RFP #27-13-DSS Pressure Washing & Window Cleaning Services.pdf

DEPARTMENT OF SOCIAL SERVICES

REQUEST FOR PROPOSAL #27-13-DSS

PRESSURE WASHING AND WINDOW CLEANING SERVICES

Date of Issue: October 26, 2026

Mandatory Site Visit: November 3, 2026 (Tuesday) at 10:00 AM (EST)

Questions Due Date: November 5, 2026 (Thursday) at 4:00 PM (EST)

Proposal Due Date: November 13, 2026 (Friday) at 4:00 PM (EST)

Direct all inquiries concerning this RFP to:

Vanessa Harris

Accounting Technician II

Email: VanessaHarris@ccdssnc.com

Phone: 910-677-2917

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 MANDATORY SITE VISIT

2.5 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

A. LOCATION

B. SERVICE SPECIFICATIONS

C. ELIGIBILITY

4.2 VENDOR’S PROPOSAL REQUIREMENTS

A. PROJECT ORGANIZATION (MANAGEMENT PLAN)

B. TECHNICAL APPROACH

C. COST OF SERVICES

D. EXPERIENCE AND QUALIFICATIONS

E. REFERENCES

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 RECORDS

5.7 PRICING

5.8 INVOICES

Proposal Number: RFP #27-13-DSS Pressure Washing and Window Cleaning Services

5.9 PAYMENT TERMS

5.10 APPROPRIATION OF FUNDS

5.11 FINANCIAL STABILITY

5.12 APPLICABLE FEMA CLAUSES

5.13 LICENSE, PERMITS AND CERTIFICATIONS

5.14 SAFETY

5.15 INSURANCE:

5.16 GENERAL INDEMNITY

5.17 NON-WAIVER OF RIGHTS

5.18 ENTIRE CONTRACT

5.19 CONTRACT CANCELLATION

5.20 INDEPENDENT CONTRACTOR

5.21 LAWS AND ORDINANCES

5.22 COMPLIANCE WITH LAWS

5.23 OTHER LAWS AND REGULATIONS

5.24 ASSIGNMENT AND SUBCONTRACTING

5.25 DISPUTE RESOLUTION

5.26 CONTRACTOR REPRESENTATIONS

ATTACHMENT A: INSTRUCTIONS TO VENDORS

ATTACHMENT B: EXECUTION OF PROPOSAL

ATTACHMENT C: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT D: CERTIFICATION REGARDING LOBBYING

ATTACHMENT E: NONCOLLUSION AFFIDAVIT

ATTACHMENT F: CERTIFICATION REGARDING BUILD AMERICA, BUY AMERICA ACT (BABAA)

ATTACHMENT G: FEDERAL REQUIRED CONTRACT CLAUSES

1.0 PURPOSE AND BACKGROUND

The purpose of this RFP is to identify companies who can provide pressure washing to stone siding on all exterior walls of the structure and window cleaning services at Cumberland County Department of Social Services.

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

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 of proposal via US Postal Service

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

PROPOSAL TITLE:

RFP # 27-13-DSS

Pressure Washing and Window Cleaning Services

Cumberland County Department of Social Services

Attn: Vanessa Harris

PO Box 878

Fayetteville, NC 28302

PROPOSAL TITLE:

RFP # 27-13-DSS

Pressure Washing and Window Cleaning Services

Cumberland County Department of Social Services

Attn: Vanessa Harris

1225 Ramsey St

Finance Department – Desk #41

Fayetteville, NC 28301

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before 4:00

PM as per the clock in the Department of Social Services Finance Department Office on Friday, November 13, 2026, regardless of the method of delivery. All risk of late arrival due to unanticipated delay—whether delivered by 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, four (4) photocopies, and one (1) electronic copy on a flash drive.

b) Submit your proposal and 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 copies of your proposal must be provided on a flash drive. The files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft

Word and/or Microsoft Excel.

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 VanessaHarris@ccdssnc.com will receive addendums by e-mail.

2.3 PROPOSAL QUESTIONS

Written questions shall be e-mailed to VanessaHarris@ccdssnc.com by 4:00 PM, Thursday, November 5, 2026.

Vendors should enter “RFP #27-13-DSS Pressure Washing and Window Cleaning: Questions” as the subject for the e-mail. 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 e-mail. 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 MANDATORY SITE VISIT

Mandatory Site Visit

Date: Tuesday, November 3, 2026

Time: 10:00 AM Eastern Time

Location: Cumberland County Department of Social Services

1225 Ramsey Street, Fayetteville, NC 28301

Meeting Room B

Contact #: 910-677-2923

Instructions: It shall be MANDATORY that each vendor representative be present for a pre-proposal site visit on

Tuesday, November 3, 2026. Attendees must meet promptly at 10:00 AM Eastern Time at Cumberland County

Department of Social Services, 1225 Ramsey Street, Fayetteville, NC 28301 in Meeting Room B. All attendees must sign in upon arrival. VENDORS WHO ARRIVE LATER THAN 15 MINUTES AFTER THE SPECIFIED TIME WILL

NOT BE ALLOWED TO SIGN IN, PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR PROPOSAL BE

CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow.

The purpose of this visit is for all prospective vendors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposal. Vendors must stay for the duration of the site visit.

Vendors are cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this

Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal.

https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx mailto:VanessaHarris@ccdssnc.com mailto:VanessaHarris@ccdssnc.com https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx

2.5 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, those 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 Department as designated in this RFP. A vendor not in compliance with this provision may be disqualified from contract award.

!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 Department of its intent to designate any information in the proposal as such and received permission from the County Department to do so in writing. Vendor’s notice to the County 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 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 Department shall be deemed to be acceptance of the County Department’s statement of how it will maintain confidentiality. If the County

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 proposal 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. Vendors may be required to provide a demonstration upon request.

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

3.4 EVALUATION CRITERIA

All qualified proposals will be evaluated and award made based on considering the following criteria to result in an award most advantageous to the County:

Criteria Points

1. Project Organization (Management Plan) 20 points

2. Technical Approach 10 points

3. Cost of Services 25 points

4. Experience and Qualifications 30 points

5. References 15 points

Total 100 points

3.5 METHOD OF AWARD

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

The County reserves the right to request clarification of information submitted.

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

A. LOCATION

Pressure Washing and Window Cleaning Services will be scheduled at the following specified location:

• Cumberland County Department of Social Services, 1225 Ramsey Street, Fayetteville, NC 28301

B. SERVICE SPECIFICATIONS

Scope of Work:

a) Clean all exterior windows (clear glass and spandrels) removing visible dirt and leaving free of streaks.

b) Soft wash all precast siding panels removing visible dirt, grime, algae build up, etc.

c) Pressure wash stone siding on all exterior walls of the structure.

d) Service shall be completed during regular business hours (Monday through Friday, 8:00 AM to 5:00 PM) unless otherwise approved by the County.

e) Vendor equipment shall not impede the regular operations and/or vehicle and pedestrian traffic of the facility, unless prior written approval is obtained from the County. If approved, the Vendor is responsible for the equipment/personnel for the redirection of vehicle and pedestrian traffic.

f) The total cost of any suspended scaffolding or boom lift rental needed to complete the job must be included and clearly listed in the vendor(s)’ bid.

Site Conditions:

Vendors are encouraged to familiarize themselves with all site conditions at the pre-bid meeting. Water will be provided by the County, and spigots are located at several points surrounding the facility.

Project Limitations:

An irrigation system is present in all grass areas surrounding the facility. The vendor shall be responsible for ensuring any lift/crane utilized will be properly sized to reach the highest point(s) of the building without causing damage to the irrigation system. Tie back anchors for scaffolds/swing stages are present and accessible on the roof of the facility.

Trash & Debris Removal:

During the project, the Vendor shall be responsible for the removal of any trash or debris created by his work to an approved disposal site. The site will be maintained in a clean condition at all times. Trash and debris from daily operations are to be stored in appropriate storage containers or trucks until removal to the disposal facility.

C. ELIGIBILITY

a) Shall be licensed to offer and perform Pressure Washing and Window Cleaning services in the State of North

Carolina. A copy of this license must be provided with the RFP response.

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. PROJECT ORGANIZATION (MANAGEMENT PLAN)

Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this

RFP, and identify the responsibilities to be assigned to each person vendor proposes to staff the work.

B. TECHNICAL APPROACH

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.

C. COST OF SERVICES

A proposal must be submitted including cost. Cost shall be all inclusive. Exclude all sales tax from your proposal. If discount is available for prompt payment, identify terms so it may be considered in analyzing proposal.

D. EXPERIENCE AND QUALIFICATIONS

In its Proposal, vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the County of Cumberland. Vendor shall provide information as to the qualifications and experience of all personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

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.

COMPANY NAME CONTACT NAME TELEPHONE

NUMBER

EMAIL ADDRESS

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. The COUNTY of Cumberland shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR, unless otherwise agreed in writing.

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 one (1) business day 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 for up to a total of two additional one-year terms.

5.6 RECORDS

The CONTRACTOR awarded this contract shall maintain adequate records to document and justify all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion of the contract resulting from this RFP. The COUNTY shall have access to all records, documents and information collected and/or maintained by others in the course of the administration of this contract. This information shall be made accessible at the CONTRACTOR's place of business to the COUNTY, including the Comptroller's Office and/or its designees, for purposes of inspection, reproduction and audit without limitation or restriction.

5.7 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.

5.8 INVOICES

a) Invoices must be submitted to the following address: Cumberland County Department of Social Services

Attn: Finance

PO Box 878

Fayetteville, NC 28302

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

5.9 PAYMENT TERMS

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

COUNTY.

5.10 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.

5.11 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.

5.12 APPLICABLE FEMA CLAUSES

Whether specified explicitly or not, this contract shall incorporate inhere all applicable clauses established in 2 C.F.R.

§ 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses, attached and incorporated herein as

Attachment G. To ensure compliance with all federal contract requirements, additional contract terms and conditions may be added to the final executed contract by the County. If any applicable federal terms are modified during the contract period, such requirements shall be incorporated herein.

5.13 LICENSE, PERMITS AND CERTIFICATIONS

All licenses, permits, and certificates required for and in connection with any and all parts of the work to be performed under the provisions of the Contract Documents shall be secured by the CONTRACTOR entirely at its own expense.

5.14 SAFETY

CONTRACTOR shall be solely responsible for maintaining safe working conditions and practices at all work sites.

CONTRACTOR shall take all reasonable steps to ensure safety for both workers and visitors to the site(s) to include traffic control. CONTRACTOR will also be solely responsible to ensure that all OSHA requirements are met and a safety officer assigned to the project for the duration of this contract.

5.15 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.

5.16 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.

5.17 NON-WAIVER OF RIGHTS

The COUNTY’S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contract.

5.18 ENTIRE CONTRACT

This 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.

5.19 CONTRACT CANCELLATION

Termination of this contract shall be in accordance with the Termination Clause contained in Attachment G.

5.20 INDEPENDENT CONTRACTOR

The relationship of the CONTRACTOR to the COUNTY shall be that of an independent CONTRACTOR.

5.21 LAWS AND ORDINANCES

The contract will be governed by North Carolina law.

5.22 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.

5.23 OTHER LAWS AND REGULATIONS

CONTRACTOR will comply with any and all applicable federal, state, and local standards, regulation, laws, statutes and ordinances regarding toxic, hazardous and solids wastes and any other pollutants: public and private nuisances:

health or safety: and zoning, subdivision or other land use controls. CONTRACTOR will take all reasonably necessary, proper or required safety, preventative and remedial measures in accordance with any and all relations and directives from the North Carolina Department of Human Resources, the United States Environmental Protection

Agency, Occupational Safety and Health Administration (OSHA), the North Carolina Department of Environment and Natural Resources, Health Departments, and any other federal, state or local agency having jurisdiction, to insure the prompt prevention or cessation (now or in the future) of violations of either the applicable provisions of such standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder. CONTRACTOR will indemnify and hold harmless the COUNTY for CONTRACTOR’s failure or neglect to comply with its obligations under this section.

5.24 ASSIGNMENT AND 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. CONTRACTOR has no authority to enter into contracts on behalf of COUNTY.

If the CONTRACTOR proposes to subcontract work in this Project, the subcontractor and the activity in this project are to be identified in the proposal. CONTRACTOR shall perform at least 50% of work. 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 CONTRACTOR 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.

5.25 DISPUTE RESOLUTION

CONTRACTOR and COUNTY shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner. If an informal resolution cannot be achieved to attempt to mediate the conflict between the

CONTRACTOR and the COUNTY, all litigation shall be commenced in the appropriate division of the General Court of Justice in Cumberland County, North Carolina.

5.26 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. DISQUALIFICATION: Cumberland County reserves the right to disqualify any firm upon reasonable evidence of collusion with intent to defraud or to commit any other illegal practices on the part of the firm. Failure to comply with applicable state laws concerning insurance or bonding may also be grounds for disqualification.

3. 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.

4. 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.

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

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

7. INCURRING COST: Cumberland County shall not be liable for any cost incurred prior to the execution of the contract.

8. 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.

9. SMALL BUSINESSES: Pursuant to General Statute 143-48, the County invites and encourages participation in this procurement process by small business contractors.

10. 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 EVP site and the

County’s Vendor Self Service website.

11. 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.

12. 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.

13. 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.

14. 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.

15. PROTEST PROCEDURES: Any potential, or actual, vendor objecting to the award of a contract resulting from the issuance of this IFB may file a protest of the award of the contract, or any other matter relating to the process of soliciting the Bids. Such a protest must be filed in writing and contain a detailed statement of the legal and factual grounds for the protest, including copies of any relevant documents. All protests must be filed with the Cumberland

County Purchasing Department CumberlandPurchasing@cumberlandcountync.gov . The protest shall be filed no later than 3:00 PM of the tenth (10th) day after notification of award.

16. EQUAL OPPORTUNITY: Vendors shall comply with Executive Order 11246 of September 24, 1965, entitled

“Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees).

17. 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.

18. VENDOR REGISTRATION: Vendor’s 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 mailto:CumberlandPurchasing@cumberlandcountync.gov https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx

ATTACHMENT B: EXECUTION OF PROPOSAL

EXECUTION

In compliance with this Request for Proposals (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]

ATTACHMENT D: CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

ATTACHMENT E: NONCOLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT State of North Carolina County of Cumberland

____________________________, being first duly sworn, deposes and says that:

l. He/She is the ___________________ of ___________________________, the proposer that has submitted the attached proposal.

2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal.

3. Such proposal is genuine and is not a collusive or sham proposal.

4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or to fix any overhead, profit or cost element of the proposal price of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Cumberland or any person interested in the proposed contract; and

5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signature ________________________________________

Printed Name: ____________________________

Title: ____________________________________

Date: ___________________________________

Subscribed and Sworn to Before Me, This ______ day of ___________________, _____

Notary Public _____________________________

My Commission Expires: ____________________

ATTACHMENT F: CERTIFICATION REGARDING BUILD AMERICA, BUY

AMERICA ACT (BABAA)

Certification for FEMA Financial Assistance Programs Subject to BABAA

The undersigned certifies, to the best of his or her knowledge and belief, that:

The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.

The undersigned certifies that for the _____________________ project that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including:

1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

3. All construction materials are manufactured…