2.2 Solutions Not Hosted on Town Infrastructure

The Town of Mooresville IT Department DFR Project Team will be required to receive and securely manage data that is classified as High Risk – Highly Restricted. Refer to the North Carolina Statewide Data Classification and Handling policy for more information regarding data classification. The policy is located at the following website: https://it.nc.gov/document/statewide-data-classification-and-handling-policy. The Town’s specific policies can also be found on the Town’s website.

To comply with the Town’s Security Standards and Policies, State and Town agencies are required to perform annual security/risk assessments on their information systems using NIST 800-53 controls. This requirement additionally applies to all Vendor-provided, agency-managed Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) solutions which will handle data classified as Medium Risk (Restricted) or High Risk (Highly Restricted) data.

(i) Federal Risk and Authorization Management Program (FedRAMP) certification, SOC 2 Type 2, ISO 27001, or HITRUST are the preferred assessment reports for any Vendor solutions which will handle data classified as Medium Risk (Restricted) or High Risk (Highly Restricted).

(ii) A Vendor that cannot provide a preferred independent 3rd party assessment report as described above may submit an alternative assessment, such as a SOC 2 Type 1 assessment report. The Vendor shall provide an explanation for submitting the alternative assessment report. If awarded this contract, a Vendor who submits an alternative assessment report shall submit one of the preferred assessment reports no later than 365 days of the Effective Date of the contract. Timely submission of this preferred assessment report shall be a material requirement of the contract.

(iii) An IaaS vendor cannot provide a certification or assessment report for a SaaS provider UNLESS permitted by the terms of a written agreement between the two vendors and the scope of the IaaS certification or assessment report clearly includes the SaaS solution.

(c) Additional Security Documentation. Prior to contract award, the Town may in its discretion require the Vendor to provide additional security documentation, including but not limited to vulnerability assessment reports and penetration test reports. The awarded Vendor shall provide such additional security documentation upon request by the Town during the term of the contract.

3.3 Enterprise Specifications

3.3.1 Enterprise Strategies, Services, and Standards

Agencies and vendors should refer to the Vendor Resources Page for information on North Carolina Information Technology enterprise services, security policies and practices, architectural requirements, and enterprise contracts. The Vendor Resources Page can be found at the following link: https://it.nc.gov/vendor-engagement-resources. This site provides vendors with statewide information and links referenced throughout the RFP document. Agencies may request additional information.

3.3.2 Architecture Diagrams Defined

The Town utilizes architectural diagrams to better understand the design and technologies of a proposed solution. These diagrams, required at offer submission, can be found at the following link: https://it.nc.gov/architectural-artifacts.

There may be additional architectural diagrams requested of the vendor after contract award. This will be communicated to the vendor by the agency as needed during the project.

3.3.3 RESERVED

3.3.4 IDENTITY AND ACCESS MANAGEMENT (IAM)

The proposed solution must externalize identity and access management. The protocols describing the Town’s Identity and Access Management can be found at the following link:

https://it.nc.gov/services/vendor-engagement-resources#identity-access-management Describe how your solution supports the above protocols as well as making them available for application integration/consumption.

3.4 Business and Technical Requirements

3.4.1 BVLOS

YES/NO

The Proposed Vendor will seek all required permits from the FAA and deploy equipment (hardware and software) that is sufficient to the FAA for beyond visual line of sight (BVLOS) waivers. The proposed solution shall seek a FAA waiver for BVLOS of 400’ (400 feet) Above Ground Level (AGL) and at least at a distance of 2 miles from the base station.

Describe how your solution will provide FAA BVLOS waivers.

3.4.2 SAFETY AUTOMATION

YES/NO

The proposed solution shall be fully remote and fully automated. The proposed solution shall allow a licensed pilot to remotely deploy the solution to a designated location without further manipulation of controls. The proposed solution shall have automated crash avoidance solutions in both hardware and software.

Describe how your solution meets and/or exceeds industry standards for autonomous crash avoidance in both hardware and software.

3.4.3 FLIGHT LOGS

YES/NO

The proposed solution will include flight logs. Flight logs shall be both graphical and text base. Flight logs shall be stored in the cloud solution and exportable as needed. Flight logs shall, at a minimum, include; pilot’s name or identifier, date and time of flight, flight duration, and location and flight path of flight.

Describe how your solution will capture flight logs, and the information contained within those logs.

3.4.4 FLIGHT DURATION

YES/NO

The proposed solution will have flight time capabilities greater than 40 minutes. Each drone shall be capable of flying at least 40 minutes between battery replacements. This flight time shall be measured with batteries at half-life, or at least 50% healthy. If batteries are unable to maintain flight time of at least 40 minutes, the Proposed Vendor shall replace the batteries to bring the flight time back into the requirement of 40 minutes or greater.

Describe how your solution will continuously provide flight times of at least 40 minutes continuously throughout the lease/purchase of the solution.

3.4.5 BATTERY AUTOMATION

YES/NO

The proposed solution shall be capable, at time of deployment, of autonomously hot-swapping batteries. Hot-swapping batteries is the ability to swap batteries without fully shutting down equipment.

Describe how your solution will provide automated battery swapping technology

3.4.6 MAINTENANCE

YES/NO

The Proposed Vendor will provide all maintenance throughout the life of the contract. Maintenance will include, but not limited to; replacement of worn propellers, frames, controllers, docking stations, and other parts needed to maintain requirements for BVLOS waivers and manufacturer’s recommended and/or preventive maintenance cycle.

Describe how your solution will provide routine and emergency maintenance on mission critical parts to keep in compliance with BVLOS requirements.

3.4.7 HOSTILE LAWS

YES/NO

Should any original equipment become unlawful to operate, the Proposed Vendor will provide replacement equipment equivalent to the original leased or purchased equipment that conforms to regulatory compliance.

Describe how your solution will stay within any current and future hostile regulatory requirements.

3.4.8 VIDEO QUALITY

YES/NO

The proposed solution shall capture video in no less than 2k (1440p) resolution. This includes live streaming and playback.

Describe how your solution will capture live and recorded video feeds in resolution of 2k or greater quality.

3.4.9 REMOTE INSPECTION

YES/NO

The proposed solution shall be capable of remote inspection of the drone prior to any flight, as required and/or recommend by FAA regulations.

Describe how the proposed solution will provide pilots the ability to remotely inspect the drone equipment prior to flight.

3.4.10 VIDEO CAPTURE CAPABILITIES

YES/NO

The proposed solution shall capture video of the drone prior to deployment and continuous video capture from onboard cameras throughout the duration of any flight. Any and all captured videos shall be manageable in a video management system.

Describe how your solution will capture video of equipment prior to launch, and continuation of video being captured by onboard cameras. Furthermore, describe how a video management solution will enable playback and export of any video recorded.

3.5 Business and Technical Specifications

3.5.1 INTEGRATION COMPUTER AIDED DISPATCH (CAD)

Describe how your solution will connect to Central Square One Solution CAD.

3.5.2 RADAR

Describe how or if your solution incorporates RADAR based sensing for airspace obstacle avoidance.

3.5.3 INTEGRATION SSO

Describe how your solution will integrate with Single Sign On.

4.0 Cost of Vendor’s Offer

4.1 Offer Costs

The Vendor must list, itemize, and describe any applicable offer.

4.2 Payment Schedule

The Vendor shall propose its itemized payment schedule based on the content of its offer. All payments must be based upon acceptance of one or more Deliverables.

5.0 Evaluation

5.1 Source Selection

A trade-off/ranking method of source selection will be utilized in this procurement to allow the Town to award this RFP to the Vendor providing the Best Value and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with or traded off against other non-price factors.

a) Evaluation Process Explanation. Town employees will review all offers. All offers will be initially classified as being responsive or non-responsive. If an offer is found non-responsive, it will not be considered further. All responsive offers will be evaluated based on stated evaluation criteria. Any references in an answer to another location in the RFP materials or Offer shall have specific page numbers and sections stated in the reference.

b) To be eligible for consideration, Vendor’s offer must substantially conform to the intent of all specifications. Compliance with the intent of all specifications will be determined by the Town. Offers that do not meet the full intent of all specifications listed in this RFP may be deemed deficient. Further, a serious deficiency in the offer to any one (1) factor may be grounds for rejection regardless of overall score.

c) The evaluation committee may request clarifications, an interview with or presentation from any or all Vendors as allowed by 9 NCAC 06B.0307. However, the Town may refuse to accept, in full or partially, the response to a clarification request given by any Vendor. Vendors are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms. Vendors should be prepared to send qualified personnel to Mooresville, North Carolina, to discuss technical and contractual aspects of the offer.

d) Vendors are advised that the Town is not obligated to ask for or accept after the closing date for receipt of offer, data that is essential for a complete and thorough evaluation of the offer.

5.2 Evaluation Criteria

Evaluation shall include best value, as the term is defined in N.C.G.S. § 143-135.9(a)(1), compliance with information technology project management policies as defined by N.C.G.S. §143B-1340, compliance with information technology security standards and policies, substantial conformity with the specifications, and other conditions set forth in the solicitation. The following Evaluation Criteria are listed in Order of Importance.

1) How well the Vendor’s offer conforms with the specifications in 3.4 (BUSINESS AND TECHNICAL REQUIRMENTS) and 3.5 (BUSINESS AND TECHNICAL SPECIFICATIONS),

2) How each Vendor’s offer compares with other Vendors’ offers,

3) Total Cost of Ownership,

4) Illustration(s) and/or explanations of adherence to Section 3.3 Enterprise Specifications,

5) Adherence to Section 3.2 Security Specifications,

6) Vendor Schedule / Timeline for completing work,

7) Strength of references relevant or material to technology area(s) or Specifications,

8) Vendor Past Performance - The Vendor may be disqualified from any evaluation or award if the Vendor or any key personnel proposed, has previously failed to perform satisfactorily during the performance of any contract with the Town, or violated rules or statutes applicable to public bidding in the State.

9) Risks associated with Vendor’s offer.

5.3 Best and Final Offers (BAFO)

The Town may establish a competitive range based upon evaluations of offers, and request BAFOs from the Vendor(s) within this range, e.g. “Finalist Vendor(s)”. If negotiations or subsequent offers are solicited, the Vendor(s) shall provide BAFO(s) in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The Town will evaluate BAFO(s), oral presentations, and product demonstrations as part of the Vendors’ respective offers to determine the final rankings.

5.4 POSSESSION AND REVIEW

During the evaluation period and prior to award, possession of the bids and accompanying information is limited to personnel of the issuing agency, and to the committee responsible for participating in the evaluation. Vendors who attempt to gain this privileged information, or to influence the evaluation process (i.e. assist in evaluation) will be in violation of purchasing rules and their offer will not be further evaluated or considered.

After award of contract the complete bid file will be available to any interested persons with the exception of trade secrets, test information or similar proprietary information as provided by statute and rule. Any proprietary or confidential information, which conforms to exclusions from public records as provided by N.C.G.S. §132-1.2 must be clearly marked as such in the offer when submitted.

6.0 Vendor Information and Instructions

6.1 General Conditions of Offer

6.1.1 Vendor Responsibility

It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and comply with all specifications, requirements and the Town’s intent as specified herein. If a Vendor discovers an inconsistency, error or omission in this solicitation, the Vendor should request a clarification from the Town’s contact person.

The Vendor will be responsible for investigating and recommending the most effective and efficient solution. Consideration shall be given to the stability of the proposed configuration and the future direction of technology, confirming to the best of their ability that the recommended approach is not short lived. Several approaches may exist for hardware configurations, other products and any software. The Vendor must provide a justification for their proposed hardware, product and software solution(s) along with costs thereof. Vendors are encouraged to present explanations of benefits and merits of their proposed solutions together with any accompanying Services, maintenance, warranties, value added Services or other criteria identified herein.

6.1.2 Rights Reserved

While the Town has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the Town of Mooresville, or the procuring Agency, to award a contract. Upon determining that any of the following would be in its best interests, the Town may:

a) waive any formality;

b) amend the solicitation;

c) cancel or terminate this RFP;

d) reject any or all offers received in response to this RFP;

e) waive any undesirable, inconsequential, or inconsistent provisions of this RFP;

f) if the response to this solicitation demonstrates a lack of competition, negotiate directly with one or more Vendors;

g) not award, or if awarded, terminate any contract if the Town determines adequate Town funds are not available; or

h) if all offers are found non-responsive, determine whether Waiver of Competition criteria may be satisfied, and if so, negotiate with one or more known sources of supply.

6.1.3 Solicitation amendments or revisions

Any and all amendments or revisions to this document shall be made by written addendum from the Agency Procurement Office. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

6.1.4 Oral Explanations

The Town will not be bound by oral explanations or instructions given at any time during the bidding process or after award. Vendor contact regarding this RFP with anyone other than the Town’s contact person may be grounds for rejection of said Vendor’s offer. Agency contact regarding this RFP with any Vendor may be grounds for cancellation of this RFP.

6.1.5 E-PROCUREMENT

This is an E-Procurement solicitation. See Attachment B, paragraph #38 of the attached North Carolina Department of Information Technology Terms and Conditions.

The Terms and Conditions made part of this solicitation contain language necessary for the implementation of North Carolina’s statewide E-Procurement initiative. It is the Vendor’s responsibility to read these terms and conditions carefully and to consider them in preparing the offer. By signature, the Vendor acknowledges acceptance of all terms and conditions including those related to E-Procurement.

a) General information on the E-Procurement service can be found at http://eprocurement.nc.gov/

b) Within two days after notification of award of a contract, the Vendor must register in NC E-Procurement @ Your Service at the following website: http://eprocurement.nc.gov/Vendor.html

c) As of the RFP submittal date, the Vendor must be current on all E-Procurement fees. If the Vendor is not current on all E-Procurement fees, the Town may disqualify the Vendor from participation in this RFP.

6.1.6 PROTEST PROCEDURES

Protests of awards exceeding $25,000 in value must be submitted to the issuing Agency at the address given on the first page of this document. Protests must be received in the purchasing agency’s office within fifteen (15) calendar days from the date of this RFP award and provide specific reasons and any supporting documentation for the protest. All protests are governed by Title 9, Department of Information Technology (formerly Office of Information Technology Services), Subchapter 06B Sections .1101 - .1121.

6.2 General Instructions for Vendor

6.2.1 SITE VISIT OR PRE-OFFER CONFERENCE

RESERVED

6.2.2 QUESTIONS CONCERNING THE RFP

All inquiries regarding the solicitation specifications or requirements are to be addressed to the contact person listed on Page One of this solicitation. Vendor contact regarding this Solicitation with anyone other than the contact person listed on Page One of this Solicitation may be grounds for rejection of said Vendor’s offer.

Written questions concerning this Solicitation will be received until 01/29/2025 at 5:00 pm Eastern Time.

They must be submitted to the contact person listed on Page One of this Solicitation via clee@mooresvillenc.gov. Please enter “Questions Solicitation XXXX” as the subject for the message. Questions should be submitted in the following format:

RFP Section, Page Number

6.2.3 ADDENDUM TO RFP

If a pre-offer conference is held or written questions are received prior to the submission date, an addendum comprising questions submitted and responses to such questions, or any additional terms deemed necessary by the Town shall become an Addendum to this RFP. Vendors’ questions posed orally at any pre-offer conference must be reduced to writing by the Vendor and provided to the Purchasing Officer as directed by said Officer. Oral answers are not binding on the Town.

6.2.4 COSTS related to OFFER SUBMISSION

Costs for developing and delivering responses to this RFP and any subsequent presentations of the offer as requested by the Town are entirely the responsibility of the Vendor. The Town is not liable for any expense incurred by the Vendors in the preparation and presentation of their offers.

All materials submitted in response to this RFP become the property of the Town and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the Town and the Vendor resulting from this RFP process.

6.2.5 VENDOR ERRATA AND EXCEPTIONS

Any errata or exceptions to the Town’s requirements and specifications may be presented on a separate page labeled “Exceptions to Requirements and Specifications”. Include references to the corresponding requirements and specifications of the Solicitation. Any deviations shall be explained in detail. The Vendor shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable. Offers of alternative or non-equivalent goods or services may be rejected if not found substantially conforming; and if offered, must be supported by independent documentary verification that the offer substantially conforms to the specified goods or services specification. If a vendor materially deviates from RFP requirements or specifications, its offer may be determined to be non-responsive by the Town.

Offers conditioned upon acceptance of Vendor Errata or Exceptions may be determined to be non-responsive by the Town.

6.2.6 ALTERNATE OFFERS

The Vendor may submit alternate offers for various levels of service(s) or products meeting specifications. Alternate offers must specifically identify the RFP specifications and advantage(s) addressed by the alternate offer. Any alternate offers must be clearly marked with the legend as shown herein. Each offer must be for a specific set of Services or products and offer at specific pricing. If a Vendor chooses to respond with various service or product offerings, each must be an offer with a different price and a separate RFP offer. Vendors may also provide multiple offers for software or systems coupled with support and maintenance options, provided, however, all offers must satisfy the specifications.

Alternate offers must be submitted in a separate document and clearly marked “Alternate Offer for ‘name of Vendor’” and numbered sequentially with the first offer if separate offers are submitted.

6.2.7 MODIFICATIONS TO OFFER

An offer may not be unilaterally modified by the Vendor.

6.2.8 BASIS FOR REJECTION

Pursuant to 9 NCAC 06B.0401, the Town reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered; non-compliance with the specifications or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the Town; cancellation or other changes in the intended project, or other determination that the proposed specification is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the Town.

6.2.9 NON-RESPONSIVE OFFERS

Vendor offers will be deemed non-responsive by the Town and will be rejected without further consideration or evaluation if statements such as the following are included:

1. “This offer does not constitute a binding offer”,

1. “This offer will be valid only if this offer is selected as a finalist or in the competitive range”,

1. “The Vendor does not commit or bind itself to any terms and conditions by this submission”,

1. “This document and all associated documents are non-binding and shall be used for discussion purposes only”,

1. “This offer will not be binding on either party until incorporated in a definitive agreement signed by authorized representatives of both parties”, or

1. A statement of similar intent

6.2.10 VENDOR REGISTRATION WITH THE SECRETARY OF STATE

Vendors do not have to be registered with the NC Secretary of State to submit an offer.

6.2.11 VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM

Vendor registration will be done through the Town’s site and system and in conjunction with the HR department.

6.2.12 VENDOR POINTS OF CONTACT

CONTACTS AFTER CONTRACT AWARD:

Below are the Vendor Points of Contact to be used after award of the contract.

[NAME OF VENDOR]

[STREET ADDRESS]

[CITY, STATE, ZIP]

Attn: Assigned Contract Manager

[NAME OF VENDOR]

[STREET ADDRESS]

[CITY, STATE, ZIP]

Attn: Assigned Technical Lead

6.3 Instructions for Offer Submission

6.3.1 GENERAL INSTRUCTIONS FOR OFFER

Vendors are strongly encouraged to adhere to the following general instructions in order to bring clarity and order to the offer and subsequent evaluation process:

a) Organize the offer in the exact order in which the specifications are presented in the RFP. The Execution page of this RFP must be placed at the front of the Proposal. Each page should be numbered. The offer should contain a table of contents, which cross-references the RFP specification and the specific page of the response in the Vendor's offer.

b) Provide complete and comprehensive responses with a corresponding emphasis on being concise and clear. Elaborate offers in the form of brochures or other presentations beyond that necessary to present a complete and effective offer are not desired.

c) Clearly state your understanding of the problem(s) presented by this RFP including your proposed solution’s ability to meet the specifications, including capabilities, features, and limitations, as described herein, and provide a cost offer.

d) Supply all relevant and material information relating to the Vendor’s organization, personnel, and experience that substantiates its qualifications and capabilities to perform the Services and/or provide the goods described in this RFP. If relevant and material information is not provided, the offer may be rejected from consideration and evaluation.

e) Furnish all information requested; and if response spaces are provided in this document, the Vendor shall furnish said information in the spaces provided. Further, if required elsewhere in this RFP, each Vendor must submit with its offer sketches, descriptive literature and/or complete specifications covering the products offered. References to literature submitted with a previous offer will not satisfy this provision. Proposals that do not comply with these instructions may be rejected.

f) Any offer that does not adhere to these instructions may be deemed non-responsive and rejected on that basis.

g) Only information that is received in response to this RFP will be evaluated. Reference to information previously submitted or Internet Website Addresses (URLs) will not suffice as a response to this solicitation.

6.3.2 Offer Organization

Within each section of its offer, Vendor should address the items in the order in which they appear in this RFP. Forms, or attachments or exhibits, if any provided in the RFP, must be completed and included in the appropriate section of the offer. All discussion of offered costs, rates, or expenses must be presented in Section 4.0. Cost of Vendor’s Offer.

The offer should be organized and indexed in the following format and should contain, at a minimum, all listed items below.

a) Signed Execution Page

b) Table of Contents

c) Description of Vendor Submitting Offer Form (Attachment D)

d) Vendor Response to Specifications and Requirements

e) Security Vendor Readiness Assessment Report (VRAR)

f) Architecture Diagrams

g) Cost Form of Vendor’s Offer (Attachment E)

h) Schedule of Offered Solution

i) Signed Vendor Certification Form (Attachment F)

j) Location of Workers Utilized by Vendor Form (Attachment G)

k) References (Attachment H)

l) Financial Statements (Attachment I)

m) Errata and Exceptions, if any

n) Vendor's License and Maintenance Agreements, if any

o) Supporting material such as technical system documentation, training examples, etc.

p) Vendor may attach other supporting materials that it feels may improve the quality of its response. These materials should be included as items in a separate appendix.

q) All pages of this solicitation document (including Attachments A, B, and C)

6.3.3 OFFER SUBMITTAL

IMPORTANT NOTE: Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. Vendor must include all the pages of this solicitation in their response. It is the Vendor’s sole responsibility to ensure its offer has been delivered to this Office by the specified time and date of opening. Any proposal delivered after the proposal deadline will be rejected.

Sealed offers, subject to the conditions made a part hereof, will be received until 2:00pm Eastern Time on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Failure to return a signed offer shall result in disqualification.

Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this Bid shall NOT be accepted.

a) All File names should start with the Vendor name first, in order to easily determine all the files to be included as part of the vendor’s response. For example, files should be named as follows: Vendor Name-your file name.

b) File contents SHALL NOT be password protected, the file formats must be in .PDF, .JPEG, .DOC or .XLS format, and shall be capable of being copied to other sources. Inability by the Town to open the Vendor’s files may result in the Vendor’s offer(s) being rejected.

c) If the vendor’s proposal contains any confidential information (as defined in Attachment B, Section 2, Paragraph #17), then the vendor must provide one (1) signed, original electronic offer and one (1) redacted electronic copy.

Questions or issues related to submission can be direct to the primary contact or the Town’s finance department.

7.0 Other Requirements and Special Terms

7.1 Vendor Utilization Of Workers Outside of U.S.

In accordance with N.C.G.S. §143B-1361(b), the Vendor must detail the manner in which it intends to utilize resources or workers in the RFP response. The Town of Mooresville will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award for any such Vendor’s offer.

Complete ATTACHMENT G - Location of Workers Utilized by Vendor and submit with your offer.

7.2 Financial Statements

The Vendor shall provide evidence of financial stability by returning with its offer 1) completed Financial Review Form (Attachment I), and 2) copies of Financial Statements as further described hereinbelow. As used herein, Financial Statements shall exclude tax returns and compiled statements.

a) For a publicly traded company, Financial Statements for the past three (3) fiscal years, including at a minimum, income statements, balance sheets, and statement of changes in financial position or cash flows. If three (3) years of financial statements are not available, this information shall be provided to the fullest extent possible, but not less than one year. If less than 3 years, the Vendor must explain the reason why they are not available.

b) For a privately held company, when certified audited financial statements are not prepared: a written statement from the company’s certified public accountant stating the financial condition, debt-to-asset ratio for the past three (3) years and any pending actions that may affect the company’s financial condition.

c) The Town may, in its sole discretion, accept evidence of financial stability other than Financial Statements for the purpose of evaluating Vendors’ responses to this RFP. The Town reserves the right to determine whether the substitute information meets the requirements for Financial Information sufficiently to allow the TOwn to evaluate the sufficiency of financial resources and the ability of the business to sustain performance of this RFP award. Scope Statements issued may require the submission of Financial Statements and specify the number of years to be provided, the information to be provided, and the most recent date required.

7.3 Financial Resources Assessment, Quality Assurance, Performance and Reliability

RESERVED

7.4 Vendor’s License or Support Agreements

Vendor should present its license or support agreements for review and evaluation. Terms offered for licensing and support of Vendors’ proprietary assets will be considered.

The terms and conditions of the Vendor’s standard services, license, maintenance or other agreement(s) applicable to Services, Software and other Products acquired under this RFP may apply to the extent such terms and conditions do not materially change the terms and conditions of this RFP. In the event of any conflict between the terms and conditions of this RFP and the Vendor’s standard agreement(s), the terms and conditions of this RFP relating to audit and records, jurisdiction, choice of law, the Town’s electronic procurement application of law or administrative rules, the remedy for intellectual property infringement and the exclusive remedies and limitation of liability in the DIT Terms and Conditions herein shall apply in all cases and supersede any provisions contained in the Vendor’s relevant standard agreement or any other agreement. The Town shall not be obligated under any standard license and/or maintenance or other Vendor agreement(s) to indemnify or hold harmless the Vendor, its licensors, successors or assigns, nor arbitrate any dispute, nor pay late fees, penalties, legal fees or other similar costs.

7.5 Resellers

RESERVED

7.6 DISCLOSURE OF LITIGATION

The Vendor’s failure to fully and timely comply with the terms of this section, including providing reasonable assurances satisfactory to the Town, may constitute a material breach of the Agreement.

In the event the Vendor, an officer of the Vendor, or an owner of a 25% or greater share of the Vendor, is convicted of a criminal offense incident to the application for or performance of a Town, public or private Contract or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of North Carolina employees; convicted under State or federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the Town, reflects upon the Vendor’s business integrity and such vendor shall be prohibited from entering into a contract for goods or Services with any department, institution or agency of the Town.

7.8 Security and Background Checks

The Agency reserves the right to conduct a security background check or otherwise approve any employee or agent provided by the Vendor, and to refuse access to or require replacement of any such personnel for cause, including, but not limited to, technical or training qualifications, quality of work or change in security status or non-compliance with the Agency’s security or other similar requirements.

All Town and Vendor personnel that have access to data restricted by the Town Security Manual and Policies must have a security background check performed. The Vendors are responsible for performing all background checks of their workforce and subcontractors. The Town reserves the right to check for non-compliance.

7.9 Assurances

In the event that criminal or civil…