RFP #25-26-IT Contract Management Solution.pdf

Innovation and Technology Services (ITS)

RFP #25-26-IT

Contract Management Solution

Date of Issue: February 18, 2025

Questions Due Date: February 21, 2025 (Friday) at 5:00 PM (EST)

Proposal Due Date: March 4, 2025 (Tuesday) at 2:00 PM (EST)

Direct all inquiries concerning this RFP to:

Sophia Murnahan

Purchasing Manager

Email: CumberlandPurchasing@cumberlandcountync.gov

Phone: 910-678-7743

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

Table of Contents

1.0 PURPOSE AND BACKGROUND

2.0 PROPOSAL INSTRUCTIONS & REQUIREMENTS

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 PROPOSAL SUBMITTAL

2.3 PROPOSAL QUESTIONS

2.4 RFP TERMS & CONDITIONS

3.0 NOTICES TO VENDOR

3.1 PROHIBITED COMMUNICATIONS AND CONFIDENTIALITY

3.2 PROPOSAL COMPLIANCE

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 METHOD OF AWARD

4.0 SCOPE OF WORK & VENDOR’S PROPOSAL CONTENT REQUIREMENTS

4.1 SCOPE OF WORK

4.2 VENDOR’S PROPOSAL REQUIREMENTS

A. RESPONSE TO THE FUNCTIONAL REQUIREMENTS

B. CUSTOMIZATION AND FEATURE OPTIONS

C. TECHNICAL APPROACH

D. RELATIVE EXPERIENCE AND QUALIFICATIONS

E. REFERENCES

F. COST

G. ON-SITE/VIRTUAL DEMONSTRATIONS

5.0 CONTRACT TERMS AND CONDITIONS

5.1 IRAN DIVESTMENT ACT

5.2 E-VERIFY

5.3 DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

5.4 CONTRACT CHANGES

5.5 CONTRACT TERM

5.6 PRICING

5.7 INVOICES

5.8 PAYMENT TERMS

5.9 APPROPRIATION OF FUNDS

Proposal Number: RFP #25-26-IT Contract Management Solution

5.10 FINANCIAL STABILITY

5.11 INSURANCE:

5.12 GENERAL INDEMNITY

5.13 ENTIRE CONTRACT

5.14 CONTRACT CANCELLATION

5.15 LAWS AND ORDINANCES

5.16 COMPLIANCE WITH LAWS

5.17 CONTRACTOR REPRESENTATIONS

ATTACHMENT A: INSTRUCTIONS TO VENDORS

ATTACHMENT B: EXECUTION OF PROPOSAL

ATTACHMENT C: CERTIFICATION OF FINANCIAL CONDITION

1.0 PURPOSE AND BACKGROUND

Cumberland County, North Carolina (“the County”) is seeking proposals from qualified vendors to supply a Contract Management System (CMS) to support the County Finance and Legal Department. The goal of the project is to streamline the entire lifecycle of contracts, from creation and negotiation to execution, monitoring, and renewal or termination. The proposed system must incorporate electronic signatures and seamless approval workflows throughout the entire contract process. It is imperative that the County maintain compliance, mitigate risks, improve efficiency by centralizing and automating the management of contractual agreements, improve accessibility, and maximize value.

Cumberland County Finance and Legal Department currently has twenty-one (21) employees, which includes (1) Finance Director, (1) Finance Accountant Manager, (1) Purchasing Manager, (1) Procurement Specialist, (1) County Attorney, (1) Assistant County Attorney, and (1) Paralegal that are involved in the contract process. The County’s contract process is currently a paper driven process on the front end and the financial aspect of the contract process is handled through Munis, which is a product of Tyler Technologies. Over the last three fiscal years, the Finance Department has processed approximately 1,125 new contracts so far. Approximately 1,585 contracts were keyed by the County’s thirty-one (31) departments, but this number includes contracts that were entered in error and department deleted them and/or the contract was rejected. This number does not include contract amendments or change orders that were keyed, as this number has not been tracked. There are approximately fifty (50) departmental administrative submitters who are responsible for the initiation and negotiation of the contracts and thirty (30) contract approvers who are responsible for ensuring that the contracts are following the rules and regulations that are written within the Cumberland County Policies and the North Carolina General Statutes.

The County intends to award a contract to the vendor with a solution that most closely meets the requirements defined in their request for proposal (RFP) and the functional requirements Excel spreadsheet. The vendor’s ability to deliver a clear project plan and an approach towards the successful implementation of these services, and offer ongoing support are critical factors in the evaluation and selection process. This request for proposal includes the purchase, implementation, integration, training, project management, and support and maintenance of the system.

2.0 PROPOSAL INSTRUCTIONS & REQUIREMENTS

2.1 REQUEST FOR PROPOSAL DOCUMENT

The RFP is comprised of the base RFP document, any attachments, and any addenda released before contract award. All attachments and addenda released for this RFP in advance of any contract award are incorporated herein by reference.

By submitting a proposal, the vendor agrees to meet all stated requirements in this section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the County to receive a better proposal, the vendor is urged and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.3.

Vendors shall populate all attachments of this RFP that require the vendor to provide information and include an authorized signature where requested. Failure to include required documents and/or signatures, where requested, will result in rejection of submitted proposals.

2.2 PROPOSAL SUBMITTAL

Pursuant to Section 143-129.8 of the North Carolina General Statutes, informal proposals for a combination of purchase of goods, design, installation, training, operation, maintenance, and related services are solicited. Proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below.

Mailing address for delivery or proposal via US Postal Service

Office Address of delivery by any other method (special delivery, overnight, or any other carrier)

PROPOSAL TITLE:

RFP #25-26-IT Contract Management Solution

Cumberland County Purchasing Office Attn: Sophia Murnahan

PO Box 1829 Fayetteville, NC 28302

PROPOSAL TITLE:

RFP #25-26-IT Contract Management Solution

Cumberland County Purchasing Office Attn: Sophia Murnahan

117 Dick Street 4th Floor, Room 451

Fayetteville, NC 28301

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before 2:00 PM EST, Tuesday, March 4, 2025, regardless of the method of delivery. All risk of late arrival due to unanticipated delays – whether delivered by email, hand, U.S. Postal Service, courier or other delivery service is entirely on the vendor.

It is the sole responsibility of the vendor to have the proposal to the County department specified by the specified time and date of opening. Any proposal received after the proposal submission deadline will be rejected.

a) Submit one (1) signed, original executed proposal response and one (1) electronic copy on a USB flash drive.

b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number;

and (3) the due date. Address the package(s) for delivery as shown in the table above. Proposals will be subject to rejection unless submitted with the information above included on the outside of the proposal package.

c) The electronic copy of your proposal must be provided on a USB flash drive. The files shall NOT be password protected, shall be in .PDF or .XLS/.XLSX format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. The functional requirements Excel spreadsheet must be saved on the USB flash drive as .XLS and/or .XLSX.

All proposal addendums and/or corrections will be posted on the Cumberland County Vendor Self Service site https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx . Vendors who submit a notice of intent to bid to smurnahan@cumberlandcountync.gov will receive addendums by email.

2.3 PROPOSAL QUESTIONS

Written questions shall be emailed to smurnahan@cumberlandcountync.gov by 5:00 PM EST, Friday, February 21, 2025. Vendors should enter “RFP #25-26-IT Contract Management Solution: Questions” as the subject for the email. Questions will not be answered by phone. Question submittals should include a reference to the applicable RFP section.

Questions received prior to the submission deadline date, the County’s response, and any additional terms deemed necessary by the County will be posted in the form of an addendum to the Cumberland County Vendor Self Service Site, https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx and shall become an Addendum to this RFP.

Vendors who submit an intent to bid will receive addendums by email. Vendors shall rely only on written material contained in an Addendum to this RFP. Vendors should not contact any other County employees, besides those listed above, during the bid process. Vendors who contact any other County employees may be disqualified.

Any questions considered minute in nature or that point to an error in the RFP or that the County determines will produce information required in order for all vendors to submit a responsible proposal, may be answered at the County’s discretion after the specified date and time. Such questions that are received after the deadline are not guaranteed to be answered and if the questions qualify as “minute in nature” shall be determined at the sole discretion of the County.

2.4 RFP TERMS & CONDITIONS

It shall be the vendor’s responsibility to read the instructions, the County’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

Questions, issues, or exceptions regarding any term, condition, or other component within this RFP, must be submitted as questions in accordance with the instructions in Section 2.3 PROPOSAL QUESTIONS. Vendor’s proposal shall constitute a firm offer.

If a vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the County. It is the County’s sole discretion to accept or reject requested modifications and/or exceptions.

3.0 NOTICES TO VENDOR

3.1 PROHIBITED COMMUNICATIONS AND CONFIDENTIALITY

PROHIBITED COMMUNICATION: Each vendor submitting a proposal, including its representatives, subcontractors, and suppliers, is prohibited from having any communication with any employees or members of the Board of Commissioners of the County except those employees of the County’s Department as designated in this RFP.

A vendor who does not comply with this provision may be disqualified from award of a contract.

!IMPORTANT INFORMATION! CONFIDENTIAL INFORMATION: The proposal must not contain any information marked as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Trade Secrets Protection Act ( the “Act”) as set out in Article 24 of Chapter 66 of the North Carolina General Statutes, unless the vendor has noticed the County Finance Department of its intent to designate any information in the proposal as such and received permission from the County Finance Department to do so in writing. Vendor’s notice to the County Finance Department must be in writing and must describe the information for which confidentiality is requested and explain how the information is a “trade secret” as defined in G.S. § 66-152(3). If the County Finance Department determines the information for which confidentiality is requested is a “trade secret” covered by the Act, it will notify the vendor how to mark the information in the proposal and will identify the measures that County will take to protect the confidentiality of the information. Vendor’s submission of a proposal after receipt of this notice from the County Finance Department shall be deemed to be acceptance of the County Finance Department’s statement of how it will maintain confidentiality. If the County Finance Department determines the information for which confidentiality is requested is not a “trade secret” covered by the Act, it will notify vendor of that determination. Any proposal marked with any information as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Act in violation of this section shall be regarded as not responsive to the request for proposals and shall not be considered.

3.2 PROPOSAL COMPLIANCE

It is in the best interest of vendors to submit proposals that are clear, concise, and easily understood. Proposals should provide information essential for a straightforward and concise description of vendor capabilities to satisfy the requirements of the RFP specifications.

Vendor may include any optional data not provided for elsewhere and considered to be pertinent to this bid as an addendum.

Vendors are urged and cautioned to read the RFP completely through as noncompliance with requirements may result in bid rejection. Section 4.0 requirements and request for information must be in the same order with the same titles as listed in Section 4.0. Vendor proposals should be easy to follow, and all sections should be easily identified.

The specifications included in this package describe the services that the County feels are necessary to meet the performance requirements of this RFP and shall be considered the minimum standards expected of the Proposer.

However, the specifications are not intended to exclude potential bidders.

If the vendor is unable to meet any of the specifications as outlined therein, vendors are advised to submit questions and concerns regarding the specifications during the question-and-answer period described in Section 2.3.

If the vendor does not indicate or submit questions or concerns regarding the specifications, the County shall assume it is able to fully comply with these specifications. The County shall be the sole and final judge of compliance with all specifications.

The County further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations.

3.3 PROPOSAL EVALUATION PROCESS

The County shall review all responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The County shall not be required to hold interviews; however, depending on the number of responses and the information contained in the responses, the County may decide to conduct interviews with firms of its choice. The County reserves the right to request clarification of information submitted. The highest-ranking vendors will be required to provide a demonstration of the proposed product that is listed within the RFP.

The County reserves the right to reject any and all proposals.

3.4 EVALUATION CRITERIA

All qualified proposals will be evaluated based on the following criteria to result in an award most advantageous to the County. The highest-ranking vendors from this evaluation criteria will be contacted to schedule an on-site and/or virtual demonstration. The award will be made based on the highest ranking after the on-site and/or virtual demonstration.

1. Responses to the Functional Requirements 30 points

2. Customization and Feature Options 20 points

3. Technical Approach 10 points

4. Relevant Experience and Qualifications 10 points

5. References 10 points

6. Cost Proposal 20 points

7. On-Site/Virtual Demonstrations 20 points

120 points

3.5 METHOD OF AWARD

RFP will be awarded based on best overall value method of award.

The County reserves the right to make separate awards to different vendors, to not award, or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to the County to do so.

4.0 SCOPE OF WORK & VENDOR’S PROPOSAL CONTENT REQUIREMENTS

4.1 SCOPE OF WORK

Cumberland County, North Carolina (“the County”) is seeking proposals from qualified vendors to supply a Contract Management System (CMS) to support the County Finance and Legal Department. The goal of the project is to streamline the entire lifecycle of contracts, from creation and negotiation to execution, monitoring, and renewal or termination. The proposed system must incorporate electronic signatures and seamless approval workflows throughout the entire contract process. It is imperative that the County maintain compliance, mitigate risks, improve efficiency by centralizing and automating the management of contractual agreements, improve accessibility, and maximize value.

A. OBJECTIVES

1. Increased Efficiency – Reduce time spent on manual paperwork, approvals, and contract tracking.

2. Cost Savings – Minimize expenses related to printing, mailing, storage, and document retrieval.

3. Faster Contract Turnaround – Speed up contract creation, negotiation, signing, and execution.

4. Improved Compliance and Security – Ensure better adherence to regulatory requirements and secure sensitive data with encryption and access controls.

5. Enhanced Accessibility – Allow stakeholders to access, review, and sign contracts from anywhere, anytime.

6. Better Version Control – Avoid errors from multiple versions and ensure everyone is working on the latest document.

7. Automated Workflows – Streamline approvals, notifications, and reminders to reduce bottlenecks.

8. Reduced Risk of Errors – Minimize manual data entry mistakes and ensure contract accuracy.

9. Enhanced Visibility and Tracking – Enable real-time status tracking and audit trails for improved accountability.

10. Sustainability and Environmental Benefits – Reduce paper usage, contributing to eco-friendly business practices.

11. Optical Character Recognition (OCR) and Artificial Intelligence (AI) – Increase searchability within the database and enhances the contract terminology.

12. External Vendors and/or County Stakeholders Collaboration within the Platform – Allows external vendors to collaborate with the drafting and editing of a contract.

13. Electronic Signatures – Ability to sign legal binding documents with electronic signatures from within the system and provide an evidence summary.

14. Templates Creation – Ability to create and edit templates within the system.

15. External Contracts – Ability to import and edit external contracts from within the system.

B. TASKS

The task list below includes the desired implementation scope:

1. System configuration and customization to support the County’s contract process.

2. User roles and permissions setup.

3. Security setup.

4. Interface development to include those that are listed within the requested functional requirements Excel spreadsheet.

5. Application training for County Staff. (i.e., Department Administrative, Finance, Legal, etc.).

6. System Admin training for County Innovation and Technology Services (ITS) key staff.

7. Vendor configuration review sessions.

8. Templates, forms, checklists, and workflow creation and validation sessions.

9. Data dictionaries.

10. Entity Relationship Diagrams (ERDs).

11. User Acceptance Testing (UAT).

12. Support reporting requirements.

13. Provide a test and production environment.

14. Optical Character Recognition (OCR).

15. Artificial Intelligence (AI).

16. Provide Application Programming Interfaces (APIs) reference, if available.

4.2 VENDOR’S PROPOSAL REQUIREMENTS

The vendor’s proposal must include the required information below. Proposals shall be tabbed, using the titles identified in this section, to identify the required information. Tabs must be in the same order as listed below. Failure to submit this information may render its proposal non-responsive. Vendors are urged and cautioned to read the notices in Section 3.1. Noncompliance with the confidentiality requirements will result in a proposal being considered nonresponsive.

A. RESPONSE TO THE FUNCTIONAL REQUIREMENTS

The vendor’s proposal shall demonstrate how the proposed solution meets the functional requirements stated in this RFP. An Excel spreadsheet listing all functional requirements will be attached with this RFP and ALL worksheets within the document must be completed and submitted along with proposal.

B. CUSTOMIZATION AND FEATURE OPTIONS

The vendor’s proposal shall provide all customization options and features available for the product. The vendor must annotate the additional cost amount next to the corresponding functional requirement cell, if the feature is not already built within the proposed system.

C. TECHNICAL APPROACH

The vendor’s proposal shall include, in narrative, outline, and/or graph form the vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

D. RELATIVE EXPERIENCE AND QUALIFICATIONS

The vendor’s proposal shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the County of Cumberland.

E. REFERENCES

Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein. It is the responsibility of the vendor to ensure the references listed provide the necessary feedback for a completed reference check.

COMPANY NAME CONTACT NAME TELEPHONE

NUMBER

EMAIL ADDRESS

F. COST

Cost shall be all inclusive, to include implementation, support, additional add-on features, and any customized features. Proposal shall list the one-time implementation cost, cost of training, software license, and any recurring costs or fees associated (such as annual support, upgrades, etc.). Vendor shall clearly identify the cost of any monthly and/or annual fees. Vendor must exclude all sales tax from the proposal. If discount is available for prompt payment, identify terms so it may be considered in analyzing proposal.

G. ON-SITE/VIRTUAL DEMONSTRATIONS

A demonstration will be required by highest-ranking vendors based on the previous evaluation criteria listed. Once proposals are received by the department and evaluated, the department will contact those that ranked highest to schedule a date and time for a demonstration, either on-site or virtual. On-site/virtual demonstrations will be evaluated with the highest-ranking being awarded.

5.0 CONTRACT TERMS AND CONDITIONS

5.1 IRAN DIVESTMENT ACT

As provided in N.C.G.S. 147-86.55-69, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the North Carolina State Treasurer pursuant to G.S. 147-86.57(6) c, is ineligible to contract with the County of North Carolina or any political subdivision of the COUNTY.

5.2 E-VERIFY

CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if Contractor utilizes a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

5.3 DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

The CONTRACTOR certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each CONTRACTOR to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

5.4 CONTRACT CHANGES

Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the COUNTY and CONTRACTOR.

5.5 CONTRACT TERM

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

The CONTRACTOR shall begin work under the Contract within five (5) business days of the Effective Date. At the end of the Contract’s current term, the COUNTY shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions.

5.6 PRICING

Proposal price shall constitute the total cost for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. CONTRACTOR shall not invoice for any amounts not specifically allowed for in this RFP.

5.7 INVOICES

a) Invoices must be submitted to the following address:

Cumberland County Innovation and Technology Services (ITS)

Attn: Lissa Jones

117 Dick Street, Suite 519

Fayetteville, NC 28301-5749

b) Any applicable taxes shall be invoiced as a separate item.

5.8 PAYMENT TERMS

The CONTRACTOR will be paid net thirty (30) calendar days after the CONTRACTOR’S invoice is approved by the

COUNTY.

5.9 APPROPRIATION OF FUNDS

The parties intend that contractual performances by either party beyond the first fiscal year after the execution of this agreement be contingent upon the continued funding and appropriation by the County Board of Commissioners.

Therefore, the parties agree that services provided and payment due under this agreement will be provided upon a year-to- year basis contingent upon continued funding and appropriation. The fiscal year for Cumberland County begins on July 1 and ends June 30th.

5.10 FINANCIAL STABILITY

CONTRACTOR warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that CONTRACTOR has no constructive or actual knowledge of an actual or potential legal proceeding being brought against CONTRACTOR 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.

5.11 INSURANCE:

Providing and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR and is of the essence of this Contract. All such insurance shall meet all laws of the County of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’S liability and obligations under the Contract. During the term of the Contract, the CONTRACTOR at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract.

5.12 GENERAL INDEMNITY

The CONTRACTOR shall hold and save the COUNTY, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the CONTRACTOR in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the CONTRACTOR provided that the CONTRACTOR is notified in writing within 30 days that the COUNTY has knowledge of such claims. The CONTRACTOR represents and warrants that it shall make no claim of any kind or nature against the COUNTY’s agents who are involved in the delivery or processing of CONTRACTOR goods or services to the COUNTY. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract.

5.13 ENTIRE CONTRACT

The contract formally entered into by the parties after the vendor is selected constitutes the entire understanding of the parties. In the event of a conflict between the COUNTY’S contract terms and the CONTRACTOR’S contract terms, the COUNTY’S terms shall be the overriding determining factor.

5.14 CONTRACT CANCELLATION

The COUNTY may terminate this contract at any time by providing 30 days’ notice in writing from the COUNTY to the CONTRACTOR. If the contract is terminated by the COUNTY as provided in this section, the COUNTY shall pay for services satisfactorily completed by the CONTRACTOR, less any payment or compensation previously made.

5.15 LAWS AND ORDINANCES

The contract will be governed by North Carolina law.

5.16 COMPLIANCE WITH LAWS

CONTRACTOR shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this contract, including those of federal, state, and local agencies having jurisdiction and/or authority.

5.17 CONTRACTOR REPRESENTATIONS

CONTRACTOR 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. CONTRACTOR agrees that it will not enter any agreement with a third party that may abridge any rights of the COUNTY under this Contract.

If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for CONTRACTOR’S proper performance, provision and delivery of the service and deliverables under this 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, CONTRACTOR will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the CONTRACTOR to provide and deliver the Services and Deliverables.

CONTRACTOR certifies that it has not previously or currently:

a. Had any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of CONTRACTOR, its officers or directors, or any of its employees or other personnel to provide services on this project, of which CONTRACTOR has knowledge.

b. Had any regulatory sanctions levied against CONTRACTOR or any of its officers, directors or its professional employees expected to provide services on this project by any governmental regulatory agencies within the past three years. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings.

c. Had any civil judgments against CONTRACTOR during the three (3) years preceding submission of its proposal herein.

Any personnel or agent of the CONTRACTOR performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the CONTRACTOR, if so requested by the COUNTY.

The COUNTY may, in its sole discretion, terminate the services of any person providing services under this Contract.

Upon such termination, the COUNTY may request acceptable substitute personnel or terminate the contract services provided by such personnel.

Attachments to this RFP begin on the next page.

ATTACHMENT A: INSTRUCTIONS TO VENDORS

1. READ, REVIEW AND COMPLY: It shall be the vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to vendors or elsewhere in this RFP document.

2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the vendor’s sole responsibility to ensure delivery at the designated office by the designated time.

3. ACCEPTANCE AND REJECTION: The County reserves the right to reject any and all proposals, to waive minor informality in proposals and to reject proposal with non-minor informalities, based on the sole discretion of the County.

4. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected.

5. GIFTS: Gifts and favors to the County of any kind in any amount are prohibited.

6. SUSTAINABILITY: To support the sustainability efforts of the County of Cumberland we solicit your cooperation in this effort. All copies of the proposal are printed double-sided.

7. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

8. INFORMAL COMMENTS: The County shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the County during the competitive process or after award. The County is bound only by information provided in this RFP and in formal Addenda issued through the State’s IPS and the County’s Vendor Self Service website.

9. COST FOR PROPOSAL PREPARATION: Any costs incurred by vendor in preparing or submitting offers are the Vendor’s sole responsibility; the County of Cumberland will not reimburse any vendor for any costs incurred.

10. VENDOR’S REPRESENTATIVE: Each vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal.

11. SUBCONTRACTING: The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of Cumberland County, nor shall it assign, by power of attorney, operation of law, or otherwise, any moneys payable under the Contract without prior written consent of the County.

If the vendor proposes to subcontract work in this project, the subcontractor and the activity in this project are to be identified in the proposal.

All subcontractors must be approved by the County and must conform to and comply with the same terms, standards and specifications applicable to the contracting firm.

The vendor shall be fully responsible and accountable to the County for the acts and omissions of its subcontractors, and of persons directly or indirectly employed by him.

12. INSPECTION AT VENDOR’S SITE: The County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective vendor prior to Contract award, and during the Contract term as necessary for the County determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

13. AFFIRMATIVE ACTION: The vendor will take affirmative action in complying with all Federal and County requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

14. VENDOR REGISTRATION: Vendors are not required to register as a vendor in our system in order to submit a bid; however, registration is recommended so that vendor information is available for future opportunities. New vendors can register by visiting the following URL: https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx

This Space is Intentionally Left Blank

ATTACHMENT B: EXECUTION OF PROPOSAL

EXECUTION

In compliance with this Request for Proposal (RFP), and subject to all the conditions herein, the undersigned vendor offers and agrees to furnish and deliver any or all items/services upon which prices are proposed. By executing this proposal, the undersigned vendor certifies that this proposal is submitted competitively and without collusion, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible from covered transactions by any Federal or State department or agency. Furthermore, the undersigned vendor certifies that it and its principals are not presently listed on the Department of State Treasurer’s Final Divestment List as per N.C.G.S 147- 86.55-69.

The potential Contractor certifies and/or understands the following by placing an "X" in all blank spaces:

_______ The County has the right to reject any and all proposals or reject specific proposals with deviated/omitted information, based on the County’s discretion if the omitted information is considered a minor deviation or omission. The County will not contact vendors to request required information/documentation that is missing from a proposal packet. Additionally, if the County determines it is in its best interest to do so, the County reserves the right to award to one or more vendors and/or to award only a part of the services specified in the RFP.

_______ This proposal was signed by an authorized representative of the Contractor.

_______ The potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein.

_______ All labor costs associated with this project have been determined, including all direct and indirect costs.

_______ The potential Contractor agrees to the conditions as set forth in this RFP with no exceptions.

_______ Selection of a contract represents a preliminary determination as to the qualifications of the vendor.

Vendor understands and agrees that no legally binding acceptance offer occurs until the Cumberland County Board of Commissioners, or its designee, executes a formal contract and/or purchase order.

Therefore, in compliance with the foregoing RFP, and subject to all terms and conditions thereof, the undersigned offers and agrees to furnish the services for the prices quoted within the timeframe required. Vendor agrees to hold firm offer through contract execution.

Failure to complete, execute/sign (E-signature or handwritten) proposal prior to submittal shall render the proposal invalid and it WILL BE REJECTED.

VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & COUNTY & ZIP: TELEPHONE

NUMBER:

TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO

VENDORS ITEM #10):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF

OF VENDOR:

FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

ATTACHMENT C: CERTIFICATION OF FINANCIAL CONDITION

Name of Vendor: _______________________________________________________________

The undersigned hereby certifies that: [check all applicable boxes]

The vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements.

Date of latest audit: __________________________

The vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity.

The vendor is current in all amounts due for payments of federal and County taxes and required employment-related contributions and withholdings.

The vendor is not the subject of any current litigation or findings of noncompliance under federal or County law.

The vendor has no findings in any past litigation, or findings of noncompliance under federal or County law that may impact in any way its ability to fulfill the requirements of this Contract.

He or she is authorized to make the foregoing statements on behalf of the vendor.

Note: This is a continuing certification and vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein.

If any one or more of the foregoing boxes is NOT checked, vendor shall explain the reason in the space below:

Signature Date

Printed Name Title

[This Certification must be signed by an individual authorized to speak for the vendor]