RFP 2024-088 Branded Items Fulfillment and Virtual Company Store.pdf

July 15, 2024

2:00 PM EDT

Union County Government Center Procurement Department 500 N. Main Street, Suite 709 Monroe, NC 28112

June 20, 2024

2:00 PM EDT

Request for Proposals No. 2024-088

Branded Items Fulfillment and Online Company Store

Due Date:

Time:

Receipt Location:

Non-Mandatory, Pre-Proposal Virtual Conference

Date:

Time:

Procurement Contact:

Erick Perjuste Procurement Specialist 704.283.3658 Erick.Perjuste@unioncountync.gov

Union County, North Carolina RFP 2024-088 Branded Items Fulfillment and Online Company Store

Contents 1 Notice of Advertisement

2 Submittal Details

2.1 PROPOSAL SUBMISSION DEADLINE AND DELIVERY ADDRESS

2.2 PROPOSAL SUBMISSION REQUIREMENTS

2.3 NON-MANDATORY PRE-BID CONFERENCE

2.4 PROPOSAL QUESTIONS

2.5 PROPOSAL ADDENDUM

2.6 COMMUNICATION

3 Introduction

3.1 COUNTY

3.2 PURPOSE

4 Scope of Work

4.1 DEDICATED PERSONNEL

4.2 UNION COUNTY CATALOG WEBSITE

4.3 BRAND COMPLIANCE

4.4 SET-UP FEES

4.5 PROPERTY RIGHTS

4.6 MEETINGS

4.7 VENDOR RESPONSIBILITIES

4.8 PRODUCTS

4.8.1 Branded Items

4.9 BILLING AND TERMS

4.10 SHIPPING

5 Detailed Submittal Requirements and Instructions

5.1 TERMS OF SUBMISSION

5.2 PROPOSAL FORMAT

5.2.1 Section A – Cover Letter

5.2.2 Section B – Company Background and Experience

5.2.3 Section C – Staff Experience

5.2.4 Section D – Proposed Solution

5.2.5 Section E – References

5.2.6 Section F – Cost Proposal

5.2.7 Section G – Required Forms

5.3 SELECTION PARTICIPANTS

5.4 EVALUATION SELECTION PROCESS

5.5 AWARD PROCEDURE

5.6 CONFLICT CERTIFICATION

6 General Conditions and Requirements

6.1 TERMS AND CONDITIONS

6.2 CONTRACTUAL OBLIGATIONS

6.3 SUB-CONTRACTOR/PARTNER DISCLOSURE

6.4 EXCEPTION TO THE PROPOSAL

6.5 MODIFICATION OR WITHDRAWAL OF PROPOSAL

6.6 EQUAL EMPLOYMENT OPPORTUNITY

6.7 MINORITY BUSINESSES (MBE) OR DISADVANTAGED BUSINESSES (DBE)

6.8 LICENSES

6.9 E-VERIFY

6.10 DRUG-FREE WORKPLACE

6.11 INSURANCE

6.12 INDEMNIFICATION

7 Appendix A – Proposal Submission

8 Appendix B – Addendum and Anti-Collusion

9 Appendix C – Sample Vendor Payment Notification

10 Appendix D – Union County Branding Standards Guide

11 Appendix E – Template Agreement

1 NOTICE OF ADVERTISEMENT

Request for Proposals No. 2024-088

Branded Items Fulfillment and Online Company Store

Electronic proposals will be received by the Union County’s Procurement Department at the Union County Government Center, 500 North Main Street, Monroe, NC 28112 until 2:00 PM EDT on July 15, 2024. Late submittals will not be accepted.

A Non-Mandatory Pre-Proposal Virtual Conference will be held on June 20, 2024 at 2:00 PM EDT Representatives from Union County Public Communications Department will be present to provide a brief overview of the project and answer questions. Attendance at this meeting is strongly encouraged.

Union County, through its Public Communications Department, is soliciting proposals from experienced and qualified firms to provide an array of promotional/branded items for purchase through an online turnkey store.

Copies of the solicitation may be obtained from the locations listed below:

1. Download the Proposal Documents from the Union County website:

https://www.unioncountync.gov/departments/bids-procurement/current-bids

2. Download the Solicitation Documents from the State of North Carolina Electronic Vendor Portal: https://evp.nc.gov (Bid by Departments, search County of Union).

All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Procurement contact person listed on the cover page (Erick.Perjuste@unioncountync.gov) no later than June 26, 2021 at 1:00 PM EDT.

Union County reserves the right to reject any or all proposals, to waive technicalities and to make such selection deemed in its best interest.

Union County reserves the right to award to multiple vendors.

Offerors are required to comply with the non-collusion requirements set forth in the Solicitation Documents.

Union County encourages good faith effort outreach to Minority Businesses (HUB Certified) and Small Businesses.

https://www.unioncountync.gov/departments/bids-procurement/current-bids https://evp.nc.gov/ mailto:Erick.Perjuste@unioncountync.gov

2 Submittal Details

2.1 PROPOSAL SUBMISSION DEADLINE AND DELIVERY ADDRESS

All Proposal Submittals are to be received by the Union County Procurement Department no later than 2:00 PM EDT on July 15, 2024 per the instructions below. Any submittals received after this date and time shall be rejected without exception.

2.2 PROPOSAL SUBMISSION REQUIREMENTS

The proposal must be submitted electronically using the following link:

https://lfportal.unioncountync.gov/Forms/procurementsubmit. Select the Solicitation drop down arrow and choose this RFP from the list. Complete the form, upload your proposal, and select submit. An email will be sent to the address listed on the form as your confirmation of receipt.

The proposal package must be signed by a person who is authorized to bind the proposing Company. Instructions for preparing the proposal are provided herein.

Paper submissions will not be accepted.

There is no expressed or implied obligation for Union County to reimburse Offerors for any expenses incurred in preparing proposals in response to this request.

Union County reserves the right to:

• Reject any or all proposals, to waive technicalities and to make such selection deemed in its best interest;

• Cancel this solicitation; and

• Award to multiple vendors.

2.3 NON-MANDATORY PRE-BID CONFERENCE

A Non-Mandatory Pre-Bid Virtual Conference will be held on June 20, 2024 at 2:00 PM EDT. Representatives from Union County Public Communications will be present to give a brief overview of the project and to answer questions. Although attendance at this meeting is not mandatory, however it is strongly encouraged.

Please join the meeting from your computer, tablet or smartphone.

Microsoft Teams Need help?

Join the meeting now https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thr ead.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6- 25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a- 2ff4abf732b9%22%7d https://lfportal.unioncountync.gov/Forms/procurementsubmit https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6-25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a-2ff4abf732b9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6-25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a-2ff4abf732b9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6-25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a-2ff4abf732b9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6-25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a-2ff4abf732b9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6-25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a-2ff4abf732b9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZiZjI5ZTAtY2VjYy00OWE3LWFkNTktMThkZjYwZjJlNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22c9d42fa0-b999-4073-a2a6-25a5e1907c27%22%2c%22Oid%22%3a%22a5bc7b60-815d-4c6d-9a5a-2ff4abf732b9%22%7d

Meeting ID: 220 420 844 650 Passcode: jjSnZT

2.4 PROPOSAL QUESTIONS

Proposal questions will be due on or before June 26, 2024 at 1:00 PM EDT. The primary purpose is to provide participating Offerors with the opportunity to ask questions, in writing, related to the RFP.

Submit questions by e-mail to Erick Perjuste at Erick.Perjuste@unioncountync.gov by the deadline shown above. The email subject line should identify the proposal number and project title. All questions and answers may be posted as addenda on www.unioncountync.gov and/or https://evp.nc.gov .

2.5 PROPOSAL ADDENDUM

Union County may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum.

Should an Offeror find discrepancies or omissions in this RFP or any other documents provided by Union County, the Offeror should immediately notify the County of such potential discrepancy in writing via email as noted above.

Any addenda to these documents shall be issued in writing. No oral statements, explanations, or commitments by anyone shall be of effect unless incorporated in the written addenda. Receipt of Addenda shall be acknowledged by the Offeror on Appendix B – Addendum and Anti-Collusion form.

2.6 COMMUNICATION

All communications, any modifications, clarifications, amendments, questions, responses or any other matters related to this Request for Proposals must be made only through the Procurement Contact noted on the cover of this RFP. A violation of this provision is cause for the County to reject a Company’s proposal. No contact regarding this document with other County employees is permitted and may be grounds for disqualification.

3 INTRODUCTION

3.1 COUNTY

Union County (estimated population 257,000) is in the central, southern piedmont. The County provides its residents with a full array of services that include public safety, water/wastewater utilities and sanitation, human services, cultural and recreational activities, and general government administration.

mailto:Erick.Perjuste@unioncountync.gov http://www.unioncountync.gov/

3.2 PURPOSE

Union County, through its Public Communications Department, is soliciting proposals from experienced and qualified firms to provide an array of promotional/branded items for purchase through an online turnkey store.

4 SCOPE OF WORK

Union County is seeking proposals from qualified firms who can supply a wide array of promotional/branded items for purchase through an online storefront. The awarded vendor(s) will result in contractual agreement(s) that allow Union County departments and employees to make direct purchases during the duration of the contract. Union County retains the right to purchase select promotion items from other vendors, as needed.

4.1 DEDICATED PERSONNEL

Vendor(s) will provide a competent and experienced account manager dedicated to the County account to develop and maintain a positive, productive relationship and to meet all agreed upon timelines.

4.2 UNION COUNTY CATALOG WEBSITE

Vendors will be required to develop and host an online store (website) that allows departments and employees to select and purchase Union County-branded apparel and promotional items. Training must either be provided for the Public Communications team on the backend administration of the website or requested changes to the site must be made within two business days.

Vendors must agree to set up a Union County website for the purpose of viewing and purchasing Union County-branded items at competitive and agreed upon prices. Any changes to previously agreed upon prices must be communicated in writing and with valid reason prior to price adjustments on the website.

Vendors must provide Public Communications with regular reporting on usage, as well as the ability to view usage on-demand from the backend of the online store portal.

4.3 BRAND COMPLIANCE

All products must be in compliance with the Union County Brand Standards Guide located in Appendix D of this solicitation.

4.4 SET-UP FEES

Vendors are allowed to charge a one-time set-up fee for all new orders. The County will provide art files for all products.

All final proofs must be approved by a member of the Public Communications team prior to production.

4.5 PROPERTY RIGHTS

All copy (taglines, slogan or themes), designs, photography, artwork, graphic design, etc.

prepared by or for the County is the sole property of Union County. All print and production files are the sole property of Union County. Original, native layered art files are to be provided upon request. Union County reserves the right to edit/adapt originals as needed.

4.6 MEETINGS

Vendor personnel shall be available to timely attend planning meetings, budget reconciliation meetings, and other meetings as reasonably requested during the term of the contract at no additional cost.

4.7 VENDOR RESPONSIBILITIES

The contractor agrees to provide promotional/branded items meeting the following requirements:

• Offer a wide range of brand names, materials, sizing, colors, etc.

• Ability to provide all relevant ordering information including, but not limited to:

o Lead or production time status o Catalog & Annual Pricing o Dimensions o Imprint Area and Methods o Weight o Packaging o Tax and Shipping charges

• Ability to provide a sample of requested items prior to new product setup, as needed.

• Ability to provide a visualization of product with provided artwork.

• Ability to change product and logo color options.

• Arrange for a member of Public Communications to review and approve a proof for all new items.

• Provide quality control measures and guarantees, as well as a formal dispute process.

• Place orders with suppliers, manufacturers or distributors.

4.8 PRODUCTS

4.8.1 BRANDED ITEMS

Criteria for quality levels for promotional items:

• Level I (low-priced office supplies and gifts) – Range of $.01 to $5.00 per item

• Level II (medium-priced office supplies and gifts) - Range of $5.01 to $25.00 per item

• Level III (high-priced office supplies and gifts) - Range of $25.01 to $100.00 per item

Items for each level may include, but are not limited to, the following suggested items. These items may incorporate multiple variations of artwork depending on the use or department.

Level I: Range of $.01 to $5 Per Item Blankets Frames Mouse Pads Car Accessories Koozies Mugs Hats Key Chains Pens Note Pads Lanyards Pencils

Magnets

Level II: Range of $5.01 to $25 Per Item Pen Sets Hats Leather Goods Business Cases Jump Drives Coolers Drinkware Lamps Phone Chargers Travel Bags Large Portfolios Technology Accessories Tote Bags Umbrellas Lapel Pins

Clothing

Level III: Rage of $25.01 to $100.00 Per Item Brand Products Glasswear Luggage Clocks Watches Executive Gifts

4.9 BILLING AND TERMS

• The online store must have the ability to accept all major credit cards for purchases. All orders over $5,000.00 are required to have a purchase order.

o Purchase Orders must be “billed to and shipped to” as per the designations in the purchase order. When required, a purchase order MUST be received prior to filling the order or shipping the item, or payment for those items is not guaranteed.

o At a minimum, invoices must include the PO number, department, product description, quantities, unit price, shipping cost and shipping method details.

• Union County is not sales tax exempt. Therefore, sales tax should be charged on all orders.

4.10 SHIPPING

• Vendor will make every effort to ship in stock items the same day requested.

• Vendor must provide minimum and maximum shipping times for branded items and apparel.

• Vendors must provide a list of quick ship items.

• Shipping options should include overnight to ground for all carriers from date of receiving order. Estimated shipping costs should be provided when possible.

4.11 PRICE ESCALATION

All price increases must be based upon product cost ONLY, and documentation of the price increase is required. However, the Unit Pricing for any Renewal Term may be adjusted at the beginning of such Renewal Term by multiplying the Unit Pricing effective in the previous term by the quotient of the All Urban Consumers Price Index (CPI-U) (South Region), Others Goods and Services, with the Index Period of 2021-2024 as published by the Bureau of Labor Statistics, United States Department of Labor, in effect ninety (90) days prior to the commencement date of the new Renewal Term divided by such CPI in effect for the same month one (1) year prior to such date. However, any Unit Pricing increase pursuant to the previous sentence shall be capped at a five percent (5%) increase from one term to the next. Any such Unit Pricing adjustment for a Renewal Term must be requested by the Vendor or County within thirty (30) days from the date of the County’s notice of its exercise of an option to renew the Contract for a Renewal Term. All requests must be sent to the Communication Department Representative. They will notify vendors of price increase acceptance or denial.

5 DETAILED SUBMITTAL REQUIREMENTS AND INSTRUCTIONS

5.1 TERMS OF SUBMISSION

All material received from a person or company (“Respondent”) in response to this solicitation shall become the property of Union County and will not be returned to the Respondent. Any and all costs incurred by a Respondent in preparing, submitting, or presenting submissions are the Respondent’s sole responsibility and Union County shall not reimburse the Respondent. All responses to this solicitation will be considered a public record and subject to disclosure under applicable public records law.

Any material in a response which the Respondent considers a trade secret and exempt from disclosure as a public record under applicable law, including N.C.G.S. §§ 132-1.2 and 66-152, must be properly designated as a trade secret. In order to properly designate such material, the Respondent must: (i) submit any trade secret materials in a separate envelope, or file, from all other submitted material, being clearly marked as “Trade Secret

– Confidential and Proprietary Information,” and (ii) stamp the same trade secret/confidentiality designation on each page of the materials therein which contain trade secrets.

To the extent consistent with public records law, Union County will make reasonable efforts to maintain the confidential nature of trade secrets, as determined by Union County and subject to the conditions set forth herein. Respondent understands and agrees by submitting a response to this solicitation, that if a request is made to review or produce a copy of any information in the Respondent’s materials which was properly labeled by the Respondent as a trade secret, Union County will notify the Respondent of the request and the date that such materials will be released to the requestor unless the Respondent obtains a court order enjoining that disclosure. If the Respondent fails to obtain the court order enjoining disclosure prior to that date, Respondent understands and agrees that Union County will release the requested information to the requestor on that date.

Furthermore, the Respondent also agrees to indemnify and hold harmless Union County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that has been designated as a trade secret by Respondent.

5.2 PROPOSAL FORMAT

The County desires all responses to be identical in format. While the County’s format may represent a departure from the vendor’s preference, the County requests adherence to the format. All responses are to be in the format described below.

Offerors should prepare their proposals in accordance with the instructions outlined in this section. Each Offeror is required to submit the proposal electronically – Refer to page 4,

2.2. Each section should be identified as described below. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of the RFP. The total length of the proposal for sections A – E should be no more than 20 pages. All required forms (sections F and G) are exempt from the page limit.

The County may award a contract based on initial offers received without discussion of such offers. A proposer’s initial offer should, therefore, be based on the most favorable terms available. The County reserves the right to contact proposers regarding cost and scope clarification at any time throughout the selection process.

The successful Offeror’s proposal must include all responses to the requirements contained within this RFP and all appendices (if applicable) must be completed in their entirety.

By submitting a proposal, the successful Offeror’s Offeror agrees to all applicable provisions, terms and conditions associated with this RFP. This solicitation, the successful bidder’s submitted proposal, all appendices and attachments (if applicable), and stated terms and conditions may become part of the resulting contract.

Utmost attention should be given to accuracy, completeness, and clarity of content. All parts, pages, figures, or tables should be numbered and clearly labeled. Response information should be limited to pertinent information only. Marketing and sales type information is not to be included.

Omissions and incomplete answers may be deemed unresponsive. Please initial any corrections.

The proposal should be organized and identified by section as follows:

• Section A – Cover Letter

• Section B – Company Qualifications and Experience

• Section C – Staff Experience

• Section D – Proposed Solution

• Section E – References

• Section F – Cost Proposal

• Section G – Required Forms

Appendix A – Proposal Submission (signed)

Appendix B – Addenda Receipt and Anti-Collusion (signed)

5.2.1 SECTION A – COVER LETTER

Provide the following information about your company. Respond to each item and provide supporting documentation and/or exhibits as requested or desired.

1. Legal Company Name and DBA (if applicable)

Corporate Headquarters:

Address Telephone Number Website Address

Location Providing Service (if different from headquarters):

Address Telephone Number

2. Name of Single Point of Contact Title

Direct Telephone Number and/or extension Email Address

3. Name of Person with Binding Authority Title Address

Direct Telephone Number and/or extension Email Address

4. Stipulate that the proposal price will be valid for a period of 180 days.

5. Make the following representations and warranty in the cover letter, the falsity of which might result in rejection of its proposal: “The information contained in this proposal or any part thereof, including any exhibits, schedules, and other documents and instruments delivered or to be delivered to the County, is true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the County as to any material facts.”

5.2.2 SECTION B – COMPANY BACKGROUND AND EXPERIENCE

This section provides each vendor with the opportunity to demonstrate how its history, organization, and partnerships differentiate it from other vendors. Careful attention should be paid to providing information relevant to Union County needs.

• Provide corporate history, and number of years in business under the current organizational name and structure and services offered.

• Describe your company’s complete corporate structure, including any parent companies, subsidiaries, affiliates and other related entities. How many public sector (cities and counties) clients does your company have?

• Provide a management organization chart of your company’s overall organization, including director and officer positions and names and the reporting structure.

• What is the Vendor’s service commitment to customers and measurements used?

• List any projects or services terminated by a government entity. Please disclose the government entity that terminated and explain the reason for the termination.

• Are audited or otherwise verifiable financial statements available upon request?

• Is the vendor’s organization involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services?

5.2.3 SECTION C – STAFF EXPERIENCE

• Provide the name, tenure and qualifications of the designated day-to-day account manager for Union County.

• Provide the names and qualifications for other key individuals who will be providing services under this project.

• Explain how your organization ensures that personnel performing the

Services are qualified and proficient.

5.2.4 SECTION D – PROPOSED SOLUTION

Provide an overview of your proposed solution addressing the requirements outlined in Section 4 (Scope of Work). Your response must include the following information:

Online Store

• Provide no fewer than three examples of online store websites created for clients and include the following information on each:

o Link to the website. If not accessible, screenshots of the home page, at least one product page and the checkout page o Number of products on the site o Average products sold in a month o Amount of time it took to set up initial site o Cost to client to build their custom site (if applicable)

• Provide the total number of products that can be on a site at one time.

• Provide an overview of the process to create the custom online store including requirements from Union County and average or estimated time to build.

• Provide options for single sign on access, if applicable.

• Provide any technical requirements required from Union County.

• Provide an overview of website security.

Products

• Provide a representative list of the brands available for inclusion on the online store.

• Provide information on how often product price changes occur and what the process would be for informing Union County.

• Provide an example of current pricing for two items in each of the levels (6 items total) identified in Section 4.8.1.

o Price to be based on 100 quantity using a 4-color logo.

o Provide brand, item name, size (if applicable), embroidered or embossed

• Provide information on warehousing and fulfillment options.

• Provide information on how supply issues or fluctuations will be communicated to Union County and whether the company will suggest similar options as alternatives.

Implementation Timeline

• Provide an overview of the implementation of the online store including:

o Average total time to complete set up after final contract approval o Requirements of Union County team during setup o Process for quality assurance testing and ensuring smooth customer experience o Training

5.2.5 SECTION E – REFERENCES

Provide, at a minimum, three (3) comparable clients with whom your firm has an established relationship similar to the Scope of Work outlined in this RFP and include the following:

• Name of Client

• Contact Name and Title

• Address

• Direct Phone Number

• Email Address

• Service Dates

• Summary of Scope of Services

• Link to Client’s Online Store

5.2.6 SECTION F – COST PROPOSAL

Provide a comprehensive cost schedule breakdown and explanation of all fees anticipated to meet the requirements of this solicitation and include the following:

• Initial website setup, if any;

• Ongoing website maintenance and hosting;

• Technical support;

• Credit card fee structure;

• Fulfillment fee(s);

• Shipping structure;

• Warehousing/inventory fees.

5.2.7 SECTION G – REQUIRED FORMS

Offerors must include signed copies of the following documents:

• Appendix A – Proposal Submission (signed)

• Appendix B – Addenda Receipt and Anti-Collusion (signed)

5.3 SELECTION PARTICIPANTS

1. Maintaining the integrity of the RFP process is of paramount importance for the

County. To this end, please do not contact any members of Union County or its staff regarding the subject matter of this RFP until a selection has been made, other than the County’s designated contact person identified in the introduction to this RFP.

2. Representatives of Union County will read, review, and evaluate the RFP independently based on the evaluation criteria. Failure to abide by this requirement shall be grounds for disqualification from this selection process.

3. The County will establish an RFP Evaluation Team to review and evaluate the RFPs. The RFP Evaluation Team will assess the RFPs independently in accordance with the published evaluation criteria. Union County reserves the right to conduct interviews with a shortlist of selected respondents.

4. At its sole discretion, the Owner may ask written questions of Offerors, seek written clarification, and conduct discussions with Offerors on the RFPs.

5. The County reserves the right to determine the suitability of proposals on the basis of a proposal meeting scope and submittal criteria listed in the RFP. Evaluation criteria and other relevant RFP information will be used to assist in determining the finalist Vendor.

5.4 EVALUATION SELECTION PROCESS

A weighted analysis of the evaluation criteria will be utilized to determine the Vendor that represents the best value solution for the County.

In the evaluation and scoring/ranking of Offerors, the County will consider the information submitted in the RFP as well as the meetings (if applicable) with respect to the evaluation criteria set forth in the RFP.

The initial evaluation criteria/factors and relative weights listed below will be used to recommend selection of the Proposed Offeror or for the purpose of selecting Short-Listed Offerors. The County may choose to award without engaging in interview discussions.

RFP Criteria Weights Company Background and Experience 25% Proposed Solution 50% Cost Proposal & Compliance with Submittal Requirements 25%

Vendors may be invited to give a demonstration of the capabilities of the proposed solution to the Union County evaluation team. The successful bidder’s demonstration (if requested), along with questions and answers, will be a critical component of the overall vendor evaluation.

After identification of Short-Listed Offerors, the County may or may not decide to invite Short-Listed Offerors to vendor demonstration/interviews. If interviews are scheduled with the Short-Listed Offerors, previous evaluation and rankings are not carried forward. For the purpose of selecting a Preferred Offeror, the evaluation criteria will be given the following relative weights:

Interview Criteria Weights Proposed Approach and Staff 65% Price, Quality and Relevance of Interview as it Relates to the Scope of the RFP 35%

Additional meetings may be held to clarify issues or to address comments, as deemed appropriate. Proposers will be notified in advance of the time and format of such meetings.

5.5 AWARD PROCEDURE

Union County has the right to reject any or all proposals, to engage in further negotiations with any Company submitting a proposal, and/or to request additional information or clarification. The County is not obligated to accept the lowest cost proposal. The County may accept the proposal that best serves its needs, as determined by County officials in their sole discretion.

The County reserves the right to make an award without further discussion of the proposals received. Therefore, it is important that the proposal be submitted initially on the most favorable terms.

A proposal may be rejected if it is incomplete. Union County may reject any or all proposals and may waive any immaterial deviation in a proposal.

More than one proposal from an individual, Offeror, partnership, corporation or association under the same or different names, will not be considered.

The County reserves the right to enter into negotiations with the top ranked Offeror.

However, negotiations with the top ranked Offeror does not signify a commitment by Union County to execute a contract or to continue discussions.

The County reserves the right to terminate negotiations at any time and for any reason.

The County may select and enter into negotiations with the next most advantageous Proposer if negotiations with the initially chosen Proposer are not successful.

The award shall be made in the best interest of the County. This Request for Proposal is not subject to any competitive bidding requirements of North Carolina law. The County reserves the right to accept other than the most financially advantageous proposal.

The award document will be a Contract incorporating, by reference, all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated.

5.6 CONFLICT CERTIFICATION

The Offeror must certify that it does not have any actual or potential conflicts of interest with, or adversarial litigation against the County or any of its officers or employees. During the course of the contractual relationship formed pursuant to this solicitation, any such conflict of interest, whether newly arising or newly discovered, must be disclosed to the County in writing.

6 GENERAL CONDITIONS AND REQUIREMENTS

6.1 TERMS AND CONDITIONS

The contract award will have an initial term of two (2) years with three (3) one-year renewal options at the County’s discretion, pending annual budget approval.

Union County has the right to reject any or all proposals, to engage in further negotiations with any Company submitting a proposal, and/or to request additional information or clarification. The County is not obligated to accept the lowest cost proposal. The County may accept that proposal that best serves its needs, as determined by County officials in their sole discretion.

All payroll taxes, liability and worker’s compensation are the sole responsibility of the Offeror. The Offeror understands that an employer/employee relationship does not exist under this contract.

All proposals submitted in response to this request shall become the property of Union County and as such, may be subject to public review.

6.2 CONTRACTUAL OBLIGATIONS

The contents of this Proposal and the commitments set forth in the selected Proposal(s) shall be considered contractual obligations, if a contract ensues. Failure to accept these obligations may result in cancellation of the award. All legally required terms and conditions shall be incorporated into final contract agreements with the selected Service Provider(s).

6.3 SUB-CONTRACTOR/PARTNER DISCLOSURE

If the proposal by any Company requires the use of sub-contractors, partners, and/or third-party products or services, this must be clearly stated in the proposal. The Company submitting the proposal shall remain solely responsible for the performance of all work, including work that is done by sub-contractors.

6.4 EXCEPTION TO THE PROPOSAL

An “exception” is defined as the Service Provider’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the Proposal. All exceptions taken must be identified and explained in writing in the proposal and must specifically reference the relevant section(s) of this Proposal. Other than exceptions that are stated in compliance with this Section, each proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this Proposal. If the Service Provider provides an alternate solution when taking an exception to a requirement, the benefits of this alternate solution and impact, if any, on any part of the remainder of the Service Provider’s solution, must be described in detail.

6.5 MODIFICATION OR WITHDRAWAL OF PROPOSAL

Prior to the scheduled closing time for receiving proposals, any Vendor may withdraw their proposal. After the scheduled closing time for receiving proposals, no proposal may be withdrawn for 180 days. Only written requests for the modification or correction of a previously submitted proposal that are addressed in the same manner as proposals and are received by the County prior to the closing time for receiving proposals will be accepted. The proposal will be corrected in accordance with such written requests, provided that any such written request is in a sealed envelope that is plainly marked “Modification of Proposal” – with solicitation number and name on the front of the envelope. Oral, telephone, or fax modifications or corrections will not be recognized or considered.

6.6 EQUAL EMPLOYMENT OPPORTUNITY

All Offerors will be required to follow Federal Equal Employment Opportunity (EEO) policies. Union County will affirmatively assure that on any project constructed pursuant to this advertisement, equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, and marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age.

6.7 MINORITY BUSINESSES (MBE) OR DISADVANTAGED BUSINESSES (DBE)

It is the policy of Union County that Minority Businesses (MBEs), Disadvantaged Business Enterprises (DBEs) and other small businesses shall have the opportunity to compete fairly in contracts financed in whole or in part with public funds. Consistent with this policy, Union County will not allow any person or business to be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any contract because of sex, race, religion, or national origin.

6.8 LICENSES

The successful Offeror(s) shall have and maintain a valid and appropriate business license (if applicable), meet all local, state, and federal codes, and have current all required local, state, and federal licenses.

6.9 E-VERIFY

E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program, used to verify the work authorization of newly hired employees pursuant to federal law.

Vendor/Offeror shall ensure that Offeror and any Sub-Contractor performing work under this contract: (i) uses E-Verify if required to do so; and (ii) otherwise complies with applicable law.

6.10 DRUG-FREE WORKPLACE

During the performance of this Request, the Offeror agrees to provide a drug-free workplace for their employees; post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition; and state in all solicitations or advertisements for employees placed by or on behalf of the Offeror that the Offeror maintains a drug-free workplace.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Offeror/Offerors in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Request.

6.11 INSURANCE

One or more of the following insurance limits may be required if it is applicable to the project. The County reserves the right to require additional insurance depending on the nature of the agreement.

At Contractor’s sole expense, Contractor shall procure and maintain the following minimum insurances with insurers authorized to do business in North Carolina and rated A-VII or better by A.M. Best, or as otherwise authorized by the Union County Risk Manager.

A. WORKERS’ COMPENSATION

Statutory (coverage for three or more employees) limits covering all employees, including Employer’s Liability with limits of:

$500,000 Each Accident $500,000 Disease - Each Employee $500,000 Disease - Policy Limit

B. COMMERCIAL GENERAL LIABILITY

(for any agreement unless otherwise waived by the Risk Manager)

Covering Ongoing and Completed Operations involved in this Agreement.

$2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal and Advertising Injury Limit

C. COMMERCIAL AUTOMOBILE LIABILITY

(for any agreement involving the use of a contractor vehicle while conducting services associated with the agreement)

$1,000,000 Combined Single Limit - Any Auto

D. PROFESSIONAL LIABILITY

(only for any agreement providing professional service such as engineering, architecture, surveying, consulting services, etc.)

$1,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Professional Liability Insurance for a period of two (2) years following termination of the Agreement.

E. NETWORK SECURITY & PRIVACY LIABILITY (CYBER)

(for any agreement involving software applications)

$1,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Network Security & Privacy Liability Insurance for a period of two (2) years following termination of the Agreement.

ADDITIONAL INSURANCE REQUIREMENTS

A. The Contractor’s General Liability policy shall be endorsed, specifically or generally, to include the following as Additional Insured:

UNION COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE

INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TO THE GENERAL

LIABILITY INSURANCE POLICY.

Additional Insured status for Completed Operations shall extend for a period of not less than three (3) years from the date of final payment.

B. Before commencement of any work or event, Contractor shall provide a Certificate of Insurance in satisfactory form as evidence of the insurances required above.

C. Contractor shall have no right of recovery or subrogation against Union County (including its officers, agents and employees).

D. It is the intention of the parties that the insurance policies afforded by contractor shall protect both parties and be primary and non-contributory coverage for any and all losses covered by the above-described insurance.

E. Union County shall have no liability with respect to Contractor’s personal property whether insured or not insured. Any deductible or self-insured retention is the sole responsibility of Contractor.

F. Notwithstanding the notification requirements of the Insurer, Contractor hereby agrees to notify County’s Risk Manager at 500 N. Main Street # 130, Monroe, NC 28112, within two (2) days of the cancellation or substantive change of any insurance policy set out herein. Union, in its sole discretion, may deem failure to provide such notice as a breach of this Agreement.

G. The Certificate of Insurance should note in the Description of Operations the following:

Department: _____________________ Contract #: _____________________

H. Insurance procured by Contractor shall not reduce nor limit Contractor’s contractual obligation to indemnify, save harmless and defend Union County for claims made or suits brought which result from or are in connection with the performance of this Agreement.

I. Certificate Holder shall be listed as follows:

Union County Attention: Risk Management Department 500 N. Main Street, Suite #130 Monroe, NC 28112

J. If Contractor is authorized to assign or subcontract any of its rights or duties hereunder and in fact does so, Contractor shall ensure that the assignee or subcontractor satisfies all requirements of this Agreement, including, but not limited to, maintenance of the required insurances coverage and provision of certificate(s) of insurance and additional insured endorsement(s), in proper form prior to commencement of services.

6.12 INDEMNIFICATION

Contractor agrees to protect, defend, indemnify and hold Union County, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due, in whole or in part, to the negligence of the Contractor, its officers, employees, subcontractors or agents.

Contractor further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto.

Intentionally Left Blank

7 APPENDIX A – PROPOSAL SUBMISSION

SUBMIT WITH PROPOSAL

This Proposal is submitted by:

Company Legal Name:

Representative Name:

Representative Signature:

Representative Title:

Address:

County/State/Zip:

Email Address:

Phone Number:

Website Address:

It is understood that Union County reserves the right to reject any and all proposals, to make awards according to the best interest of the County, to waive formalities, technicalities, to recover and re-advertise this project. Proposal is valid for 180 days. Proposal is submitted by an executive of the company that has authority to contract with Union County, NC.

Name:

Title:

Signature:

8 APPENDIX B – ADDENDUM AND ANTI-COLLUSION

SUBMIT WITH PROPOSAL

Please acknowledge receipt of all addenda by including this form with your Proposal. Any questions or changes received will be posted as an addendum on www.unioncountync.gov and/or https://evp.nc.gov . It is your responsibility to check for this information.

Addendum No. Date Downloaded

I certify that this proposal is made in good faith and without collusion with any other offeror or officer or employee of Union County.

Company Name:

Name:

Title:

Email Address:

Signature:

9 APPENDIX C – SAMPLE VENDOR PAYMENT NOTIFICATION

Informational Purposes Only - Do not submit with proposal.

Finance Department 500 North Main Street Suite #714 Monroe, NC 28112 T. 704-283-3813 www.unioncountync.gov

ATTENTION: ACCOUNTS PAYABLE VENDORS

As part of our Fraud Prevention Program, Union County now prefers two methods for payments to vendor accounts. These methods allow for faster and easier payments to vendors.

The first and preferred method available is to accept a VISA card payment from the County. If you accept payment via VISA, payment is made at the time of the transaction or upon receipt and approval of the invoice.

The second method is an Electronic Funds Transfer. (EFT) This means that you will receive payment of invoices due directly into your bank account. With this method, you will get an email confirmation giving you the date, invoice numbers, and total amount paid. Your payment will be available to you on Monday (or the first banking day if Monday is a bank holiday) following receipt of an approved invoice from the County department invoiced.

An EFT Enrollment Form to enroll in the program is attached for your convenience. You can also visit the Union County website at www.unioncountync.gov at any time to get a new form if your banking information changes. If the banking information changes and you do not notify us, it will delay receipt of payment for invoices.

If you wish to receive payment via the County’s VISA card, please contact Heather Howey at 704-283-3539, or send an email to ap@unioncountync.gov and you will be added to the list of vendors accepting the VISA card method of payment.

Union County prefers all vendors participate in one of the two methods described above.

Thank you in advance for your participation.

Union County -Finance Office

Authorization for payment via Electronic Funds Transfer (EFT)

Today's Date

Company Name

Street Address

City, State, Zip

By signing below, I hereby authorize Union County to electronically deposit funds into the account indicated below. I understand that if my banking information changes and Union County is not made aware of this change, then payment may be delayed.

Address

City, State, Zip

Bank Name

Routing/ABA # Bank Acct No.

Payment Notification: I hereby authorize the following individual to receive an email notification of payment details for all funds deposited to the above account by Union County.

Phone Number

Email Address

Name & Title

Officer Name & Title

Signature:

FOR ACCOUNT VERIFICATION, PLEASE ATTACH A VOIDED CHECK.

This authorization will remain in effect until Union County has received written notice to discontinue.

Initial Enrollment

Change Information

Phone Number

Please return this completed form and supporting documents to:

Suite 714, 7th Floor, 500 N. Main Street, Monroe NC 28112

Phone: (704) 283-3886 Fax: (704) 225-0664 Email: ap@unioncountync.gov

RFP 2024-088 Branded Items Fulfillment and Online Company Store

10 APPENDIX D – UNION COUNTY BRAND STANDARDS GUIDE

Informational Purposes Only - Do not submit with proposal.

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