JDJ1121067 Janitorial Services Kannapolis (REBID).pdf
PDF 4 MB Posted
- Solicitation number
- 63-JDJ1121067
- Issued by
- Rowan County, North Carolina
About this file
This is a Request for Proposals (RFP) issued by NC State University for janitorial services at the NC Research Campus in Kannapolis, North Carolina. The RFP seeks qualified contractors to provide janitorial services for a 100,000 square foot facility that includes laboratory and office space, with a specific focus on maintaining areas for research on human nutrition and disease prevention. The contract will be effective from the date of award for one year, with the option to extend for two additional one-year periods, for a potential total contract period of five years. The anticipated start date is October 1, 2025. A mandatory pre-proposal conference is scheduled for September 4, 2025, and proposals are due by 2:00 pm on September 26, 2025, to be submitted electronically through the Bonfire platform.
The evaluation criteria will be weighted as follows: 15% for apparent ability, 20% for qualifications/experience, and 65% for cost proposal. The contractor must demonstrate at least three years of experience providing janitorial services for multiple building sites totaling a minimum of 225,000 square feet. The scope of work includes detailed cleaning tasks for various areas such as entrances, lobbies, corridors, offices, restrooms, and laboratories, with specific frequencies outlined for different cleaning activities. The university will provide certain materials including paper towels, toilet paper, can liners, hand soap, and access to existing equipment. The contractor will be responsible for providing on-site supervision, maintaining cleaning equipment, and performing background checks on all employees assigned to the contract.
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| JDJ1121067 Addendum 1.pdf |
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NC STATE UNIVERSITY
TITLE:
USING
DEPARTMENT:
ISSUE DATE:
DUE DATE:
ISSUING AGENCY:
REQUEST FOR PROPOSALS (RFP)
RFP # 63-JDJ1121067
Janitorial Services, NC Research Campus - Kannapolis, NC
(REBID)
CALS, Plants for Human Health Institute
Friday, August 22, 2025
2:00 pm, Friday, September 26, 2025
NC State University Procurement Services Department Campus Box 7212 Raleigh, NC 27695
Proposals subject to the conditions made a part hereof will be accepted until 2:00 pm, Friday, September 26, 2025 for furnishing services described herein.
Proposals must be submitted electronically at:
https://ncsu.bonfirehub.com/opportunities/199627
Upload scanned pages from this RFP document included with your proposal response where indicated on the Bonfire website.
Direct all inquiries (via email) concerning this RFP to: Joel Johnson, MBA, NCP NC State University
Procurement Services Department
Email: jdjohn25@ncsu.edu
A MANDATORY PRE-PROPOSAL CONFERENCE
Date: 11 :00 AM, Thursday, September 4, 2025
Location: Lobby of the Plants for Human Health Institute NC State Building, 600 Laureate Way, Kannapolis, NC. Attendance is mandatory in order for a proposal to be considered for award. Proposals from proposers who do not attend, who do not arrive before 11 :00 a.m., or who are not present for the entire pre-proposal conference will not be considered for award. This will be the only opportunity to view the work location.
Attempts to gain information through any other means may cause rejection of your proposal.
NOTE: Questions concerning the RFP requirements must be submitted in writing via email to jdjohn25@ncsu.edu. Subject Line: RFP #63-JDJ1121067 - Questions, no later than 5:00 p.m on Friday, September 12, 2025. Questions will be answered in the form of an addendum to this RFP. No other contact with university representatives regarding this RFP is allowed during the proposal process. Attempts to obtain information directly from university personnel, or by any other means, may subject your proposal response to rejection. Please use the following template to submit your questions:
Min. 2 days per week or Carpets vacuumed as needed
Upholstered furniture vacuumed 1 day per month
Tables damp wiped (policed daily) 3 days per week
Walls spot cleaned to a height of 6 feet 1 day per week
Chairs damp wiped 1 day per week
Carpets spot cleaned as needed
PROJECT WORK FREQUENCY
Extraction clean all carpets 2 times per year
Spray buff hallways and common areas 1 time per week
Top scrub and recoat VCT Floors 3 times per year
Strip and wax VCT Floors Annually
All supply, return and exhaust air diffuser grills wiped clean 1 time per year
Laboratory Baseline (specific schedule coordinated w/each Lab Representative) FREQUENCY
Non Hazardous Waste / Trash / Recycle Bins Emptied 5 days per week
Soap Dispensers (replenished daily as needed) 5 days per week
Paper Towels (replenished daily as needed) 5 days per week
Floors Swept and Mopped 5 days per week
3.11 Storage of Supplies/Equipment: The Contractor shall be provided a locked storage area and will store cleaning equipment and materials only in the designated area(s). The room shall be maintained in a neat, clean manner, with no unnecessary supplies kept in the room. Mops shall be thoroughly cleaned with excess water removed prior to setting them aside to dry. All equipment and supplies shall be stored safely, with no hazard posed to University personnel or to the Contractor. The Contractor shall be responsible for securing the room housing the cleaning supplies and equipment when the room has been opened for use by the Contractor. Room key will be provided to the Contractor for access to storage location(s).
3.12 Periodic Meetings: The Contractor shall meet at least quarterly (March, June, September, December) with the Contract Administrator(s), or his/her representative, to review the performance of services provided under the contract, and at any other time with shorter notice as requested by the University. At or before each scheduled meeting, the Contractor shall provide a written report of the Contractor's accomplishments, time spent while providing cleaning services and costs for services for the preceding three (3) months, plus any items the Contractor may determine to be of interest to the University. The meeting may also include report(s) provided by the University containing items of concern related to quality, as judged by the University.
3.13 Right of Removal
The Contractor shall remove and replace any employee the University deems unfit for work. Removal shall be immediate - as soon as the Contractor is instructed to remove an employee. Replacement employee shall be sent in time to complete the tasks scheduled for that day.
3.14 University-Provided Materials
The University shall provide the following:
• Paper towels and toilet paper, can liners and hand soap for restrooms and laboratories.
• Access to, and routine maintenance/replacement of, existing equipment on site listed in
Attachment A.
• All water, lighting and electric utilities.
• Picture ID Card Key Access Badge(s) for up to five (5) employees. Additional or lost/replacement badges will be charged to the Contractor at $10.00/each.
4. SUPPLIER OUAUFICAJION/EXPERIENCE REQUIREMENTS
4.1 General
The awarded Contractor shall demonstrate a minimum of three (3) years' experience providing janitorial services in multiple building sites (with a minimum of 225,000 square feet under the same contract) and similar in nature and scope to those required herein.
4.2 References
Contractors must provide at least three (3) references demonstrating experience similar in nature and scope to the services required on the reference page below. It is the proposing Contractors' responsibility to provide valid reference information and the University reserves the right to use reference check responses in its evaluation of proposals. Proposals that require the proposing contractor to coordinate the scheduling of the reference check will not be accepted.
4.3 Additional Insurance
In addition to the insurance requirements listed in the attached General Contract Terms and Conditions (Section #19), the awarded Contractor shall provide Employee Theft and Dishonesty coverage at a minimum of $100,000. The insurance certificate(s) shall clearly demonstrate that the proposing Contractor carries the appropriate coverage.
GENERAL INFORMATION ON SUBMITTING PROPOSALS
1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting from this solicitation. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.
2. PROPOSAL SUBMITTAL: NC State University uses a third-party eProcurement strategic sourcing provider, Bonfire, for accepting and evaluating proposals digitally. All proposals must be received by the issuing agency not later than the date and time listed on the cover sheet of this proposal. Proposals shall be uploaded to:
https://ncsu.bonfirehub.com/opportunities/199627
Request for Proposals (RFP) documents are advertised on the State of North Carolina Electronic Vendor Portal System (eVP) and Bonfire. An addendum to this RFP may be issued.
If required, any subsequent addenda must be signed and submitted with the proposal upload.
It is the vendor's responsibility to verify that all applicable addenda are submitted as required.
For support or technical questions related to your submission, please contact Bonfire at support bonfire@eunaso!utions com or visit their help forum at https://vendorsupport.gobonfire. com/he/en-us
3. BONFIRE REQUESTED DOCUMENTATION & INFORMATION: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the State of North Carolina we are receiving proposals via electronic submission.
Please note the type and number of files allowed. The maximum upload file size is 1000 MB.
Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated. Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.
Name File Type # of Files Requirement
Completed NC State University PDF 1 Required RFP Document
Technical Proposal PDF 1 Required
Section 7 Cost Proposal BidTable: Excel 1 Required (.xlsx)
Certificate of Insurance PDF 1 Required
All documents required to complete your submission must be downloaded from the supporting documentation and/or requested information sections of Bonfire. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.
Each item of Requested Information will only be visible to NC State University after the Closing Time.
4. ORAL PRESENTATIONS: During the evaluation and at their option, the evaluators may request oral presentations from any or all offerors for the purpose of clarification or to amplify the materials presented in any part of the proposal. However, offerors are cautioned that the
NORTH CAROLINA STATE UNIVERSITY GENERAL CONTRACT TERMS AND CONDITIONS
{Contractual and Consultant Services}
1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.
2. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.
3. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the University.
4. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the University's Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the
Contractor's proposal.
5. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be subcontracted without prior written approval of the University's Contract
Administrator. Acceptance of an offeror's proposal shall include any subcontractor(s) specified therein.
6. INSPECTION AT CONTRACTOR'S SITE: The University reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for the University's determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.
7. PERFORMANCE AND DEFAULT: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the University shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the University, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials.
Notwithstanding, the Contractor shall not be relieved of liability to the University for damages sustained by the University by virtue of any breach of this agreement, and the University may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the University from such breach can be determined.
In case of default by the Contractor, the University may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The University reserves the right to require a performance bond or other acceptable alternative guarantees from a successful offeror without expense to the University.
In addition, in the event of default by the Contractor under this contract, the State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the State has with the Contractor, and de-bar the Contractor from doing future business with the State.
Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the University may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the University.
8. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. The
University reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
9. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
10. TERMINATION: The University may terminate this agreement at any time by providing written notice to the contractor at least thirty (30) days before the effective date of the termination. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the University, become its property. If the contract is terminated by the University as provided herein, the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable
Federal or State statutes of limitations. The Contractor may terminate at the beginning of any contract year, only by notification provided in writing to the University a minimum of four (4) months prior to the applicable contract year expiration.
11. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the University for the purpose set forth in this agreement.
The university pays Net 30 days from receipt of a proper invoice.
12. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the
University.
13. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished for use in connection with the performance of this contract or purchased by it for this contract and will reimburse the State for loss of damage of such property.
14. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Contractor. In addition, all inventions and the copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Contractor's performance of this project shall vest in the University, and the Contractor agrees to assign all rights therein to the University. Contractor further agrees to provide University with any and all reasonable assistance which University may require to file patent applications, to obtain copyright registrations, or to perfect its title in any such inventions or works, including the execution of any documents submitted by the University.
15. ASSIGNMENT: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the University may:
1. Forward the contractor's payment check(s) directly to any person or entity designated by the
Contractor, or
2. Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check(s).
In no event shall such approval and action obligate the University to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations.
16. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority.
17. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and
State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability.
18. SAFETY STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of
Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical
Manufacturers' Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the
Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.
19. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits:
1. Worker's Compensation - The contractor shall provide and maintain Workers
Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Contractor's employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract.
2. Commercial General Liability - General Liability Coverage on a Comprehensive Broad
Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single
Limit. (Defense cost shall be in excess of the limit of liability).
3. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $1,000,000.00 bodily injury and property damage;
$1,000,000.00 uninsured/underinsured motorist; and $1,000.00 medical payment.
Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North
Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North
Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor's liability and obligations under the contract.
20. ADVERTISING: Contractor shall not use the existence of this contract or the name of the State of
North Carolina or North Carolina State University as part of any advertising without prior written approval from the University.
21. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This Request for Proposal, any addenda thereto, and the offeror's response are incorporated herein by reference as though set forth verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.
22. AMENDMENTS: This contract may be amended only by written amendment duly executed by authorized representatives of both the University and the Contractor.
23. TAXES: N.C.G.S. §143-59.1 bars the Secretary of Administration from entering into contracts with
Contractors if it or its affiliates meet one of the conditions of N.C.G. S. §105-164.B(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.B(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Contractor and (3)
Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means.
By execution of the bid document the Contractor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
24. GENERAL INDEMNITY: The Contractor shall hold and save the University, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Contractor provided that the Contractor is notified in writing within 30 days that the State has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against the University's agents who are involved in the delivery or processing of
Contractor goods to the University. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.
25. OUTSOURCING: Any Contractor or subcontractor providing call or contact center services to the
University or State of North Carolina shall disclose to inbound callers the location from which the call or contact center services are being provided.
If, after award of a contract, the Contractor wishes to outsource any portion of the work to a location outside the United States, prior written approval must be obtained from the University agent responsible for the contract.
Contractor must give notice to the University of any relocation of the Contractor, employees of the
Contractor, subcontractors of the Contractor, or other persons performing services under a state contract outside of the United States.
26. PRICING: All prices offered herein shall be firm against any increases. Requests by the Contractor for a cost increase relevant to any contract extension shall be submitted in writing one hundred and eighty (180) days prior to each contract renewal. The University reserves the option of accepting a
Contractor's proposed cost increase or canceling the service and seeking proposals from other
Contractors. Requests for cost increases will be indexed to the same percent as any change in the
Consumer Price Index/All Urban Consumers for the previous twelve month period of the request.
Invoices are paid Net 30 days from receipt of an accurate invoice.
27. DEBARMENT CERTIFICATION: Offeror certifies to the best of its knowledge and belief, that it nor any of its principals a) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contract by any Federal agency; b) have not within a three year period preceding this award been convicted of or had a civil judgment rendered against them for:
commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to this submission of offers; or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property;
and c) are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of these offenses enumerated herein. The offer certifies that they have not, within a three year period preceding this offer, had one or more contracts terminated for default by any federal agency.
"Principles" for the purpose of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segments, and similar positions.)
This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution.
Certification of this provision is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the University, the University may terminate this agreement for default.
Offeror hereby certifies these conditions and does so by signing the execution page of this RFP document.
28. PRIVACY:
1. Personal Identifiers: If University provides the Contractor with personal identifiers as listed in
N.C.G.S. §132-1.10 and in N.C.G.S. §14-133.20(b) or any other legally confidential information, Contractor hereby certifies that collection of this information from University is necessary for the performance of Contractor's duties and responsibilities on behalf of
University under this Contract. Contractor further certifies that it shall maintain the confidential and exempt status of any social security number information, as required by
N.C.G.S. §132-1.10(c) (1 ), and that it shall not re-disclose personally identifiable information as directed by State and Federal laws. Failure to abide by legally applicable security measures and disclosure restrictions may result in the interruption, suspension and/or termination of the relationship with Contractor for a period of at least five (5) years from date of violation. If Contractor experiences a security breach, as defined in N.C.G.S. §75.61 (14), relating to this information, in addition to the Contractor's responsibilities under the NC
Identity Theft Protection Act, Contractor shall immediately notify University with the information listed in N.C.G.S. §75-65(d)(1-4) and shall fully cooperate with University.
Contractor shall indemnify University for any breach of confidentiality or failure of its responsibilities to protect confidential information. Specifically, these costs may include, but are not limited to, the cost of notification of affected persons as a result of its unauthorized release of University data provided to Contractor pursuant to the Contract.
2. Education Records: If the University provides the Contractor with "personally identifiable information" from a student's education record as defined by FERPA, 34 CFR §99.3, Contractor hereby certifies that collection of this information from University is necessary for the performance of Contractor's duties and responsibilities on behalf of University under this
Contract. In this instance, University considers Contractor a school official with a legitimate interest under FERPA. Contractor further certifies that it shall maintain the confidential status of education records in their custody, and that it shall not re-disclose personally identifiable information as directed by FERPA. Failure to abide by legally applicable security measures and disclosure restrictions may result in the interruption, suspension and/or termination of the relationship with Contractor for a period of at least five (5) years from date of violation. If
Contractor experiences a security breach relating to this information or if Contractor re discloses the information, Contractor shall immediately notify University. Contractor shall indemnify University for any breach of confidentiality or failure of its responsibilities to protect the personally identifiable information. Specifically, these costs may include, but are not limited to, the cost of notification of affected persons as a result of its unauthorized release of
University data provided to Contractor pursuant to the Contract.
29. AUDITS: The State or University auditor, or the Joint Commission on Governmental Operations and legislative employees whose primary responsibility is to provide professional or administrative services to the Commission, may audit the records of Contractor during and after the term of this
Agreement to verify accounts and data affecting fees or performance in accordance with North
Carolina General Statutes §143-49(9) and §147-64.7 and Session Law 2023-134.
30. PRESERVATION OF RECORDS: If the University provides any data to Contractor pursuant to this
Agreement then Contractor shall preserve and maintain the data for a period of three (3) years or as indicated in a litigation hold letter issued by University, to fulfill the University's obligations under the
North Carolina Public Records Act and under the Federal and North Carolina Rules of Civil
Procedure. Contractor shall immediately preserve and maintain data (and any generated email correspondence) upon the University's request or upon notice of litigation or audit and further
Contractor shall make available all Data University may specify with the time limits required.
31. CONTRACTOR EMPLOYEE BACKGROUND CHECKS: The Contractor shall, at no additional cost to the University, secure appropriate background checks on all employees, independent contractors, or subcontractor employees to be assigned to any resulting contract. These background checks shall include, at a minimum, the following checks with consideration for current, past, alias and maiden names:
• Nationwide Federal Criminal search
• National Sex Offender Registry search
• North Carolina Statewide Criminal search
• Criminal searches in all counties of residence outside the state of North Carolina in the past seven (7) years, except in cases when the individual has resided in the New York boroughs of Kings, Queens, New York, Nassau, Richmond, or
Bronx, in which case a New York Statewide Criminal Search is required
• Skip Trace, Residency history, or other Social Security Number-based search (to ensure validity and correct matching)
The Contractor shall align its hiring decisions to support the University's ongoing effort to maintain a safe, drug-free environment for students, faculty, staff and visitors.
These background checks shall be maintained by the Contractor and are subject to audit by appropriate University or state officials at any time during and for five (5) years after the contract end date. The University may withhold consent of any of Contractor's personnel to be placed on a University assignment at its sole discretion. The Contractor shall immediately (same day as notification) remove any employee or representative from University property if deemed by the
University to be unfit for any reason.
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