Q1159371757 - DAC - Anson CI - Waste and Recycling Services - RQ72833.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF ADULT CORRECTION

Request for Quote #: Q1159371757

Trash & Recycling Services for Anson Correctional Institution

Date of Issue: October 3, 2024

Quote Due Date:

October 18, 2024 by 2:00 PM ET

Direct all inquiries concerning this RFQ to:

Jeffrey Just

Procurement Specialist II

Email: jeffrey.just@dac.nc.gov

Phone: 919-866-3669 mailto:jeffrey.just@dac.nc.gov

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Request for Quote #

Q1159371757

For internal State agency processing, including tabulation of quotes, 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 quote.

Failure to do so may subject your quote 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 (Electronic Vendor

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

Quote Number: Q1159371757 Vendor: __________________________________________

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Refer ALL Inquiries regarding this RFQ to the procurement lead through the Message Board in the Sourcing Tool. See section 2.5 for details.

Request for Quote #: Q1159371757 Quotes will be opened: Upon Return – Due no later than 10/18/24 by

2:00PM ET

Using Agency: NC DAC – Anson Correctional Inst. Commodity No. and Description: 761216 – Nonhazardous Waste & Disposal Requisition No.: RQ72833

EXECUTION

In compliance with this Request for Quote (RFQ), 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 quote, at the prices set opposite each item within the time specified herein.

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

this quote is submitted competitively and without collusion (G.S. 143-54), none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this quote, 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 RFQ, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFQ, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this quote, 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 Ariba Sourcing Tool.

Failure to execute/sign quote prior to submittal may render quote invalid and it MAY BE REJECTED. Late quotes shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

VALIDITY PERIOD

Department of Adult Correction

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

ACCEPTANCE OF QUOTES

If your quote is accepted, all provisions of this RFQ, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of Department of Adult Correction)

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR QUOTE DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFQ TERMS AND CONDITIONS

2.4 RFQ SCHEDULE

2.5 QUOTE QUESTIONS

2.6 QUOTE SUBMITTAL

2.7 QUOTE CONTENTS

2.8 ALTERNATE QUOTES

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND QUOTE EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PERFORMANCE OUTSIDE THE UNITED STATES

3.4 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 SPECIFICATIONS

5.2 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT CUSTOMER SERVICE

6.2 CONTINUOUS IMPROVEMENT

6.3 TRANSITION ASSISTANCE

6.4 DISPUTE RESOLUTION

6.5 CONTRACT CHANGES

6.6 ATTACHMENTS

ATTACHMENT A: PRICING FORM

Anson Correctional Institution

ATTACHMENT B: INSTRUCTIONS TO VENDORS

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ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: CUSTOMER REFERENCE TEMPLATE

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT H: CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, & COOPERATIVE

AGREEMENTS

ATTACHMENT I: ALCOHOL/DRUG-FREE WORKPLACE POLICY

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1.0 PURPOSE AND BACKGROUND

The North Carolina Department of Corrections is seeking qualified vendors to establish an Agency Specific Term Contract to provide waste collection/disposal, and in some cases, recycling services, to cover its Anson Correctional Institution located at 552 Prison Camp Road, Polkton, NC 28135.

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

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”).

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

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

2.0 GENERAL INFORMATION

2.1 REQUEST FOR QUOTE DOCUMENT

This RFQ is comprised of the base RFQ 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 the 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.

2.3 NOTICE TO VENDORS REGARDING RFQ 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 RFQ and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ.

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

http://eprocurement.nc.gov/

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The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this RFQ 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 during negotiations.

Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s quote as nonresponsive.

2.4 RFQ SCHEDULE

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

Event Responsibility Date and Time Issue RFQ State 10/03/2024 Submit Written Questions Vendor 10/10/2024 by 4:00PM EST Provide Response to Questions State 10/15/2024 Quote Due Date Vendor 10/18/2024 by 2:00PM EST Contract Award State TBD

2.5 QUOTE QUESTIONS

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

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 RFQ SCHEDULE Section of this RFQ.

Vendors will enter “RFQ # Q1159371757 – Questions” as the subject of the message. Question submittals should include a reference to the applicable RFQ section. This is the only manner in which questions will be received.

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 ET to 5:00 PM ET.

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 RFQ. 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 RFQ, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFQ and an addendum to this RFQ.

2.6 QUOTE SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late quotes, 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 quote has been received as described in this RFQ by the specified time and date of opening. Failure to submit a quote in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s quotes(s).

Vendor’s quotes 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 https://eprocurement.nc.gov/training/vendor-training

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

If confidential and proprietary information is included in the quote, also submit one (1) signed, REDACTED copy of the quote.

Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services, or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the quote with its quote submission, the Department may release an unredacted version if a record request is received.

2.7 QUOTE CONTENTS

Vendors shall provide responses to all questions and complete all attachments for this RFQ 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 provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s quote, in the State’s sole discretion.

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

a) Completed and signed version of all EXECUTION PAGES, along with the body of the RFQ.

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

c) Vendor’s Response.

d) Completed version of ATTACHMENT A: PRICING FORM

e) Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

f) Completed and signed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

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

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

i) Completed and signed version of ATTACHMENT H: CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and OMB STANDARD FORM LLL

j) ATTACHMENT I : ALCOHOL/DRUG-FREE WORKPLACE POLICY

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2.8 ALTERNATE QUOTES

Unless provided otherwise in this RFQ, Vendor may submit alternate quotes for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate quote must specifically identify the RFQ requirements and advantage(s) addressed by the alternate quote. Each quote must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Quotes in the Sourcing Tool.

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

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

3.0 METHOD OF AWARD AND QUOTE 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 award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications provided herein, 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 RFQ 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 RFQ 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 quotes received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFQ 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

COMMUNICATOINS BY VENDORS

Each Vendor submitting a quote to this RFQ, 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 quote 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 RFQ or inquiries directed to the purchaser named in this RFQ regarding requirements of the RFQ (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

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3.3 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 RFQ, 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

3.4 INTERPRETATION OF TERMS AND PHRASES

This RFQ 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 quotes 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 RFQ. Except as specifically stated in the RFQ, 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 quote in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFQ. By submitting a quote, 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 RFQ. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better quote, the Vendor is urged to submit these items in the form of a question during the question-and-answer period in accordance with the Quote Questions Section above.

4.1 PRICING

Quote price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and upload in the Sourcing Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

4.2 INVOICES

Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant:

Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure.

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

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4.3 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENTG: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.4 HUB PARTICIPATION

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

ATTACHMENTD: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.5 REFERENCES

Vendor shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENTE: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Quote.

4.6 BACKGROUND CHECKS

Any personnel or agent of Vendor performing Services under any Contract arising from this RFQ may be required to undergo a background check at the expense of the Vendor, if so requested by the State.

4.7 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractors(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

Should the Vendor’s quote result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

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4.8 VENDOR’S REPRESENTATIONS

If Vendor’s quote 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.

4.9 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

4.10 TRANSPORTATION AND IDENTIFICATION

The Vendor shall deliver Free-On-Board (FOB) Destination to the specified destination(s) with all transportation costs included in the quoted price.

When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer’s name shall be shown on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order.

4.11 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS

Federal law prohibits recipients of federal funds, whether through grants, contracts, or cooperative agreements, from using those funds to influence or attempt to influence (lobby) a federal official in connection with obtaining, extending, or modifying any federal contract, grant, loan, or cooperative agreement. Further, federal law requires that applicants for federal funds certify:

• that they abide by the above restriction;

• that they disclose any permissible (non-federal) paid lobbying on the Federal Awards being applied for; and

• that such certification requirements will also be included in any subawards meeting the applicable thresholds.

Vendors must complete and submit the ATTACHMENT H: CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and the OMB STANDARD FORM LLL when responding to this solicitation.

4.12 DAC ADDITIONAL TERMS & CONDITIONS

ALCOHOL/DRUG FREE WORKPLACE POLICY: A copy of the Department’s Alcohol/Drug Free Work Place Policy is attached to this solicitation. The contractor shall use reasonable and good faith efforts to ensure that employees/staff are aware of the Department’s policy. The contractor understands that its employees/staff are required to abide by these standards. The contractor further understands that possession, use, manufacture, or distribution of illegal drugs or alcohol in violation of this policy, by employees/staff participating in the performance of this contract, may result in immediate termination of this contract for cause.

PREA: The NC Department of Adult Correction is committed to a standard of zero-tolerance pertaining to unduly familiar or sexually abusive behavior either by another juvenile or by staff, volunteer, vendor, contractor or party. Staff, volunteers, vendors, contractors or parties are strictly prohibited from engaging in personal dealings or any conduct of a sexual nature with any inmate or juvenile. Conversation and conduct with any inmate or juvenile must be always professional. Sexual acts between a juvenile or

Ver: 11/2023 12 inmate and staff, volunteer, vendor, contractor or party may violate North Carolina law. Additionally, sexual acts between a juvenile or inmate and staff member will contradict the standards of the federal Prison Rape Elimination Act of 2003 (PREA). Such acts also may be punishable, at a minimum, as a Class E felony in North Carolina. Under North Carolina, consent of the inmate or juvenile may not available as a defense for an individual who is charged criminally based on sexual conduct with the inmate or juvenile. Also, pursuant to PREA standards, no juvenile or inmate can consent to engage in sexual activity with staff, volunteers, vendors, contractors or parties. Any contractual facility will comply with the national standards to prevent, detect, and respond to PREA (115.12, 212, 312) and permit the Department to monitor this aspect of the contract to ensure compliance with the PREA standards.

As a valued partner with DAC, it is important to remember that if you become aware of a report of any incidents of unduly familiar or sexually abusive behavior or sexual harassment, you have a duty to report this information immediately to your contact person with the Agency, by email to prea@dac.nc.gov, or the DAC Communications office at (800) 368-1985.

Additionally, it may violate North Carolina law to sell or give an inmate or juvenile any alcoholic beverages, barbiturate or stimulant drug, or any narcotic, poison or poisonous substance, except upon the prescription of a physician; and it may violate North Carolina law to give an inmate or juvenile any tobacco or tobacco products, alcohol, or cell phones. It may also violate NCDAC policy to convey to or take from any juvenile or inmate any letters, or verbal messages; to convey any weapon or instrument by which to affect an escape, or that will aid in an assault or insurrection; to trade with any inmate for clothing or stolen goods or to sell any inmate any article forbidden by NCDAC policy.

By signing this document, you acknowledge that you understand and will abide by this policy as outlined above.

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5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 SPECIFICATIONS

Vendor(s) responding to this RFQ shall meet the minimal requirements as described herein.

General Scope of service requirements include:

I. SCOPE OF WORK FOR WASTE REMOVAL

A. Vendor agrees to provide a complete, efficient, and sanitary waste disposal service, to include:

1. Container or compactor rental (in most cases) for trash, non-hazardous food waste and recycling materials such as cardboard, paper, plastic bottles, steel cans and aluminum cans.

2. Pickups and/or hauling of containers (as determined by container type).

3. Paying of landfill fees for disposal of all closed-top containers, and most open-top containers and self-contained compactors.

4. Additional pickups of containers as needed.

B. Vendor shall furnish all necessary equipment, materials, and supplies (adequate in-kind, quantity and quality) necessary for professionally performing all work in this RFQ. Vendor shall reimburse the Department for all losses incurred as a result of Offeror’s negligence, inferior work quality, equipment or supplies.

C. Vendor shall be responsible for the removal and disposal of the contents from each container. Each container shall be emptied, returned to its original position, and the lid replaced and locked where required. Garbage and refuse spilled by the vendor shall be cleaned or swept up and removed during that current pick-up.

D. Vendor shall furnish containers with leak-proof bodies specifically designed for this service. Equipment shall be properly maintained so that doors, latches, covers, etc., function properly and so that no liquid residue routinely leaks to the site environment. Per DAC security requirements, all closed top containers and containers with side access doors that are located inside the secure confines of facilities shall be equipped with appropriate locking devices to prevent unsupervised access. Where applicable, compactors shall be installed on a concrete pad and maintained in safe and satisfactory operating condition. Compactors shall be equipped with a “panic-proof” control panel, so should any control button be pushed during the advancing stroke of the ram, the control will automatically reverse or stop the ram’s advance. Minimum hydraulic pressure setting for compactor rams shall be 1800 psi, or as required by manufacturer’s operating specifications. All vendor-supplied equipment shall comply with applicable State statutes and codes.

E. Vendor shall clean all containers used by the Department, at minimum one (1) time per year. Also:

1. DAC reserves the right to request additional cleanings when circumstances warrant.

2. Should vendor remove a soiled container from a facility site for cleaning, a comparable replacement shall be provided.

3. Vendor shall paint the exterior of rental containers, as needed, to maintain a presentable appearance.

F. Should a regularly scheduled pickup be missed by the vendor for whatever reason, a credit in accordance with the bid price shall be applied to the monthly invoice. Should a vendor-provided compactor become inoperable, and repairs are expected to take longer than eight (8) hours, an adequate substitute container, or containers shall be provided for waste collection until such time as the compactor can be restored to service. A proportional credit (% of days/month(s) out of service) shall be applied to the monthly rental invoice.

G. If a scheduled pickup falls on a State holiday, vendor shall pick up on the next business day.

H. DAC shall not be liable for any unavoidable delay of vendor during service provision, including but not limited to normal security requirements and/or operating protocols. DAC shall provide prompt processing of vendors through security stations to the extent possible. No additional fees or surcharges shall be added to vendor’s monthly invoice for site delays of any type.

I. Vendor shall, without additional expense to the State, be responsible for obtaining any necessary licensing and permits, and for complying with any Federal, State and Local laws, codes and regulations in connection with the performance of this contract.

Ver: 11/2023 14

J. Where an open top container is transported to the landfill for disposal, vendor shall provide monthly copies of all landfill tickets to the applicable facility. Failure to provide this documentation could delay payment of invoice and may result in termination of the contract for that particular facility.

K. Vendor charges for landfill fees shall reflect the exact amount indicated on the county landfill’s ticket. No “rounding” of landfill fees, or additional vendor charges pertaining to disposal, are allowed under this contract. Failure to comply with this requirement may result in termination of the contract for that particular facility.

L. Changes in equipment, service schedule, or anything related to the performance of vendor at facilities served, shall be approved by the Contract Administrator, Departmental Purchasing & Services, prior to the change becoming effective. Once a change has been properly approved, a new “revised” copy of the original Purchase Order shall be provided to the vendor via standard E-Procurement delivery. Vendors are CAUTIONED that no facility may make a change in equipment and/or service related to the performance of this contract without the necessary prior approval.

M. Vendor shall be responsible for notifying the Contract Administrator, Departmental Purchasing & Services of any changes in recycling mandates for any facility served. Related changes in service will become effective the first day of the next month.

N. Vendor’s employees shall be properly licensed and insured, and in compliance with all Federal, State and Local regulations relating to the transportation and safe handling of refuse.

O. The Department of Adult Correction shall not be held liable for any citation or fine that the vendor may incur due to a container exceeding weight limitations for NC highways traveled.

P. Monthly invoices shall include the current DAC Purchase Order number for the location being reflected on the invoice. Failure to comply with this requirement may result in delay of payment.

Q. If applicable, in addition to meeting Federal and State Laws and requirements concerning hazardous chemicals, contractor shall forward with each invoice a proper and current Material Safety Data Sheet (MSDS). Furthermore, contractor shall furnish the State and/or its agencies additional MSDS as requested

R. Standards: NSF, UL, ASME, AGA, USDA, and FDA – each as applicable. If applicable, containers to bear all appropriate seals.

S. The awarded vendor(s) will provide ‘Service Level Pickups’ define as the following:

1. Weekly (pick-up one (1) time a week)

2. Twice Monthly (pick up every other week – two (2) times in a given month) (EOW)

3. Monthly (pick up every 4th week – one (1) time per month)

T. If the newly awarded vendor is different from the existing vendor, arrangements shall be made between the facility and the vendors for pickup and delivery of the container(s).

II. SCOPE OF WORK FOR RECYCLING

The DAC desires to contract with a vendor that will provide a service that will collect, pick-up and dispose properly of recyclable materials listed in this RFQ according to all standard NC Environmental and Waste Management Laws and Legislation introduced by the NC Environmental Management Commission and NC Division of Waste Management.

A. This RFQ is to include aluminum cans, cardboard recycling, paper recycling, metal, plastic, or disposal of wooden pallets.

B. The awarded vendor(s) will provide containers that will collect co-mingled aluminum cans, plastic beverage bottles or (recyclable rigid plastic containers as previously defined above), tin cans, and beverage glass (if applicable). In all type containers provided by the awarded vendor, materials will be placed loose in the provided recycle containers, no pre-packaging or pre-bagging by the facility. If pre-packaging / pre-bagging is needed-required by the awarded vendors(s), then materials needed for the pre-packaging / pre-bagging will be provided solely by the awarded vendor(s) at no cost to the facilities along with detailed communication, instructions, and training, if applicable.

C. Locations listed within Attachment A of this RFQ are those locations currently requiring service. DAC reserves the right to add or delete containers at any of these locations, or to add or delete an entire location during the

Ver: 11/2023 15 duration/term of this contract. Additional locations shall be added at a price mutually agreed upon by the vendor and DAC.

D. The awarded vendor(s) will provide recyclable containers per the following descriptions:

1. Two (2)-wheeled recycle cart, 96-gallon up to 110-gallon or a standard comparable industrial recyclable ‘low volume’ container.

2. Open –Top container or a standard comparable industrial recyclable ‘high volume’ container with sizes:

14 yard: approx. 8.0’ wide x 15’ length, 4.5’ depth or the comparable size equivalent

20 yard: approx. 8.0’ wide x 22’ length, 5.5’ depth or the comparable size equivalent

30 yard: approx. 8.0’ wide x 22’ length, 6.5’ depth or the comparable size equivalent

D. Location of Awarded Vendor(s) provided recycle containers: DAC facilities reserve the right to choose whether container is inside or outside a fence surrounding the perimeter of the facility; therefore, the containers will not need to be made of any special material, have a special cover, or a lock.

NOTE: DAC retains the right to modify the container with a lock if necessary for any reason. DAC also retains the right to have the container placed in a location chosen by DAC staff. The awarded vendor’s contact for security is:

Christina Fox (Mingo) Chief of Security

NC Department of Adult Correction 831 West Morgan Street Raleigh, NC 27699-4281 Phone: (984) 204-2714 christina.mingo@dac.nc.gov

E. The awarded vendor(s) will provide ‘Service Level Pickups’ define as the following:

Weekly (pick-up one (1) time a week) Twice Monthly (pick up every other week – two (2) times in a given month) Monthly (pick up every 4th week – one (1) time per month)

F. If the newly awarded vendor is different from the existing vendor, arrangements shall be made between the facility and the vendors for pickup and delivery of the container(s).

G. The awarded vendor(s) will provide one Service Level “Pick-up Price” per identified Facility. (NOTE: The pick-up price should be inclusive of container rental, haul fee, or any other overhead, etc.)

NOTE: Vendor(s) submitting responses to this solicitation may bid on all or any of the facilities and each pricing form for each location must be returned along with this bid document.

5.2 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 and/or services. 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.

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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 CUSTOMER SERVICE

The Vendor shall be required to designate and make available to the State for customer service. The customer service point of contact shall be the State’s point of contact for customer service-related issues (define roles and responsibilities).

Customer Service Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

6.2 CONTINUOUS IMPROVEMENT

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

6.3 TRANSITION ASSISTANCE

If a Contract results from this solicitation, and the Contract is not renewed at the end of the last active term, or is canceled prior to its expiration, for any reason, Vendor shall provide transition assistance to the State, at the option of the State, for up to three

(3) months to allow for the expired or canceled portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Services to the State or its designees. If the State exercises this option, the Parties agree that such transition assistance shall be governed by the terms and conditions of the Contract (notwithstanding this expiration or cancellation), except for those Contract terms or conditions that do not reasonably apply to such transition assistance. The State shall agree to pay Vendor for any resources utilized in performing such transition assistance at the most current rates provided by the Contract for performance of the Services or other resources utilized.

6.4 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 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.

6.5 CONTRACT CHANGES

Contract changes, if any, over the life of…