DOT_IFB _RC-54-12170481_Aggregate Material.pdf

STATE OF NORTH CAROLINA

Department of Transportation

Invitation for Bid: 54-RC-12170481

AGGREGATE, Various Material Martin County

Date Issued: March 20, 2025

Bid Opening Date: April 2, 2025

At 2:00 PM ET

Direct all inquiries concerning this IFB to:

Roy Clark

Procurement Specialist III

Email: rclark1@ncdot.gov

Phone: 919-707-2623

Ver. 11/2023

Invitation for Bids #

54-RC-12170481

For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor

Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your bid.

Failure to do so shall be sufficient cause to reject your bid.

Vendor Name

Vendor eVP #

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login

Electronic responses ONLY will be accepted for this solicitation.

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

Ver: 11/2023 1

EXECUTION

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

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

▪ this bid is submitted competitively and without collusion (G.S. 143-54),

▪ that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter

78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and

▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1.

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

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

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the 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 Contract; 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 bid response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees or agents of Vendor’s organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL

TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign bid prior to submittal will render bid invalid and it SHALL BE REJECTED. Late bids cannot 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: E-MAIL:

Department of Transportation

Refer ALL Inquiries regarding this IFB to:

Roy Clark rclark1@ncdot.gov

919-707-2623

Invitation for Bids # 54-RC-12170481

Bids Will Be Electronically Opened: April 2, 2025 @ 2:00 PM ET

UNSPCS Commodity No.: 301217 Aggregate

Contract Type: Agency Specific Term

Using Agency: NC Department of Transportation

Requisition No: 12170481 mailto:rclark1@ncdot.gov

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 2

FOR STATE USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by ______________________________________________________

(Authorized Representative of Department of Transportation)

VALIDITY PERIOD

Offer shall be valid for at least Ninety (90) days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this

IFB.

BID ACCEPTANCE

If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply.

Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 3

TABLE OF CONTENTS

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

2.4 IFB SCHEDULE

2.5 BID QUESTIONS

2.6 BID SUBMITTAL

2.7 BID CONTENTS

2.8 ALTERNATE BIDS

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 BID EVALUATION PROCESS

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

3.5 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 PRODUCT IDENTIFICATION

4.3 APPROVED RESOURCE

4.4 TRANSPORTATION AND IDENTIFICATION

4.5 DELIVERY

4.6 HUB PARTICIPATION

4.7 VENDOR’S REPRESENTATIONS

4.8 FINANCIAL STABILITY

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 PRODUCT SPECIFICATIONS

5.1 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 CONTINUOUS IMPROVEMENT

6.3 ACCEPTANCE OF WORK

6.4 INVOICES

6.5 DISPUTE RESOLUTION

6.6 PRODUCT RECALL

6.7 CONTRACT CHANGES

6.8 ESTIMATED QUANTITIES

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 4

7.0 SUPPLEMENTAL TERMS AND CONDITIONS

7.1 GENERAL TERMS AND CONDITIONS FOR AGGREGATE

8.0 ATTACHMENTS

ATTACHMENT A: PRICING FORM

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: RESERVED

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 5

1.0 PURPOSE AND BACKGROUND

The purpose of this solicitation is to establish an agency specific term contract to furnish and deliver Various Aggregate Materials to the North Carolina Department of Transportation (NCDOT), Martin County Maintenance location on an as needed basis.

The North Carolina Department of Transportation (NCDOT) uses approved aggregate materials throughout the state to complete the construction of roads, bridges and other surface and weather-related projects.

1.1 CONTRACT TERM

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

In addition, the State reserves the right with the vendors’ concurrence to extend a contract term after the last active term.

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

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

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

2.2 E-PROCUREMENT FEE

ATTENTION: The E-Procurement fee may apply to this solicitation. See paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

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

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

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

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

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

The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as non-responsive.

http://eprocurement.nc.gov/

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 6

2.4 IFB SCHEDULE

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

Event Responsibility Date and Time

Issue IFB State March 20, 2025

Submit Written Questions Vendor March 24, 2025 No Later Than 12:00 PM

Provide Responses to Questions State March 27, 2025

Submit Bids Vendor April 2, 2025 No Later Than 2:00 PM

Public bid opening for this solicitation will be conducted via conference call.

Vendor may use the links or call-in number below to join the bid opening scheduled for:

April 2, 2025, at 2:00 PM EST.

MICROSOFT TEAMS MEETING

Join On Your Computer, Mobile App or Device.

JOIN THE MEETING NOW

Meeting ID: 235 823 398 212 Passcode: aZ7xZ2Tk

Dial-in by phone.

+1 984-204-1487,,370503190# United States, Raleigh

Phone Conference ID: 370 503 190#

Join on a video conferencing device.

Tenant key: ncgov@m.webex.com

Video ID: 111 814 406 9

2.5 BID QUESTIONS

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

Written questions shall be e-mailed to rclark1@ncdot.gov by the date and time specified above. Vendors will enter “IFB # 54- RC-12170481: Questions” as the subject for the email. Question submittals will include a reference to the applicable IFB section and be submitted in the format shown below:

Reference Vendor Question

IFB Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Connect NCDOT and electronic Vendor Portal (eVP) and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding.

Vendors shall rely only on written material contained in an Addendum to this IFB.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzE5MTY1ODMtYzRkOC00ZjlmLWIzZDUtZGVjNmFhM2RhYjE1%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%22d4e7b28e-e54b-46ef-8920-ecf245e45a6b%22%7d mailto:ncgov@m.webex.com mailto:rclark1@ncdot.gov

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 7

2.6 BID SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. The date and time of receipt will be marked on each bid when received. Any bid or portion thereof received after the bid submission deadline will be rejected.

Offers shall be submitted electronically through https://connect.ncdot.gov/letting/Pages/Aggregate-Bid-Submission- Resource.aspx

Critical updated information may be included in Addenda to this IFB. It is important that all Vendors responding on this IFB periodically check the State’s Connect NCDOT and eVP website: https://evp.nc.gov for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto.

Additional information about eVP can be found at the eVP updates for Vendors link: https://eprocurement.nc.gov/news-events/evp-updates-vendors

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

Vendors are strongly encouraged to allow sufficient time to upload bids.

2.7 BID CONTENTS

Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items including the entire body of the IFB, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion.

Vendor IFB response shall include the following items and attachments, which shall be arranged in the following order:

a) Completed and signed version of EXECUTION PAGES.

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

c) Completed version of ATTACHMENT A: PRICING FORM

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

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

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

2.8 ALTERNATE BIDS

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

Service(s), or that propose different options. Alternate bids must specifically identify the IFB requirements and advantages addressed by the alternate bid. Any alternate bid, in addition to the marking described above, must be clearly marked with the legend: “Alternate Bid #54-RC-12170481”. Each bid 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 bid. Each bid must be complete and independent of other bids offered.

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

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

https://connect.ncdot.gov/letting/Pages/Aggregate-Bid-Submission-Resource.aspx https://connect.ncdot.gov/letting/Pages/Aggregate-Bid-Submission-Resource.aspx https://evp.nc.gov/ https://eprocurement.nc.gov/news-events/evp-updates-vendors https://eprocurement.nc.gov/news-events/evp-updates-vendors

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 8

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

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

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

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

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

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 29 of the Instructions to

Vendors entitled COMMUNICATIONS BY VENDORS.

Each Vendor submitting a bid to this IFB, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

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

3.3 BID EVALUATION PROCESS

Only responsive submissions will be evaluated.

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

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

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

At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and all offers (except those that were previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created.

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 9

When negotiations after receipt of bids are authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. 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 of completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

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

Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested

Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD.

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

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

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

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

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

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

a) Total cost to the State

b) Level of quality provided by the Vendor.

c) Process and performance capability across multiple jurisdictions.

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

e) Availability of pertinent skills

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

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

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues.

3.5 INTERPRETATION OF TERMS AND PHRASES

This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and

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

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 10

4.0 REQUIREMENTS

This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section, as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification or believes a change in a requirement would allow for the State to receive a better bid, the Vendor is encouraged to submit these items in the form of a question during the question-and-answer period in accordance with the Bid Questions Section above.

4.1 PRICING

Bid price shall constitute the total cost to the State for Delivery fully assembled and ready for use, including all applicable charges for shipping, delivery, handling, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s response.

4.2 PRODUCT IDENTIFICATION

SUITABILITY FOR INTENDED USE

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

4.3 APPROVED RESOURCE

The Producer/Supplier Quarry or Pit facility from which aggregate products will be furnished must be an approved resource listed: https://apps.ncdot.gov/vendor/approvedproducts/Producer.aspx.

Plant ID# for Fine and Coarse Aggregate number must be provided (See attachment A)

4.4 TRANSPORTATION AND IDENTIFICATION

The Vendor shall deliver Free-On-Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs and fees included in the total bid price.

4.5 DELIVERY

The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s):

MARTIN COUNTY MAINTENANCE

1740 PRISON CAMP ROAD

WILLIAMSTON, NC 27892

Successful Vendor “shall” complete delivery within fifteen (15) consecutive calendar days after receipt of order.

Vendor must complete this section: Delivery will be made from ________________________ (city, state) within ________ consecutive calendar days after receipt of order. Promptness of delivery may be used as a factor in the award criteria.

The Vendor can begin the delivery process immediately after receipt of the order in accordance with the delivery instructions.

Deliveries do not have to be consecutive, but full delivery of the requested quantity must be completed in the timeframe specified in this section.

Deliveries will only be accepted Monday -Friday (Except State Holidays) 7:00 AM- 3:30 PM

4.6 HUB PARTICIPATION

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

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

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

https://apps.ncdot.gov/vendor/approvedproducts/Producer.aspx

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 11

4.7 VENDOR’S REPRESENTATIONS

If the bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the Contract.

Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables.

4.8 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 the ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION.

The State is requiring this certification to minimize potential performance issues from contracting with a Vendor that is financially unstable. This Certification shall be deemed continuing, and from the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification.

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation:

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

5.0 PRODUCT SPECIFICATIONS

All material covered by this bid shall conform with the requirements of sections 1005, 1008, 1010 and 1012 of the North

Carolina Department of Transportation (NCDOT) Standard Specifications for Roads and Structures:

https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for

%20Roads%20and%20Structures.pdf

5.1 DEVIATIONS

The nature of all deviations from the Specifications listed herein shall be clearly described by the Vendor. Otherwise, it will be considered that items offered by the Vendor are in strict compliance with the Specifications provided herein, and the successful

Vendor shall be required to supply conforming goods. Deviations shall be explained in detail on an attached sheet. However, no implication is made or intended by the State that any deviation will be acceptable. Do not list objections to the North

Carolina General Terms and Conditions in this section.

https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 12

6.0 CONTRACT ADMINISTRATION

All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes.

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

The Vendor shall be required to designate and make available to the State a contract manager. The contract manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service.

Contract Manager Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

The Vendor shall be required to designate and make available to the State for customer service. The customer service point of contact shall be the State’s point of contact for customer service-related issues concerning invoices, availability, and delivery.

Customer Service Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

6.2 CONTINUOUS IMPROVEMENT

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

6.3 ACCEPTANCE OF WORK

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

The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North

Carolina.

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 13

6.4 INVOICES

Vendor shall invoice the Using Agency. The standard format for invoicing shall be Single Invoices, meaning that the Vendor shall provide the Using Agency with an invoice for each order. Invoices shall include detailed line-item information to allow the Using

Agency to verify pricing at the point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices: Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Manufacturer Part Numbers, Material/Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of

Measure.

Submit Invoices to:

NC DEPARTMENT OF TRANSPORTATION

ATTN: KAREN ROBERTSON

1740 PRISON CAMP ROAD

WILLIAMSTON, NC 27892

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

6.5 DISPUTE RESOLUTION

During the performance of the Contract, the Parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for a resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s).

During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute.

6.6 PRODUCT RECALL

Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the State, as necessary, to promptly replace any such products, at no cost to the State.

6.7 CONTRACT CHANGES

Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. Amendments to the contract can only be made through the contract administrator.

6.8 ESTIMATED QUANTITIES

The quantities indicated herein are estimates and are provided for informational purposes based on the anticipated usage. No maximum or minimum quantities are guaranteed. It shall be understood and agreed that the State may purchase more or less than the estimated quantities during the contract period. The State reserves the right to increase or decrease the quantities as needed. The State shall not be obligated to purchase more than its normal requirements. The State will be responsible only for items requested and received

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 14

7.0 SUPPLEMENTAL TERMS AND CONDITIONS

7.1 GENERAL TERMS AND CONDITIONS FOR AGGREGATE

a) Individual orders placed under the resulting contract may be canceled if deemed to be in the best interest of the State.

b) The ‘Producer’ of aggregate furnished pursuant to this contract shall comply with the ‘Mining Act of 1971’ (G.S. 74-76. The

Department of Transportation reserves the right to refuse delivery of aggregate and/or to cancel this contract upon receipt of information for the failure of the supplier to comply with the Act. In the case of termination, the supplier will be paid for aggregate provided under the contract prior to termination. The supplier will have no remedy should the contract be terminated for non-compliance with the Act.

**IMPORTANT NOTICE**

RETURN THE REQUIRED ATTACHMENTS WITH YOUR RESPONSE

ATTACHMEMENTS BEGIN ON THE NEXT PAGE

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 15

8.0 ATTACHMENTS

ATTACHMENT A: PRICING FORM

FURNISH AND DELIVER:

Item # EST.QTY. UOM DESCRIPTION

UNIT PRICE EXTENDED PRICE

1 10,000 TON AGGREGATE, ABC

2 2,000 TON STONE - CLASS A $_________ $___________

3 2,000 TON STONE - CLASS B $_________ $___________

4 5,000 TON AGGREGATE, NO 5 $_________ $___________

TOTAL EXTENDED PRICE: $ ______________

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 16

(Refer to Section 4.3)

ITEM #1 (AGGREGATE, ABC)

STOCKPILE/QUARRY NAME: COUNTY:

STREET ADDRESS: ZIP:

CITY & STATE & ZIP: OFFICE TELEPHONE NUMBER:

QUARRY SUPERVISOR NAME: HOURS OF OPERATION:

E-MAIL: Plant ID #

FA CA

ITEM #2 (STONE - CLASS A)

STREET ADDRESS: ZIP:

CITY & STATE & ZIP: OFFICE TELEPHONE NUMBER:

QUARRY SUPERVISOR NAME: HOURS OF OPERATION:

ITEM #3 (STONE - CLASS B)

STREET ADDRESS: ZIP:

CITY & STATE & ZIP: OFFICE TELEPHONE NUMBER:

QUARRY SUPERVISOR NAME: HOURS OF OPERATION:

ITEM #4 (AGGREGATE, NO 5)

STREET ADDRESS: ZIP:

CITY & STATE & ZIP: OFFICE TELEPHONE NUMBER:

QUARRY SUPERVISOR NAME: HOURS OF OPERATION:

Bid Number: 54-RC-12170481 Martin County Maintenance Vendor: ___________________________

Ver: 11/2023 17

FOLLOW THE LINKS TO ACCESS EACH ATTACHMENT

ATTACHMENT B: INSTRUCTIONS TO VENDORS

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

https://ncadmin.nc.gov/formnorth-carolina-instructions-vendors032023/download?attachment

(THIS ATTACHMENT IS NOT REQUIRED TO BE RETURNED)

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here:

https://www.doa.nc.gov/form-north-carolina-general-terms-and-conditions-11-2023/download?attachment

(THIS ATTACHMENT IS NOT REQUIRED TO BE RETURNED)

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

Complete and return the Historically Underutilized Businesses (HUB) Vendor Information form, which can be found at the following link:

https://www.doa.nc.gov/pandc/onlineforms/form-hub-supplemental-vendor-information-9-2021/download

(THIS ATTACHMENT MUST BE COMPLETED AND RETURNED)

ATTACHMENT E: RESERVED

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

Complete and return the Location of Workers Utilized by Vendor, which can be found at the following link:

https://www.doa.nc.gov/pandc/onlineforms/form-location-workers-09-2021/download

(THIS ATTACHMENT MUST BE COMPLETED AND RETURNED)

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

Complete, sign, and return the Certification of Financial Condition, which can be found at the following link:

https://www.doa.nc.gov/pandc/onlineforms/form-certification-financial-condition-09-2021/download

(THIS ATTACHMENT MUST BE COMPLETED AND RETURNED)

*** Failure to Return the Required Attachments May Eliminate

Your Response from Further Consideration *** https://ncadmin.nc.gov/formnorth-carolina-instructions-vendors032023/download?attachment https://www.doa.nc.gov/form-north-carolina-general-terms-and-conditions-11-2023/download?attachment%20 https://www.doa.nc.gov/pandc/onlineforms/form-hub-supplemental-vendor-information-9-2021/download https://www.doa.nc.gov/pandc/onlineforms/form-location-workers-09-2021/download https://www.doa.nc.gov/pandc/onlineforms/form-certification-financial-condition-09-2021/download