RFQ38-26026 - Building Management System PM - 501569 - Bid.pdf

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OFFER AND ACCEPTANCE

The State seeks offers for the goods and/or related services described in this solicitation. The State’s acceptance of any offer must be demonstrated by execution of the acceptance found below and any subsequent Request for Best and Final Offer, if issued. Acceptance shall create a contract having an order of precedence as follows:

In cases of conflict between documents comprising the contract, the order of precedence shall be (1) Best and Final Offers, if any, (2) special terms and conditions specific to this RFQ, (3) specifications, (4) Department of Information Technology Terms and Conditions of this RFQ, and (5) the agreed portions of the awarded Vendor’s offer. No contract shall be binding on the State until an encumbrance of funds has been made for payment of the sums due under the contract.

EXECUTION

In compliance with this Request for Quote, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within the time specified herein. By executing this offer, I certify that this offer is submitted competitively and without collusion.

Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable.

OFFEROR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY, STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL.

NO

PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for ninety (90), days from date of offer opening unless otherwise stated here: ____ days

ACCEPTANCE OF OFFER

If any or all parts of this RFQ are accepted, an authorized representative of Cherry Hospital shall affix their signature hereto. A copy of this acceptance will be forwarded to the successful vendor(s).

FOR STATE USE ONLY

Offer accepted and contract awarded this ______ day of _____________________, 20____, as indicated on attached certification, by _____________________________________________ (Authorized representative of Cherry Hospital).

STATE OF NORTH CAROLINA REQUEST FOR QUOTE NO. 38-26026

DEPARTMENT OF HEALTH AND HUMAN SERVICES

DIVISION OF STATE OPERATED HEALTHCARE

FACILITIES – CHERRY HOSPITAL

Offers will be publicly opened: July 17, 2026

Issue Date: May 21, 2026

Refer ALL inquiries regarding this RFQ to:

Rhonda Braatz

Rhonda.Braatz@dhhs.nc.gov

919-947-7466

Commodity Number: 721515

Description: Heating and Cooling and Air Conditioning HVAC Construction and Maintenance Services

Using Agency: Cherry Hospital

See page 3 for instructions. Requisition No.: RQ264084 mailto:Rhonda.braatzBraatz@dhhs.nc.gov

RFQ Number: 38-26026

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TABLE OF CONTENTS

1.0 INTENT, USE, DURATION AND SCOPE

2.0 GENERAL INFORMATION

2.1. SITE VISIT- RESERVED

2.2. VENDOR QUESTIONS - RESERVED

2.3. ADDENDA- RESERVED

2.4. OFFER SUBMITTAL

2.5. BASIS FOR REJECTION

2.6. LATE OFFERS

2.7. NON-RESPONSIVE OFFERS

2.8. NOTICE TO VENDORS

2.9. E-PROCUREMENT SOLICITATION

2.10. POSSESSION AND REVIEW

2.11. BEST AND FINAL OFFERS (BAFO)

2.12. POINTS OF CONTACT

3.0 SPECIFICATIONS

3.1. VENDOR STANDARD AGREEMENT(S)

3.2. VENDOR UTILIZATION OF WORKERS OUTSIDE U.S. – DISCLOSURE STATEMENT

3.3. E-VERIFY

3.4. PRODUCT MAKE AND MODEL

3.5 SECURITY SPECIFICATIONS

3.6 ENTERPRISE ARCHITECTURE SPECIFICATIONS

3.7 PRODUCT RECALL- RESERVED

3.8. WARRANTY- RESERVED

3.9. CONTRACT TERM

3.10 SPECIFICATIONS

4.0 FURNISH AND DELIVER

5.0 ADDITIONAL INFORMATION

5.1. HISTORICALLY UNDERUTILIZED BUSINESSES

5.2. RECYCLED CONTENT

5.3. ENERGY STAR PRODUCTS

6.0 DEPARTMENT OF INFORMATION TECHNOLOGY INSTRUCTIONS TO VENDORS

7.0 DEPARTMENT OF INFORMATION TECHNOLOGY TERMS AND CONDITIONS

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1.0 INTENT, USE, DURATION AND SCOPE

Cherry Hospital is a psychiatric healthcare facility serving the residents of Eastern North Carolina. Our Mission is to provide excellent, psychiatric care to individuals with the greatest need and the fewest resources. Cherry Hospital is certified by The Joint Commission and Centers for Medicare & Medicaid Services (CMS) to serve approximately two hundred (200) patients through cooperative working relationships with community resources and consumers.

The purpose of this Request for Quote (RFQ) is to obtain pricing for the continuation of preventative maintenance services on Schneider Electric proprietary Building Management System (BMS) equipment and continued access and support for the Continuum software used by the system that is responsible for monitoring and controlling the heating and air conditioning throughout the Hospital.

Goods and Services will be provided in accordance with the terms and conditions of this RFQ.

2.0 GENERAL INFORMATION

2.1. SITE VISIT- RESERVED

2.2. VENDOR QUESTIONS - RESERVED

2.3. ADDENDA- RESERVED

2.4. OFFER SUBMITTAL

Due Date: July 17, 2026

Time: 2:00 PM Eastern Time

IMPORTANT NOTE: Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. Vendor must include all the pages of this solicitation in their response. It is the Vendor’s sole responsibility to ensure its offer has been delivered to this Office by the specified time and date of opening. Any proposal delivered after the proposal deadline will be rejected.

Offer Submission Details:

Sealed offers, subject to the conditions made a part hereof, shall be submitted electronically to the Purchasing Agent listed on the execution page and received by 2:00 PM Eastern Time on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Offers must be submitted with the Execution page signed and dated by an official authorized to bind the Vendor’s firm. Failure to return a signed offer shall result in disqualification.

Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFQ shall NOT be accepted.

a) All File names should start with the vendor’s name first, in order to easily determine all the files to be included as part of the vendor’s response. For example, files should be named as follows: Vendor Name-your file name.

b) File contents SHALL NOT be password protected, the file formats must be in .PDF, .jpeg, or png format, and shall be capable of being copied to other sources.

c) If the vendor’s proposal contains any confidential information (as defined in Attachment B, Paragraph #18), then the vendor must provide one (1) signed, original electronic offer and one (1) redacted electronic copy.

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2.5. BASIS FOR REJECTION

Pursuant to 9 NCAC 06B.0401, the State reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered;

non-compliance with the specifications or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the State; cancellation or other changes in the intended project, or other determination that the proposed requirement is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the State. Vendor contact regarding this RFQ with anyone other than Rhonda Braatz, Procurement Officer may be grounds for rejection of said Vendor’s offer.

2.6. LATE OFFERS

Regardless of cause, late offers will not be accepted and will automatically be disqualified from further consideration. It shall be the Vendor’s sole risk to ensure delivery at the designated office by the designated time. Late offers will not be opened and may be returned to the Vendor at the expense of the Vendor or destroyed if requested.

2.7. NON-RESPONSIVE OFFERS

Vendor offers will be deemed non-responsive by the State and will be rejected without further consideration or evaluation if statements such as the following are included:

• “This offer does not constitute a binding offer”,

• “This offer will be valid only if this offer is selected as a finalist or in the competitive range”,

• “Vendor does not commit or bind itself to any terms and conditions by this submission”,

• “This document and all associated documents are non-binding and shall be used for discussion purposes only”,

• “This offer will not be binding on either party until incorporated in a definitive agreement signed by authorized representatives of both parties”, or

• A statement of similar intent.

2.8. NOTICE TO VENDORS

The State objects to and will not be required to evaluate or consider any additional terms and conditions not previously agreed to by the State and submitted with an Offeror’s response.

This applies to any language appearing in or attached to the document as part of the Offeror’s response. By execution and delivery of this Request for Quote and response(s), the Offeror agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

2.9. E-PROCUREMENT SOLICITATION

This is an E-Procurement solicitation. See Paragraph #47 of the attached Department of Information Technology Terms and Conditions.

2.10. POSSESSION AND REVIEW

During the evaluation period and prior to award, possession of the bids and accompanying information is limited to personnel of the issuing agency, and to the committee responsible for participating in the evaluation. Vendors who attempt to gain this privileged information, or to influence the evaluation process (i.e. assist in evaluation) will be in violation of purchasing rules and their offer will not be further evaluated or considered.

After award of contract the complete bid file will be available to any interested persons with the exception of trade secrets, test information or similar proprietary information as provided by statute and rule. Any proprietary or confidential information, which conforms to exclusions from public

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2.11. BEST AND FINAL OFFERS (BAFO)

The State may establish a competitive range based upon evaluations of offers, and request BAFOs from the Vendor(s) within this range; e.g. “Finalist Vendor(s)”. If negotiations or subsequent offers are solicited, the Vendor(s) shall provide BAFO(s) in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The State will evaluate BAFO(s), oral presentations, and product demonstrations as part of the Vendors’ respective offers to determine the final rankings.

2.12. POINTS OF CONTACT

Contact by the Offeror with the persons shown below for contractual and technical matters related to this RFQ is only permitted if expressly agreed to by the purchasing lead named on page 5, or upon award of contract:

Vendor Contractual Point of Contact Vendor Technical Point of Contact

Name:

City, State, Zip:

Phone number:

Email:

Name:

City, State, Zip:

Phone number:

Email:

State Contractual Point of Contact State Technical Point of Contact

Name: Paul Kartheiser, MD, Interim CEO

Street: 1401 W. Ash Street City, State, Zip: Goldsboro, NC 27530

Phone number: 919-947-8360 Email: Paul.Kartheiser@dhhs.nc.gov

Name: Lee Brown, HVAC Supervisor

Street: 1401 W. Ash Street City, State, Zip: Goldsboro, NC 27530

Phone number: 919-947-7471 Email: Lee.H.Brown@dhhs.nc.gov

3.0 SPECIFICATIONS

3.1. VENDOR STANDARD AGREEMENT(S)

The terms and conditions of Vendor’s standard services, license, maintenance or other agreement(s) applicable to Services, Goods, Software and other Products acquired under this Agreement may apply to the extent such terms and conditions do not materially change the terms and conditions of this Agreement. In the event of any conflict between the terms and conditions of this Agreement and the Vendor’s standard agreement(s), the terms and conditions of this Agreement relating to audit and records, jurisdiction, choice of law, the State’s electronic procurement application of law or administrative rules, the remedy for intellectual property infringement and the exclusive remedies and limitation of liability in the DIT Terms and Conditions herein shall apply in all cases and supersede any provisions contained in Vendor’s relevant standard agreement or any other agreement. The State shall not be obligated under any standard license and/or maintenance or other Vendor agreement(s) to indemnify or hold harmless the Vendor, its licensors, successors or assigns; nor arbitrate any dispute, nor pay late fees, legal fees or other similar costs.

mailto:Paul.Kartheiser@dhhs.nc.gov mailto:Lee.H.Brown@dhhs.nc.gov

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For Vendor Completion:

_____ The Vendor represents and warrants that the terms and conditions of Vendor’s standard license, maintenance, or other agreement(s) do not apply to this procurement. No vendor agreement, standard or otherwise is incorporated into this RFQ #38-26026.

_____ The Vendor standard license, maintenance, or other agreement(s) is provided with the RFQ response and shall be incorporated into this RFQ #38-26026 based on the outcome of a legal review.

3.2. VENDOR UTILIZATION OF WORKERS OUTSIDE U.S. – DISCLOSURE STATEMENT

In accordance with the Statewide Information Security Manual (SISM), the State restricts the location of information systems that receive, process, store, or transmit State and Federal data to the United States which includes the following areas: US States, US Territories, US Embassies, and US Military installations (stateside or overseas). This restriction applies to the Vendor and to any subcontractors engaged to provide Services under this Agreement or with access to State Data.

The Vendor must ensure that its subcontractor agreements contain the same restrictions and will be responsible for monitoring and enforcing subcontractor compliance at all times.

Pursuant to N.C.G.S. §143B-1361(b), the Vendor must complete and return this Disclosure Statement Attachment F with its solicitation response. The Vendor may attach additional pages to its response if needed. The State of North Carolina will evaluate Disclosure Statement Attachments for additional risks, costs, and other factors associated with its service prior to making an award for any such Vendor’s offer. The Vendor must provide the following information in its bid response:

Vendor to complete:

a. The location of work performed under a state contract by the Vendor, any subcontractors, employees, or other persons performing the contract and whether any of this work will be performed outside the United States.

b. The corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other subcontractors.

c. Vendor agrees to provide notice of the relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing Services under a state contract outside of the United States in the event such relocation occurs during the contract term.

d. Vendor agrees that any Vendor or subcontractor providing call or contact center Services to the State of North Carolina shall disclose to inbound callers the location from which the call or contact center Services are being provided.

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e. Will any work under this contract be performed outside the United States?

YES NO

The use of resources or workers located outside the United States is a critical security exception that must be escalated to the State Chief Information Officer for review pursuant to N.C.G.S. §143B- 1376(c) and §143B-1320(c). These critical security exceptions are approved only in rare and extenuating circumstances. Vendor should account for this when preparing its response.

3.3. E-VERIFY

Pursuant to N.C.G.S. § 143B-1350(k), the State shall not enter into a contract unless the awarded Vendor and each of its subcontractors comply with the E-Verify requirements of N.C.G.S. Chapter 64, Article 2. Vendors are directed to review the foregoing laws. Any awarded Vendor must submit a certification of compliance with E-Verify to the awarding agency, and on a periodic basis thereafter as may be required by the State.

3.4. PRODUCT MAKE AND MODEL

3.4. 1 BRAND SPECIFIC PRODUCT

Manufacturer(s) name and product descriptions used in this solicitation are product specific. The items offered in response to this solicitation must be the manufacturer and type specified. Failure to comply with this requirement will result in rejection of offer.

3.5 SECURITY SPECIFICATIONS - RESERVED

3.6 ENTERPRISE ARCHITECTURE SPECIFICATIONS - RESERVED

3.7 PRODUCT RECALL- RESERVED

3.8. WARRANTY- RESERVED

3.9. CONTRACT TERM

Due to the discontinuation of Andover Continuum Software the contract awarded pursuant to this RFQ shall have an effective date as provided in the Notice of Award. The term shall be one (1) year and will expire upon the anniversary date of the effective date unless otherwise stated in the Notice of Award, or unless terminated earlier. The State retains the option to extend this contract for two (2) additional one (1) year periods at its sole discretion.

3.10 SPECIFICATIONS

The Vendor will provide equipment maintenance and support services for the following items listed in the table below. These listed items comprise the descriptive term, “Building

Management System Maintenance” in the Section 4.0 Furnish and Deliver Table.

Building Management System(BMS) Equipment/Service

Equipment/ Service

Responsibility of Equipment Quantity of Devices Onsite (each)

Visits Per Year (each)

Computer Database Protection

Data collected from the automated HVAC system must

1 1

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Server be saved. The data is used to restore the HVAC system in the event of a critical failure, or system crash. A server and workstation are set up to maintain the data for this purpose. The server also is an access point for Plant Ops to adjust and maintain systems as needed. Collected data is analyzed for HVAC system efficiency. Reports are given to Plant Ops on system functions.

Workstation

System Upgrades

Andover Controls BCX Network level controllers that the field controllers reside under, the data from those field devices are passed into this brain controller to communicate between each other and back to the workstations.

22 1

Andover Controls Network Switches

Switches connect HVAC equipment into the network allowing communication between components to control temperatures throughout the building.

12 1

Andover B3920 Large field controllers, controlling central utility plant equipment, air handlers, that all provide heating and cooling to the building.

26 1

Andover B3810 Large controllers, although slightly smaller than the B3920 model listed above, perform the same task on different HVAC system connected components.

1 1

Andover B3814 18 1

Andover Controls Dt8 Module

Expansion modules, including Dt8, D02, and A02 on the large controller that create additional controller connection points for air handling units and central utility plant equipment.

5 1

Andover Controls DO2 Module 5 1

Andover Controls A02 Module 5 1

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Andover Controls B3866 Variable Air Volume box controllers integrate into building thermostats that control the hot and cold air provided to a room as the thermostats call for it.

903 1

Andover Controls B3867 Small fan coil unit controller that controls smaller air handlers and pumps necessary to control the heating and cooling operations within HVAC System.

97 1

Andover Controls 93865 A different model of the B3866s above with 1 less output to use

33 1

Andover Controls 83624 Medium sized controllers used to control unitary equipment and the heating and cooling operations of those units

24 1

Schneider Electric maintenance and support services will include:

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A. Preventative Maintenance

Provide maintenance on Schneider equipment used in the building management system network listed on the equipment table above.

Perform an onsite physical preventative maintenance check on every Schneider Electric controller once (1) per year by a certified Schneider Electric Technician.

Check field device controllers, and network elements by testing and calibrating devices

Monthly visit on-site for site defined problems. With a maximum of 8 hours per visit.

• Network Equipment and Field Controllers

Planned maintenance routines performed on network interfaces (BCX’s), that are utilized for the BMS as well as the integration gateway to the central utility plant, chillers, boilers and variable frequency drivers.

The Ethernet network (installed exclusively for the BMS) will receive planned maintenance routines to ensure proper operation. This includes all switches and fiber connectors.

Each BMS controller will be checked and the operational sequence of the points on the controllers will be verified to be operation in accordance with its defined sequence, depending on devises’ needs, checking the battery backup circuit, scan times, and verifying and documenting network information (Networking information including IP addresses).

• Field Devices

Planned Maintenance routines performed on field devices connected to field controllers.

Item #

1 Provide preferred pricing for parts and labor on repairs beyond this contract.

2 Respond to and provide on-site work within 4 hours of reporting system failure

3 Respond to and provide remote work within 1 hour of reporting system failure, utilizing secure remote access tools to resolve issues, alarms, or provide support on an as-needed bases.

4 Provide maintenance service on the Building Management System Equipment currently in operation at Cherry Hospital.

5 Follow Cherry Hospital check-In and check-out procedures

6 Perform Factory recommended inspection testing and calibration of BMS system device controllers, and network elements.

7 Provide Service reports within 5 business days of service performed. The report shall include, at a minimum, Safety Checks, Preventative maintenance findings, a log of equipment services, issues found, and alarms to identify defects and potential problem areas.

8 Provide a training program for Cherry Hospital personnel.

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Terminal Equipment including (VAVs, FCUs and Gillis) will have their operation verified through the front-end workstation. Verification includes the forcing of sequences to determine the proper operation of equipment, including dampers, valves, temperature, and other analog sensors. The test and verification of each terminal unit will be documented.

Filed Devices associated with controllers will be verified to be operating in accordance with its defined sequence of operation. Equipment not operating properly will be checked and maintenance performed. If the field device cannot meet its defined sequence with maintenance, then the field device will be brought to the attention of Cherry Hospital for replacement (at additional cost).

B. Database Protection

The database protection prepares the system to be restored in the event of damage to the system or the information contained in it. Upon completion of annual backup, Cherry Hospital will receive a copy of the backup, and a second (2) copy will be stored off-site at Schneider Electric’s local office. This provides additional protection in the event of damage to Cherry Hospital’s on-site copy to ensure the ability to restore the system in the event of a critical failure. In the event of a critical system failure and if Schneider Electric needs to restore the system with a backup, they will utilize the most recent backup possible with the most current revisions on the system.

C. System Upgrades

Schneider Electric will complete Building Management System component software upgrades to include software revisions and provide documentation of completion.

Schneider Electric will complete the system updates no less than once (1) a year. Upon completion of the system updates vendor will provide on-site training to the Cherry Hospital team members of any new features or system enhancements as they are added to the system.

D. Priority Telephone Assistance

Provide access to Schneider Electric’s Emergency Service call line, with access to a pool of on-call engineers. Upon placing a call, Cherry Hospital personnel will be asked details about the site and system and contact information. A Schneider Electric engineer will then contact Cherry

Hospital to discuss the problem and will attempt to identify the solution over the phone.

E. On-Site/Local Training

Provide on-site training by “shadowing” of Schneider Electric’s technicians Including review of

Cherry Hospital’s sequence of operations as it relates to the hospital and the equipment being controlled or integrated. Schneider Electric will work with Cherry Hospital in determining exact training, including dedicated training classes that are held remotely or on-site at the Hospital.

Cherry Hospital Responsibilities include:

• Responsible for any local communications costs.

• Cherry Hospital will cover hardware, programming, graphics development and network considerations such as controllers and hardware, change in site programming, all graphics revisions to a new standard or install new network equipment for expansions. Any changes not included in the contract will be quoted separately and will be purchased separately. Changes to programming and graphics, relating to large capital renovations or improvements.

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• Provide Schneider Electric engineers with access to the site’s Ethernet network to connect and evaluate the problem for effective telephone assistance.

• Provide Schneider Electric access to the NCDHHS, Cherry Hospital network remotely and onsite as needed to provide remote issue resolution with the use of the Bomgar platform.

4.0 FURNISH AND DELIVER

Total Cost for Years 1-3 $_________________

Item # QTY. UOM DESCRIPTION ANNUAL COST

1 1

DOLLAR Building Management System Maintenance Services including Continuum software license renewal, maintenance, support and upgrades, hosting services, equipment maintenance and professional services as outlined in Section 3.

Contract Term: November 15, 2026 – November 14, 2027

2 1 DOLLAR (Optional) Year Two (2):

Building Management System Maintenance Services including Continuum software license renewal, maintenance, support and upgrades, hosting services, equipment maintenance and professional services as outlined in Section 3.

Contract Term: November 15, 2027 – November 14, 2028

Total Cost for Year 2:

3 1

DOLLAR (Optional) Year Three (3) Building Management System Maintenance Services including Continuum software license renewal, maintenance, support and upgrades, hosting services, equipment maintenance and professional services as outlined in Section 3.

Contract Term: November 15, 2028 – November 14, 2029

Total Cost for Year 3:

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5.0 ADDITIONAL INFORMATION

5.1. HISTORICALLY UNDERUTILIZED BUSINESSES

“Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the aforementioned categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.” http://ncadmin.nc.gov/businesses/hub

Pursuant to N.C.G.S. §§143B-1361(a), 143-48 and 143-128.4, the State 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. This includes utilizing subcontractors to perform the required functions in this RFQ.

Is Vendor a Historically Underutilized Business? YES NO If “YES”, specify classification. ___________________________

5.2. RECYCLED CONTENT

In an effort to support the sustainability efforts of the State of North Carolina Executive Order Number 156, we solicit your cooperation.

Does the packaging of the items offered in response to this RFQ contain recycled content?

YES NO

If Vendor answered “YES” above, indicate the following:

Percentage of recycled content: _________ Can the packaging be recycled? YES NO

Do items offered in response to this solicitation contain recycled content? YES NO

If Vendor answered “YES” above, indicate the material and content percentage of applicable items.

Material: ___________________________ Percentage of recycled content: ________

State how items may be disposed of or recycled at the end of use?

5.3. ENERGY STAR PRODUCTS

“ENERGY STAR® is a government-backed program helping businesses and individuals protect the environment through superior energy efficiency.” http://www.energystar.gov/

Do products offered meet Energy Star specifications of energy efficiency? YES NO

6.0 DEPARTMENT OF INFORMATION TECHNOLOGY 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 comply with all requirements specified herein.

2) DEFINITIONS:

http://ncadmin.nc.gov/businesses/hub https://www.responsiblepurchasing.org/UserFiles/File/north%20carolina%20ex%20or%20156.pdf https://www.responsiblepurchasing.org/UserFiles/File/north%20carolina%20ex%20or%20156.pdf http://www.energystar.gov/

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• NCDIT: The North Carolina Department of Information Technology, formerly Office of Information Technology Services

• NCDIT CONVENIENCE CONTRACT: A contract that is used for the procurement of IT goods or Services. These contracts are in place for the convenience of the state and use of them is optional.

• OPEN MARKET CONTRACT: A contract for the purchase of goods or Services not covered by a term, technical, or convenience contract.

• TERM CONTRACT: A contract in which a source of supply is established for a specified period of time for specified Services or supplies; usually characterized by an estimated or definite minimum quantity, with the possibility of additional requirements beyond the minimum, all at a predetermined unit price

• THE STATE: Is the state of North Carolina and its agencies.

• VENDOR: Company, firm, corporation, partnership, individual, etc., submitting a response to a solicitation.

3) PROMPT PAYMENT DISCOUNTS: Vendors are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

4) INFORMATION AND DESCRIPTIVE LITERATURE: Vendor is to furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this RFQ, each Vendor must submit with their offer sketches, descriptive literature and/or complete specifications covering the products offered. Only information that is received in response to this RFQ will be evaluated. Reference to information previously submitted or Internet Website Addresses (URLs) will not satisfy this provision. Offers, which do not comply with these requirements, will be subject to rejection.

5) RECYCLING AND SOURCE REDUCTION: It is the policy of this State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items, which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of the relevant purchasers in the State those products or packaging they offer which have recycled content and that are recyclable.

6) CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from NCDIT.

The Vendor is cautioned that the requirements of this RFQ can be altered only by written addendum and that verbal communications from whatever source are of no effect.

7) ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all offers, to waive any informality in offers and, unless otherwise specified by the Vendor, to accept any item in the offer.

If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

8) AWARD OF CONTRACT: Responsive offers will be evaluated and acceptance may be made in accordance with Best Value procurement practices as defined by N.C.G.S. §143-135.9, and in accordance with N.C.G.S. §143B-1350(h), which provides that the offer must be in substantial conformity with the specifications herein, and 09 NCAC 06B.0302. Unless otherwise specified by the State or the Vendor, the State reserves the right to accept any item or group of items on a multi-item offer. In addition, on agency specific or term contracts, NCDIT reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by NCDIT to be pertinent or peculiar to the purchase in question.

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9) SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the Vendor’s expense. Written request for the return of samples must be made within 10 days following date of offer opening. Otherwise the samples will become the property of the State. Each individual sample must be labeled with the Vendor’s name, offer number, and item number. A sample, on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

10) MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns and the singular of any word or phrase shall be read to include the plural and vice versa.

11) PROTEST PROCEDURES: RESERVED

12) VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows

Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and services available on the NC Electronic Vendor Portal (eVP) at the following web site: https://evp.nc.gov/

13) DIGITAL IMAGING: The State will digitize the Vendor’s response if not received electronically, and any awarded contract together with associated contract documents. This electronic copy shall be a preservation record and serve as the official record of this solicitation with the same force and effect as the original written documents comprising such record. Any printout or other output readable by sight shown to reflect such record accurately is an "original."

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7.0 DEPARTMENT OF INFORMATION TECHNOLOGY TERMS AND CONDITIONS

1) DEFINITIONS: As used herein;

a) Deliverable/Product Warranties shall mean and include the warranties provided for products or deliverables licensed to the State in Paragraphs 7 and 8, and included in Paragraph 29 c) of these Terms and Conditions unless superseded by a Vendor’s Warranties pursuant to Vendor’s License or Support Agreements.

b) Purchasing State Agency or Agency shall mean the Agency purchasing the goods or Services.

c) Services shall mean the duties and obligations accepted by the Vendor to carry out the requirements, and meet the specifications, of this procurement.

d) State shall mean the State of North Carolina, the Department of Information Technology as an

Agency or in its capacity as the Award Authority.

2) STANDARDS: Manufactured items and/or fabricated assemblies comprising Deliverables shall meet all requirements of the Occupational Safety and Health Act (OSHA), and State and federal requirements relating to clean air and water pollution, if applicable. Vendor will provide and maintain a quality assurance system or program that includes any Deliverables and will tender to the State only those Deliverables that have been inspected and found to conform to the requirements of this Contract. All manufactured items and/or fabricated assemblies comprising Deliverables are subject to operation, certification or inspection, and accessibility requirements as required:

▪ by State or federal Regulation,

▪ by the Chief Information Officer’s (CIO) policy or regulation, or

▪ acceptance with appropriate standards of operations or uses of said Deliverables as may be shown by identification markings or other means of the appropriate certifying standards organization.

a) Site Preparation: Vendors shall provide the Purchasing State Agency complete site requirement specifications for the Deliverables, if any. These specifications shall ensure that the Deliverables to be installed shall operate properly and efficiently within the site environment. The Vendor shall advise the State of any site requirements for any Deliverables required by the State’s specifications. Any alterations or modification in site preparation which are directly attributable to incomplete or erroneous specifications provided by the Vendor and which would involve additional expenses to the State, shall be made at the expense of the Vendor.

b) Goods Return: Deliverables and any other goods or materials furnished by the Vendor to fulfill technical requirements shall be in good working order and be maintained in good working order by Vendor for the duration of the Contract; unless otherwise provided in a separate maintenance agreement or in the Solicitation Documents. Deliverables failing to meet the State’s technical requirements shall be considered non-conforming goods and subject to return to the Vendor for replacement at the State’s option, and at the Vendor’s expense. The State is responsible for the return costs related to the termination of a Contract, including deinstallation, and freight to destinations within the Continental United States; except in the case of default by the Vendor or delivery of non-conforming goods by Vendor. Shipping or freight charges, if any, paid by the State for non-conforming goods will be reimbursed to the State.

c) Specifications: The apparent silence of the specifications as to any detail, or the apparent omission of detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and only material and workmanship of the first quality may be used. Upon any notice of noncompliance provided by the State, Vendor shall supply proof of compliance with the specifications. Vendor must provide written notice of its intent to deliver alternate or substitute products, goods or Deliverables. Alternate or substitute products, goods or Deliverables may be accepted or rejected in the sole discretion of the State; and any such alternates or substitutes must be accompanied by Vendor’s certification and evidence satisfactory to the State that the function, characteristics, performance and endurance will be equal or superior to the original Deliverables specified.

3) WARRANTIES: Vendor shall assign all applicable third party warranties for Deliverables to the Purchasing State Agency.

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4) PERSONNEL: Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Agency Contract Administrator. Any desired substitution shall be noticed to the Agency’s Contract Administrator accompanied by the names and references of Vendor’s recommended substitute personnel. The Agency will approve or disapprove the requested substitution in a timely manner. The Agency may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the Agency may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

a) Vendor personnel shall perform their duties on the premises of the State, during the State’s regular work days and normal work hours, except as may be specifically agreed otherwise, established in the specification, or statement of work.

b) This Contract shall not prevent Vendor or any of its personnel supplied under this Contract from performing similar Services elsewhere or restrict Vendor from using the personnel provided to the State, provided that:

i) Such use does not conflict with the terms, specifications or any amendments to this Contract, or

ii) Such use does not conflict with any procurement law, regulation or policy, or

iii) Such use does not conflict with any non-disclosure agreement, or term thereof, by and between the State and Vendor or Vendor’s personnel.

5) SUBCONTRACTING: The Vendor may subcontract the performance of required Services with other

Vendors or third parties, or change subcontractors, only with the prior written consent of the contracting authority. Vendor shall provide the State with complete copies of any agreements made by and between Vendor and all subcontractors. The selected Vendor remains solely responsible for the performance of its subcontractors. Subcontractors, if any, shall adhere to the same standards required of the selected Vendor. Any contracts made by the Vendor with a subcontractor shall include an affirmative statement that the State is an intended third party beneficiary of the contract; that the subcontractor has no agreement with the State; and that the State shall be indemnified by the Vendor for any claim presented by the subcontractor. Notwithstanding any other term herein, Vendor shall timely exercise its contractual remedies against any non-performing subcontractor and, when appropriate, substitute another subcontractor.

6) VENDOR’S REPRESENTATION: Vendor warrants that qualified personnel will provide Services 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 information technology industry. Vendor agrees that it will not enter any agreement with a third party that might abridge any rights of the State under this Contract. Vendor will serve as the prime Vendor under this Contract. Should the State approve any subcontractor(s), the Vendor shall be legally responsible for the performance and payment of the subcontractor(s). Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Third party subcontractors, if approved, may serve as subcontractors to Vendor. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

a) Intellectual Property. Vendor has the right to provide the Services and Deliverables without violating or infringing any law, rule, regulation, copyright, patent, trade secret or other proprietary right of any third party. Vendor represents that its Services and Deliverables are not the subject of any actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party.

b) Inherent Services. If any Services, Deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the Service and Deliverables pursuant to this Contract, or are an inherent part of or necessary sub-task included within the 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 in the Contract, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and

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

d) Warranty as to Equipment; Hardware. Vendor warrants that the equipment and hardware that it provides pursuant to this Contract shall be free from defects in materials, in good working order and be maintained in good working order.

7) SOFTWARE LICENSE (for internal embedded software, firmware and unless otherwise provided in the State’s solicitation document, or in an attachment hereto): Deliverables comprising goods, equipment or products (hardware) may contain software for internal operation, or as embedded software or firmware that is generally not sold or licensed as a severable software product. Software may be provided on separate media, such as floppy diskettes or CD-ROM, or may be included within the hardware at or prior to delivery. Such software is proprietary, copyrighted, and may also contain valuable trade secrets and may be protected by patents. Vendor grants the State a license to use the Code (or any replacement provided) on, or in conjunction with, only the Deliverables purchased, or with any system identified in the solicitation documents. The State shall have a worldwide, nonexclusive, non-sublicensable license to use such software and/or documentation for its internal use. The State may make and install copies of the software to support the authorized level of use. Provided, however that if the hardware is inoperable, the software may be copied for temporary use on other hardware. The State shall promptly affix to any such copy the same proprietary and copyright notices affixed to the original. The State may make one copy of the software for archival, back-up or disaster recovery purposes. The license set forth in this Paragraph shall terminate immediately upon the State’s discontinuance of the use of the equipment on which the software is installed. The software may be transferred to another party only with the transfer of the hardware. If the hardware is transferred, the State shall i) destroy all software copies made by the State, ii) deliver the original or any replacement copies of the software to the transferee, and iii) notify the transferee that title and ownership of the software and the applicable patent, trademark, copyright, and other intellectual property rights shall remain with Vendor, or Vendor’s licensors. The State shall not disassemble, decompile, reverse engineer, modify, or prepare derivative works of the embedded software, unless permitted under the solicitation documents.

8) MAINTENANCE/SUPPORT SERVICES: Unless otherwise mutually provided herein, for the first year after the expiration of any warranty coverage (and for all subsequent Contract years, for which Support is purchased), Vendor agrees to provide the following Support Services for the Hardware and any Software provided with the Deliverables for any years in which the applicable support fees are paid, which may be more particularly described, e.g., under part numbers, in the Furnish & Deliver Table, above:

HARDWARE/EQUIPMENT:

a) Basic Services. The Vendor will provide at least normal and usual Hardware support and maintenance Services generally provided to customers in a similar program, position or setting consistent with and subject to the payment of the support and maintenance fees agreed upon in this Contract, all as indicated by part numbers in the Furnish and Deliver Table, above. The Vendor warrants to the State that all items furnished will be new (unless otherwise requested in this RFQ), of good material and workmanship, and agrees to repair or replace any items which fail to comply with the specifications by reason of defective material or workmanship under normal use, free of State’s negligence or accident for one year from date of installation. Such repair or replacement shall include any transportation costs free of any charge to the State. This statement is not intended to limit any additional coverage, which may normally be associated with a product, such as any “hot switch” or similar replacement warranty program applicable as indicated by the

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Vendor’s support description in the Furnish & Deliver Table, above. Any available warranties applicable to replacement Hardware equipment or parts will be passed on to the using agency.

b) Telephone Assistance. Vendor shall provide the State with telephone access to technical support engineers for assistance in the proper installation and use of the Software, and to report and resolve Support problems, during normal business hours, 8:00 AM - 5:00 PM Eastern Standard Time, Monday-Friday. Vendor shall respond to the telephone requests for Program maintenance service, within four hours, for calls made at any time.

SOFTWARE:

a) Error Correction. Upon notice by State of a problem with the Software (which problem can be verified), Vendor shall use reasonable efforts to correct or provide a working solution for the problem.