DPC-2373536849-MT - Promo Items (Higher Ed) - RFP.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF ADMINISTRATION

DIVISION OF PURCHASE & CONTRACT

Request for Proposal #: DPC-2373536849-MT

Promotional Items

(Higher Education Institutions)

Date Issued: September 23, 2026

Bid Opening Date: October 12, 2026

At 2:00 PM ET

Direct all inquiries concerning this RFP to:

Melinda Tomlinson

State Procurement Manager

E-mail: melinda.tomlinson@doa.nc.gov

Phone: 984-236-0238

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Request for Proposal #

DPC-2373536849-MT

For internal state agency processing, including tabulation of Proposals, provide your company’s eVP

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

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

Failure to do so may subject your bid to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered

Vendor in good standing. You must enter the Vendor number assigned through eVP. If you do not have a Vendor number, register at https://vendor.ncgov.com/vendor/login https://vendor.ncgov.com/vendor/login

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EXECUTION

In compliance with this Request for Proposal (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 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 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 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 RFP, 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 below. These documents can be accessed from the Ariba Sourcing Tool.

DEPARTMENT OF ADMINISTRATION – DIVISION OF PURCHASE AND CONTRACT

Statewide Term Contract

Refer ALL inquiries regarding this RFP to the procurement lead.

All correspondence with Vendors shall be through the Ariba Sourcing Tool. Questions will be received in the Ariba Sourcing Tool (only) based on the schedule in Section 2.5.

Request for Proposal #: DPC-2373536849-MT

Proposals will be publicly opened: October 12, 2026 at 2:00 PM ET

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Phone conference ID: 182 622 348#

For Statewide Use of All State Entities Commodity # and Description: 801416 - Sales and business promotion activities STC #: 8014B https://teams.microsoft.com/meet/232473536944138?p=oqaBMeneDrV89WZLHX tel:+19842041487,,333654207

Proposal Number: DPC-2373536849-MT Vendor: ____________________________________

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FOR STATE USE ONLY: Offer accepted and Contract awarded on date of _____________________ as indicated, by _____________________________________________________________________.

(Authorized Representative of Department of Administration, Division of Purchase & Contract)

Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED. Late Proposals 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:

VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL:

VALIDITY PERIOD

Offer shall be valid for at least one hundred and twenty (120) days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement in writing of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

BID ACCEPTANCE

If your bid 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.

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TABLE OF CONTENTS

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

1.2 ESTIMATED SPEND

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 BID EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 PROPOSAL ORGANIZATION

3.5 EVALUATION CRITERIA

3.6 PERFORMANCE OUTSIDE THE UNITED STATES

3.7 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.1.1 Additional Fees

4.1.2 Newly Implemented Import Tariff (Temporary Surcharge)

4.2 ADDITIONAL SAVINGS OFFERS/REBATES

4.3 PRODUCT IDENTIFICATION

4.4 TRANSPORTATION AND IDENTIFICATION

4.5 DELIVERY

4.6 ON-TIME DELIVERY RATE

4.7 DEFECTIVE PRODUCTS

4.8 PRODUCT RECALL

4.9 OUT-OF-STOCK AND BACK-ORDERS

4.10 QUALITY ACCEPTANCE INSPECTION

4.11 AUTHORIZED MANUFACTURER/DISTRIBUTOR/RESELLER

4.12 WARRANTY

4.13 SAMPLES/DESCRIPTIVE LITERATURE

4.14 VENDOR'S PUBLISHED CATALOG & LISTS

4.15 COLLEGIATE LICENSING VERIFICATION

4.16 VENDOR EXPERIENCE

4.17 REFERENCES

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4.18 SUSTAINABILITY EFFORTS

4.19 RETURN POLICY

4.20 PRODUCT SAFETY LISTING

4.21 VENDOR’S REPRESENTATIONS

4.22 FINANCIAL STABILITY

4.23 INSURANCE REQUIREMENTS MODIFICATION

4.24 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS

4.25 SECRETARY OF STATE REGISTRATION

4.26 SUBCONTRACTORS

4.27 GENAI SOLUTIONS OR SERVICES

5.0 SCOPE OF WORK AND SPECIFICATIONS

GENERAL

SPECIFICATIONS

5.2.1 Apparel

5.2.2 Bags and Totes

5.2.3 Drinkware

5.2.4 Writing Instruments

5.2.5 Award and Recognition Gifts

5.2.6 Other Promotional Merchandise

5.2.7 Additional Categories

5.2.8 General Quality and Compliance Requirements

SCOPE OF WORK

5.3.1 Tasks and Deliverables

5.3.2 Timelines & Flexibility

IMPLEMENTATION AND COMMUNICATION PLAN

CUSTOMER SERVICE PLAN

PRODUCT AND CATALOG OFFERING

OPTIONAL VALUE-ADDED SERVICES

PROJECT ORGANIZATION

TECHNICAL APPROACH

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 ELECTRONIC PRODUCT CATALOG

6.3 CONTRACT BUSINESS REVIEW MEETINGS

6.4 CONTINUOUS IMPROVEMENT

6.5 PERIODIC QUARTERLY SPEND REPORTS

6.6 ACCEPTANCE OF WORK

6.7 INVOICES

6.8 DISPUTE RESOLUTION

6.9 PRODUCT RECALL

6.10 POST AWARD PRODUCT SUBSTITUTION, ADDITIONS, & REMOVALS

6.11 COLLEGIATE LICENSING MAINTENANCE

6.12 PRICE ADJUSTMENTS

6.13 CONTRACT CHANGES

6.14 TAXES

6.15 ATTACHMENTS

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7.0 Additional Terms and Conditions

7.1 TERMS AND CONDITIONS APPLICABLE TO ARTIFICIAL INTELLIGENCE (“AI”)

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1.0 PURPOSE AND BACKGROUND

The Department of Administration (DOA) serves as the business manager for North Carolina State government and provides leadership to State government for the effective, efficient, economical, and equitable delivery of services to the public. The department also aids and services several advocacy programs that serve diverse segments of the State’s population that have traditionally been underserved. The Division of Purchase & Contract (P&C) is the strategic force to provide the State’s entit ies with a catalog of Statewide Term Contracts (STC) in an encompassing, organized, and efficient manner to pool resources to provide goods and services.

The State, through the Department of Administration’s Division of Purchase & Contract, seeks to provide qualified Vendors to the current Statewide Term Contract for Promotional Items (8014B) to furnish and deliver the Promotional Items for qualified Higher Education Institutions throughout the State on an “As Needed” basis, if and when ordered by State Higher Education Institutions during the contract period. North Carolina is home to over 120 universities and colleges, offering a wide range of undergraduate, graduate, and professional programs.

The State seeks to add qualified Vendors to the STC who currently hold a collegiate license or licensing agreement with one or more North Carolina university or community college (Institutions). Eligible Vendors must maintain at least one applicable collegiate license or licensing agreement to participate in this solicitation. Vendors must possess a current and valid license at the time of bid opening.

The contract includes a wide range of products that can be customized with logos, slogans, or other branding to support the State’s mission to engage the public, strengthen community outreach, and enhance recognition of State programs and services.

This initiative will serve a variety of functions, including but not limited to:

✓ Public awareness campaigns and events

✓ Employee recognition programs

✓ Community outreach and educational initiatives

✓ Promotional giveaways and marketing efforts

✓ Student recruitment and orientation

✓ Athletics/student organizations

✓ Campus events

Product categories include:

Category 1: Apparel (e.g., T-shirts, polos, outerwear, hats, uniforms) Category 2: Bags & Totes (e.g., tote bags, backpacks, duffels, drawstring bags) Category 3: Drinkware (e.g., mugs, tumblers, bottles) Category 4: Writing Instruments (e.g., pens, pencils, highlighters, markers, stylus pens, mechanical pencils) Category 5: Award & Recognition Gifts (e.g., plaques, trophies, medals, crystal awards, framed certificates, lapel pins) Category 6: Other Promotional Merchandise (any item suitable for imprinting with a logo or branding)

This STC will serve as a primary resource for State entities seeking reliable sources for high-quality, competitively priced promotional items and services. By centralizing procurement under a single contract, the State intends to improve efficiency and promote brand consistency for all State Entities.

To comply with the Governor’s Office’s Executive Order 80 (October 2018), North Carolina’s Commitment to Address Climate Change and Transition to a Clean Energy Economy, the contract resulting from this solicitation intends to provide sustainability features such as products with recycled or biodegradable content, reduced packaging, and options for reusable or environmentally certified items (e.g., Forest Stewardship Council (FSC), Green Seal), per industry standards. See Section 4.18 Sustainability Efforts.

The intent of this Request for Proposal (hereinafter, “RFP”) is to receive pricing from qualified Vendors that will offer savings to the State and confirm, through Vendors’ submission of proposals, its ability to meet the State’s needs.

The contract resulting from this RFP is mandatory for State departments and most State Agencies, and by State institutions of higher education (except under the conditions specified in G.S. 115D-58.14(a) and G.S. 116-13). The Contract may also be utilized, without further competition, by non-mandatory State Agencies and Other Eligible Entities.

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Note: The contract resulting from this RFP is not mandatory for marketing items that are associated with any resale agreements (e.g., university store items).

North Carolina Community Colleges

North Carolina Institutions – UNC System

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

Note: Vendors currently awarded under the existing Statewide Term Contract for Promotional Items (8014B) are not required to submit a proposal in response to this solicitation to maintain their existing contract award. Similarly, vendors that hold a collegiate license or licensing agreement with one or more North Carolina university or community colleges and are presently awarded under 8014B are not required to submit a response. This solicitation is intended to add qualified vendors that meet the collegiate licensing requirements.

1.1 CONTRACT TERM

The Contract shall begin on the date of final Contract execution (the “Effective Date”) through June 30, 2029.

At any time during the contract period, the State may conduct an Open Enrollment process by posting a solicitation in the Ariba

Sourcing Tool for the purpose of adding new suppliers or manufacturers to the contract, to provide wide coverage of promotional items. The awarded Vendor(s) will remain on the contract for the duration of the contract term unless terminated for convenience.

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, the State reserves the right to extend a contract term after the last active term.

1.2 ESTIMATED SPEND

The estimated spend for the contract term is $6,085,000.00, based on historical promotional item expenditures across the state.

This amount is not guaranteed and could be more or less than the historical expenditure during the contract period. No maximum or minimum quantities are guaranteed. The State will be responsible only for items requested and received.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

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

2.2 E-PROCUREMENT FEE

ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. 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/.

What is the Ariba Network?

The Ariba Network is a web-based platform that serves as a connection point for buyers and Vendors. Vendors can log in to the

Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents.

For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site:

http://eprocurement.nc.gov/training/vendor-training.

https://www.nccommunitycolleges.edu/students/what-we-offer/colleges/ https://www.northcarolina.edu/institutions/ http://eprocurement.nc.gov/ http://eprocurement.nc.gov/training/vendor-training

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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 also are 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 within this RFP, 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 RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period.

Other than through the process of negotiations 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 purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this 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 to during negotiations and incorporated by way of a Best and

Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as non-responsive.

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 September 23, 2026

Submit Written Questions Vendor September 30, 2026 @ 12:00 PM ET

Provide Responses to Questions State October 5, 2026, 2026*

Submit Proposals/Bid Opening Vendor October 12, 2026

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Intended Contract Award State TBD *Date is subject to change.

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 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 RFP SCHEDULE Section above, unless modified by Addendum.

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Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the RFP SCHEDULE Section of this RFP.

Vendors will enter “RFP # DPC-2373536849-MT– Questions” as the subject of the message. Question submittals should include a reference to the applicable RFP section. This is the only manner in which questions will be received. Questions submitted via email will not be addressed.

Questions or issues related to using the Sourcing Tool itself should be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM EST.

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 Sourcing Tool in the form of an addendum 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 an Addendum to this RFP.

2.6 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late Proposals, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this RFP by the specified time and date of opening. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bid(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendor’s Proposals for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing

Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training.

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-

211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST.

Tips for Using the Sourcing Tool

1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk.

2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response.

3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted.

4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted.

5. Only Proposals submitted through the Content Section of the Ariba Sourcing Event will be considered. Proposals submitted through the Message Board will not be accepted or considered for award.

2.7 PROPOSAL CONTENTS

Vendors shall provide responses to all questions and complete all attachments for this RFP that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the

Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to https://eprocurement.nc.gov/training/vendor-training

Ver: 11/2024 10 provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion.

Vendors shall upload the following items and attachments in the Sourcing Tool:

a) Vendors may submit a Cover Letter, that includes the following: (i) a statement that confirms that the Vendor has read the

RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP; (ii) a statement that 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 EXECUTION PAGES, along with the body of the RFP.

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

e) Vendor’s Proposal addressing all Specifications/SOW of this RFP to include the following sections:

Requirements (Section 4.0)

Sections 4.11 Authorized Manufacturer (Check Box and Attachment Response in Sourcing Tool)

Section 4.14 Vendor’s Published Catalog(s) & Lists (Option to Link in Attachment or Attachment Response in Sourcing Tool)

Section 4.15 Collegiate Licensing Verification (Attachment Response in Sourcing Tool)

Section 4.16 Vendor Experience (Attachment Response in Sourcing Tool)

Section 4.18 Sustainability Efforts (Attachment Response in Sourcing Tool)

Section 4.25 Secretary of State (Check Box)

Proposal (Solution to Section 5.0) – Note, this should be one (1) document, tabbed with Section References

Section 5.4 Implementation Plan (Proposal Attachment Response in Sourcing Tool)

Section 5.5 Customer Service Plan (Check Box in 5.5.1a and Proposal Attachment Response in Sourcing Tool)

Section 5.6 Product and Catalog Offering (Check Box and Attachment Response in Sourcing Tool)

Section 5.8 Project Organization (Proposal Attachment Response in Sourcing Tool)

Section 5.9 Technical Approach (Proposal Attachment Response in Sourcing Tool)

Contract Administration (Section 6.0)

Section 6.1 Contract Manager and Customer Service Contacts (Fill In)

Section 6.2.3 Catalog Solution Option (Check Box)

f) Completed version of ATTACHMENT: COST PROPOSAL WORKBOOK

g) Completed and signed version of ATTACHMENT: CUSTOMER REFERENCE FORM

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

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

j) Completed version of ATTACHMENT: GEN AI OR AI QUESTIONS

k) Completed and signed version of ATTACHMENT: CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE

AGREEMENTS

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l) Completed and signed version of ATTACHMENT: OMB STANDARD FORM LLL

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 advantages addressed by the alternate bid. Each bid must be for a specific set of Goods and must include specific pricing. Each bid must be complete and independent of other Proposals offered. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Proposals in the Sourcing Tool.

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 Sourcing Tool, which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this RFP:

ASTM: American Society for Testing and Materials

Collegiate License: A current license, licensing agreement, or other formal authorization that permits a vendor to produce and/or sell products bearing the protected names, logos, trademarks, symbols, or other licensed indicia of a university or community college. The license or authorization may be issued directly by the institution or through its authorized collegiate licensing representative.

CPSC: Consumer Product Safety Commission

FDA: Food Drug Administration

Licensed Vendor: For the purpose of this RFP, a Vendor that holds a current Collegiate License with one or more universities or community colleges and is authorized to produce and/or sell products bearing the applicable institution’s protected names, logos, trademarks, symbols, or other licensed indicia.

Marketing Items: For the purpose of this RFP, tangible branded products that organizations purchase for the purpose of resale or other revenue-generating purposes(covered under Special Delegation).

Partner Supplier: For the purpose of this RFP, a partner supplier is an entity that provides products or decoration services to the Vendor, where the Vendor maintains full responsibility for contract performance. Partner Suppliers do not require disclosure under RFP section 4.27.

Price List/List Price: The price regularly offered to the public, not including limited time, one time only, or other promotional pricing. This may include the manufacturer's suggested retail price (MSRP) or public price list (PPL).

Product Category: A grouping of related promotional items that share common characteristics or intended use (e.g., Apparel, Drinkware, Writing Instruments, Technology, Awards & Recognition).

Promotional items: Tangible branded products that organizations purchase for the purpose of distributing free of charge.

State Entity/Purchasing Entity: Any North Carolina state agency, department, institution, or other governmental unit authorized to procure goods and services under this STC in accordance with applicable laws and regulations.

Subcontractor: For the purpose of this RFP, a subcontractor is a third party that performs contractual services or functions on behalf of Vendor.

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 qualified proposals will be evaluated, and awards will be made to the

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Vendor(s) meeting the specific RFP specifications and achieving the highest and best final evaluation, based on the criteria described below, including catalog coverage, pricing, service availability, and overall value at the discretion of the evaluation team.

While the intent of this RFP is to award a Contract(s) to multiple Vendors, the State reserves the right to make separate awards to different Vendors for one or more product category, to not award one or more product categories 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.

EVALUATING COST PROPOSALS

ATTACHMENT: COST PROPOSAL WORKBOOK includes a market basket of preselected items that represent commonly purchased promotional products identified through historical spend analysis. The market basket pricing will be used as a representative sample of frequently purchased promotional items used solely for cost evaluation. The market basket is not meant to replace or restrict the obligation of a Vendor to supply its full product catalog. Vendors shall complete the cost proposal workbook for these preselected items, per the instructions in ATTACHMENT: COST PROPOSAL WORKBOOK and provide pricing that reflects their proposed contract pricing structure.

Each product category (i.e., Apparel, Bags & Totes, Drinkware, Writing Instruments, Awards & Recognition, and Other) includes ten

(10) representative market basket items. If all participating Vendors do not have a comparable product that meets the item specifications (i.e., size, packaging) or quantities differ substantially, the State may determine an equivalent “unit price” for evaluation purposes. The State reserves the right to remove items from the market basket as necessary to ensure a representative sample for cost evaluation.

There will be no guaranteed number of vendors; however, the State will limit the number of awards to maintain contract manageability and ensure efficient use for State Entities.

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

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

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

COMMUNICATIONS BY VENDORS.

Each Vendor submitting a bid 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 procurement lead 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 procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the procurement lead 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.

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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 no later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the

State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly, and all offers (except those that have been previously withdrawn or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids 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 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(s) 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 PROPOSAL ORGANIZATION

Vendors shall organize their proposal responses following the order of the RFP requirements and clearly label each response section with the corresponding RFP section number and title. Vendors shall provide a separate and clearly identifiable response to each relevant RFP section unless otherwise specified by the State. If information in the proposal applies elsewhere, the Vendor should cross-reference the relevant section and location. The State shall not be responsible for locating information that has not been clearly identified or cross-referenced by the Vendor.

3.5 EVALUATION CRITERIA

In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State:

BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, Ver: 11/2024 14 and in a manner that accomplishes the stated business objectives and maintains industry standard compliance. The intent of "Best

Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement.

A ranking method of source selection will be utilized in this procurement using evaluation criteria listed in order of importance in the Evaluation Criteria section below to allow the State to award this RFP to the Vendor(s) 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.

EVALUATION 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(s) made based on considering the following criteria listed in descending order of importance, to result in an award most advantageous to the State:

Evaluation Criteria RFP Section Method

Product & Catalog Offering Section 5.6

Explanation of proposal strengths and weaknesses

Technical Approach Section 5.9

Project Organization Section 5.8

Vendor Experience Section 4.16

Customer Service Plan Section 5.5

Cost Proposal Section 4.1/Cost Proposal Workbook

Att.

Collegiate License Section 4.15 PASS/FAIL

Sustainability Efforts Section 4.18 PASS/FAIL

Implementation & Communication Plan Section 5.4 PASS/FAIL

3.6 PERFORMANCE OUTSIDE THE UNITED STATES

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

a) Total cost to the State

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

3.7 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

Ver: 11/2024 15 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 bid 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 in a requirement would allow for the State to receive a better Proposal, the Vendor is encouraged to submit these items in the form of a question during the question and answer period in accordance with the Proposal Questions Section above.

Vendors shall clearly identify their responses to each applicable required section, using the corresponding section number and title.

4.1 PRICING

The Vendor shall submit pricing in accordance with the instructions in ATTACHMENT: COST PROPOSAL WORKBOOK and all other relevant terms and conditions of this RFP. Complete ATTACHMENT: COST PROPOSAL WORKBOOK and upload it to the Sourcing Tool. The pricing provided in ATTACHMENT: COST PROPOSAL WORKBOOK or resulting from any negotiations, is incorporated herein and shall become part of any resulting contract.

The items listed in Attachment: COST PROPOSAL WORKBOOK are generic examples only and are not tied to specific products or brands. Vendors should propose pricing based on their standard, commercially reasonable offerings for each item category, ensuring consistent assumptions are applied throughout the pricing form. Detailed product features, decoration requirements, and sustainability attributes will not be assessed at the line-item level; these will be defined by the purchasing entity at the time of order, in accordance with the contract.

Vendors may source products from different manufacturers. The pricing for each line item in Attachment: COST PROPOSAL WORKBOOK should reflect the manufacturer's actual cost. Vendors must apply the same discount percentage uniformly to all items in a category, regardless of the manufacturer.

The Vendor shall demonstrate reasonableness of price by offering the Percentage Discount to North Carolina that is the same or better than what is provided in a current contract, to similarly situated governmental entities (i.e., other State contracts, GSA, NASPO ValuePoint, Veterans Administration, Department of Defense, or other governmental entities). If the Vendor is unable to offer the Percentage Discount to NC that is the same or better than given to other similarly situated governmental entities, Vendor shall include with the response a brief explanation as to why they are unable to do so. The State reserves the right to request further information, such as copies of other governmental contracts, to determine the reasonableness of the price offered.

4.1.1 Additional Fees

Vendors shall disclose any additional fees that may apply in connection with the products and services offered under this contract.

Examples of such fees may include, but are not limited to:

✓ Setup fees (screen printing, embroidery, imprint charges)

✓ Artwork/proof fees

✓ Rush order fees

✓ Shipping and handling fee structure

✓ Other vendor-specific charges

Vendors shall complete the appropriate tab within ATTACHMENT: COST PROPOSAL WORKBOOK to identify applicable fees, indicate the associated unit of measure, and provide explanatory notes as needed.

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This information is requested for informational purposes only. Additional fees will be reviewed for reasonableness and transparency, but will not be a part of the evaluation.

4.1.2 Newly Implemented Import Tariff (Temporary Surcharge)

Pricing shall be exclusive of any pending tariffs or temporary tariff surcharge. Vendor may request a temporary tariff surcharge in

ATTACHMENT: COST PROPOSAL WORKBOOK as a charge separate from the contract price. Any temporary tariff surcharge(s) associated with purchases shall be provided by way of a percentage tariff surcharge. All tariff surcharges proposed are intended to be temporary and based on current tariff implications specific to related commodities with evidence of submitted documentation of affected MSRP/PPL products. Vendor understands that the agency may request additional justification. Any temporary tariff surcharge percentage will be negotiated and mutually agreed upon. The state is not obligated to accept any proposed import tariff surcharge. Proposed tariff surcharges may be used as a factor for evaluation and award.

4.2 ADDITIONAL SAVINGS OFFERS/REBATES

This component of the Pricing Response is optional, but the State encourages Vendors to provide additional financial incentives/rebates, if possible, within the scope of this RFP, that will benefit the State. These additional incentives could include, but are not limited to, additional discounts based on total spend volumes, tiered pricing, rebates, additional discounts by manufacturers, limited-time promotional discounts, etc. Additional Discount Offers shall be in addition to the discounts Vendor offers as a List Item Price. Additional Discount Offers should be provided in ATTACHMENT: COST PROPOSAL WORKBOOK.

Additional Discounts: As part of the pricing submittal, Vendors are being requested to propose an additional percentage discount which would be applied to all orders for the remainder of the contract term if and when the total orders against the contract exceed the provided estimated spend amount, at any point during the life of the contract. Orders from all entities utilizing this contract will count toward the contract volume discount threshold.

Rebates: If a rebate is offered, it will be based on reported sales, on a quarterly basis (see Section 6.5 QUARTERLY SPEND REPORTS).

The Vendor shall submit the rebate amount due by check with the “Contracts Number," “Report Amount,” and “Report Period” on either the check stub or other remittance materials. The payment shall be made by check as described herein.

Checks shall be payable to: NCDOA, Division of Purchase & Contract

Checks shall be mailed to: NCDOA, Division of Purchase & Contract, Contract Manager

1305 Mail Service Center

Raleigh, NC 27699

All discounts in Vendor’s Proposal shall remain in effect for the entire contract period and shall not be decreased. However, the discount may be increased, and any such increase shall remain in effect for the remainder of the contract period and any subsequent extensions. Volume or tier discounts, if offered, shall apply to purchase orders placed for delivery to the same location.

Vendors may provide volume or tier discounts to orders that include multiple delivery points from the same agency.

The State reserves the right to accept or reject all or part of the proposed Additional Discount Offers as part of a Vendor’s Total

Price Submittal Value. The State has sole discretion to not assign value to Vendor’s proposed Additional Discount Offers which the

State cannot quantify or to give only partial value for Additional Discount Offers. Vendors may offer the State additional discounts using the Additional Discount Offers within ATTACHMENT: COST PROPOSAL WORKBOOK.

4.3 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 Proposals for suitability for the required use and to award the one best meeting requirements and considered to be in the State’s best interest.

Ve…