920009_Compliance Evaluation Inspection_20201009

h L UM Division of Water Resources
Facility Number ` o'J - 0 Division of Sail and Water Conservation
0 Other Agency
Type of Visit:
Compliance Inspect-i—on-75
Operation Review 0 Structure Evaluation
0 Technical Assistance
Reason for Visit:
0 Routine 0 Complaint
0 Follow-up 0 Referral 0 Emergency
0 Other 0 Denied Access
Date of Visit: Arrival Time: ' ' Departure Time: County: ,4, Region:
a
Farm Name: r4lrye _yu4 b r � { Onapk iwner Email:
�..
Owner Name:
Mailing Address:
Physical Address:
Phone:
Facility Contact: (!N-pl p f ,1&�ty K' n Title:
Onsite Representative: C
Certified Operator:
Back-up Operator:
Location of Farm:
3S.17�G7A1
Swine
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Fcede
Farrow to Finish
Boars
Other
Other
Latitude:
Phone: `f 14
Integrator:
Certification Number:
Certification Number:
Design Current Design Current
Capacity Pop. Wet Poultry Capacity Pop.
La er
Non -La er
Pullets
Other
Poults
Design Current
Discharges and Stream Impacts
I - Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Stru ture El Application Field ❑ Other:
a. Was the conveyance m• -made?
b. Did the discharge ach waters of the State? (If yes, notify DWR)
c. What is the es ' atcd volume that reached waters of the State (gallons)?
d. Does the schargc bypass the waste management system`? (If yes, notify DWR)
2. Is there evidence f a past discharge from any part of the operation?
3. Were there a observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
Longitude:
Design Current
Cattle Capacity Pop.
Dairy Cow
Dairy Calf
Dairy Heifer
D Cow
Non -Dairy
Beef Stocker
Beef Feeder
Beef Brood Cow
[:]Yes [:]No ❑ NA ❑ NE
❑Yes
❑No
❑NA
❑NE
❑ Yes
❑ No
❑ NA
❑ NE
[:]Yes ❑ No
❑ Yes ❑ No
❑ Yes [-]No
❑NA ❑NE
❑NA ❑NE
❑ NA ❑ NE
Page I of 3 21412015 Continued

Facili Number: Date of Ins eetion: jo
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes ❑ No ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Frccboard (in):
Observed Freeboard (in):
5. Arc there any immediate threats to the integrity of any of the structures
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which arc not properly addressed and/or mf
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses 0
7. Do any of the structures need maintenance or improvement'?
8. Do any of the structures lack adequate markers as required by
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other tha the
maintenance or improvement?
Waste APIDUCStion
10. Are there any required buffers, setbacks, or
maintenance or improvement?
11. Is there evidence of incorrect land applicati
❑ Excessive Ponding ❑ Hydraulic
❑ PAN ❑ PAN > 10% or l0 lbs.
❑ Outside of Acceptable Crop Wind
12. Crop Type(s):
13. Soil Type(s):
14. Do the receiving crops differ
15. Does the receiving crop and
16. Did the facility fail to see e
acres determination?
❑ Yes ❑ No ❑ NA ❑ NE
through a ❑ Yes ❑ No ❑ NA ❑ NE
immediate public health or environmental threat, notify DWR
❑ Yes ❑ No ❑ NA ❑ NE
permit? ❑ Yes ❑ No ❑ NA ❑ NE
waste structures require
alternatives that need
❑Yes ❑No ❑NA ❑NE
❑ Yes ❑ No ❑ NA ❑ NE
o ? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE
erload 0 Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Evidence of Wind Drift ❑ Application Outside of Approved Area
f�m those designated in the CAWMP?
ar land application site need improvement?
and/or operate per the irrigation design or wettable
17. Does the facility lack equate acreage for land application?
18. Is there a lack of pro erly operating waste application equipment?
19. Did the facility fa' to have the Certificate of Coverage & Permit readily available?
20. Does the Facili fail to have all components of the CAWMP readily available? If yes, check
the appropriate ox.
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ NA ❑ NE
❑ NA ❑ NE
❑ NA ❑ NE
❑NA ❑NE
❑ NA ❑ NE
❑ NA ❑ NE
❑NA ❑NE
WUP [:]Checklists❑ Design ❑ Maps ❑ Lease Abnccmcnts ❑Other:
21. Docs record eeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE
❑ Waste Appl cation ❑ Weekly Frccboard ❑ Waste Analysis [:]Soil Analysis ❑ Waste Transfers ❑ Weather Code
❑ Rainfall Stocking ❑ Crop Yield ❑ I20 Minute Inspections ❑ Monthly and V Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA ❑ NE
Page 2 of 3 21412015 Continued

Facility Number: 9 Q -Q I Date of Ins ection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check Yes ❑ No
the appropriate box(cs) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a POA sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certific Aerator in charge? ❑ Yes ❑ No
27. Did the facility fail to secure a phosphorus loss assessmen.WLAT) certification? ❑ Yes ❑ No
Other Issues
28. Did the facility fail to properly dispose of dead a itrha Is with 24 hours and/or document
and report mortality rates that were higher th normal?
29. At the time of the inspection did the fac'l� y pose an odor or air quality concern?
If yes, contact a regional Air Quali • epresentative immediatcly.
30. Did the facility fail to notify t egional Office of emergency situations as required by the
permit? (i.e„ dischargzexist
oard problems, over -application)
31. Do subsurface tile dr ' at the facility? If yes, check the appropriate box below.
❑ Application F' d ❑ Lagoon/Storage Pond ❑ Other:
32. Were any a �tianal problems noted which cause non-compliance of the permit or CAW MP?
33. Did th eviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑NA ❑NE
❑NA ❑NE
❑ NA ❑ NE
❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
0 Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No
❑ Yes ❑ No
34. Dos the facility require a follow-up visit by the same agency? ❑ Yes ❑ No
Comments (refer to question #): Explain any YES answers and/or any'edditlonal recommendations or any other
Use drawings of facility to better explain situations (use additional pages as necessary).
Fee -.rn,+ Cty?pl%Cal t'UYv Ts 171 5L'vZa .. 1-77_7 brr+ C e C& yGekr—, TV- Drr
S a
O-Pfx CV
Reviewer, Inspector Name:
Rev iewerl Inspector Signatur
Page 3 of 3
❑ NA ❑ NE
❑ NA ❑ NE
❑ NA ❑ NE
comments.
r tic 6 ;to r
f V•
Phone:
Date:
2/4/2015

QUAH
STATE OF NORTH CAROLINA
Department of Agriculture
and Consumer Services
Invitation for Bid #: 10-1FB-009310
Horse Complex Refuse Hauling
Date Issued: March 26, 2020
Bid Opening Date: April 06, 2020
At 3:0013M ET
Direct all inquiries concerning this IFB to:
Dion Elliott
Procurement Specialist
Email: [e-mail]
Phone: [phone]

l STATE OF NORTH CAROLINA
,.0 ., Department of Agriculture and Consumer Services
Refer ALL Inquiries regarding this IFB to:
Dion Elliott
Email: Lliun_c:llintt ncagr.gov
Phone; 919-707-3159
Contract Type: Agency Specific Term
Contract
Commodity No.: 962-39-Hauting Services
Invitation for Bids #10-IFB-009310
Bids will be publicly opened: April 06, 2020
Using Agency: Department of Agriculture -State Fair
Requisition No.: R02256OC3
EXECUTION
in compliance with this Invitation for Bids, and subjecat to all the conditions herein, the undersigned Vendor offers and agrees to
furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein
By executing this bid the undersigned Vendor certifies that this bid is submitted competitively and without collusion (G.S.143-54),
that none of is officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter
78A of the General Statutes the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that It is not
an ineligible Vendor as sera forth in G.S, 143-59 1. False certification is a Class I felony. Furthermore, by executing this bid, the
.undersigned certifies to the best of Vendor's knowledge and belief, that it and its principals are not presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily exc[Lded from covered transactions by any Federal or State department
or agency As required by G.S. 143-48.5, the undersigned Vendor certifies Imat it. and each of its sub -Contractors for any Contract
awarded as a result of this IF$. complies with the requ;rements of Article 2 of Chapter 64 of Me NC General Statutes, including
the requirement for each employer with more Char, 25 employees in North Carolina to verity the work authorization of its employees
through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State
Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administaring public
Contracts. or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or
rrom eny person seeking to do business with the State. By execution of this bid response to the IFS, the undersigned certifies, for
Vendors entire organization and its employees or agents, that Vendor are not avrare that any such gift has been offered, accepted.
or promised by any employees or agents of Vendor's organization.
Failure to executelsign bid prior to submittal shall render bid Invalid and it WiLL BE REJECTED. Late bids
cannot be accepted.
OF vENaaR. it bettrr Brooks '�a�i-�> +�
_ rrtt.C-b1C_t --lnC- _.
tr Box:
has' ge�i - M.
(laIdS-im) l pC Z-+252
P N- NAME & TITLE t
VENDO AUTHO ilZ
Offer valid least
FREE TEL. NO:
34-s /+
$3q -Sa99-
�' DATE: EMAIL.
i. �f/2_ z ozo l 0.m-+�- vbrw k s caY*,aC+a r -can,
date of bid opening, unless otherwise stated here: days.
ACCEPTANCE OF BIp
If any or all parts of this bid are accepted by the State of North Carolina, an authorized representative of NCDA&CS shalt affix
hisrher signature hereto and this document and all provisions of this Invitation for Bid along with the Vendor bid response and
the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance
will be forwarded to the successful Vendor's).
FOR STATE USE ONLY: Offer accepled-5-537 Contra day of ZIJ20_fL. as indicated on
the attached certiflcation, by ��
(Authorized Representative cf NCD CS).
Ver• 4122119
Page t of 27

1F8 #10-IFB-009310
Vendor. SrOOAS
Table of Contents
Cr►hc-17r
1.0 PURPOSE AND BACKGROUND.......................................................................................... 4
2.0 GENERAL INFORMATION.................................................................................................... 4
2.1 INVITATION FOR BIDS DOCUMENT............................................................ .................... 4
2.2 NOTICE TO VENDORS REGARDING IFS TERMS AND CONDITIONS ........ ................... 4
2.3 IFB SCHEDULE ....................................... ........................ ........................... .......... ....... 4
2.4 BID QUESTIONS ................................... ...................... ................. .................... ..... 5
2.5 BID SUBMITTAL .......... .......................... ...................... ...... ......... ...... ......... ..... 5
2.6 BID CONTENTS ...................................... ........................ ....... . .......... ...... ...... .6
2.7 ALTERNATE BIDS................................................................................... ........ ........ .6
2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ................................ ........ ......... .6
3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................. 7
3.1 METHOD OF AWARD............................................................................................................ 7
3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION......... 7
3.3 BID EVALUATION PROCESS..................................................................................... ...... 8
3.4 PERFORMANCE OUTSIDE THE UNITED STATES .................................................. ...... 8
3.5 INTERPRETATION OF TERMS AND PHRASES ................................... ................. ...... 9
4.0 REQUIREMENTS...................................................................................................................9
4.1 CONTRACT ADMINISTRATOR .......................... .......... I......... .................. ......... 9
4.2 CONTRACT TERM .................. ................. ....... ............ ...... ........... ....... ....... 9
4.3 PRICING ................................... ......... ........ .................... ........ 9
4.4 INVOICES ..................................................... ....... ..... ..... ........ ........ .......... ........ 9
4.5 REFERENCES.................. ............................. . _............. .................. ........10
4.6 FINANCIAL STABILITY......................................................... ....... ........................... 10
4.7 BACKGROUND CHECKS ............. ...... ............................... ....... ...... ................ 10
48 VENDOR'S REPRESENTATIONS . ................................................... ...... ................ 10
4.9 PRICE ADJUSTMENT..................................................................... ...... ................. 11
6.0 SCOPE OF WORK............................................................................................................... 11
5.1 GENERAL............................................................................................. ......... ....... 11
5.2 VENDOR REQUIREMENTS.................................................................. ....... ....... 11
5.3 VENDOR RESPONSIBILITIES..............................................
5.4 NC STATE FAIR RESPONSIBILITIES................................................................................. 12
5.5 ACCEPTANCE OF WORK............................................................................................... 12
6.0 CONTRACT ADMINISTRATION.......................................................................................... 13
6.1 PROJECT MANAGER AND CUSTOMER SERVICE ................................ ...... ......... .... 13
6.2 DISPUTE RESOLUTION.......................................................................... ...... ........ 13
6.3 CONTRACT CHANGES................................................................................... ........ .. 13
ATTACHMENT A: PRICING.................................................................................................................14
ATTACHMENT B: INSTRUCTIONS TO VENDORS............................................................................. 15
ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ................ 19
Ver 4/22n9 Page 2 of 27

IFB # 10-1FB-009310
Vendor iD r00 ks (.. pr4m o lar
ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR ............................................. 25
ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION......................................................... 26
ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION...................................................... 27
Ver: 4/22119 Page 3 of 27

IFB # 10-IFB-009310 Vendor: iooks 4iv�nrzc_hr
1.0 PURPOSE AND BACKGROUND _
The North Carolina Department of Agriculture and Consumer Services on behalf of the NC State Fair seeks to
establish an Agency Specific Term Contract with a vendor to provide containers and services to transport/haul the
horse refuse from the James B. Hunt, Jr. Horse Complex (HHC) to a facility qualified to receive it and provide
management of the waste, such as a composting facility. Refuse shall not be transported and utilized for land
application. The receiving facility shall have all permits as required by law. The Contract Administrator notifies the
Vendor in advance the number of containers that will be needed for Monday delivery. The NC State Fair personnel
loads the containers with the refuse, and it is then ready for transport by the vendor. It is estimated that 12,000
cubic yards of refuse will be removed during a one-year period. Quantities are not guaranteed and may increase or
decrease; the NC State Fair will pay for the actual number of cubic yards removed during the contract period. It is
estimated that 350-400 transports will be required per year based on a minimum 30 cubic yard container
Bids shalt be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto
2.0 GENERAL INFORMATION
2.1 INVITATION FOR BIDS DOCUMENT
The IFB is comprised of the base 1FB document, any attachments, and any addenda released before Contract award.
All attachments and addenda released for this IFB in advance of any Contract award are incorporated herein by
reference.
2.2 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS
It shall be the Vendor's responsibility to read the Instructions, the State's terms and conditions, all relevant exhibits
and attachments, and any other components made a part of this IFB and comply with all requirements and
specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes
that may be issued concerning this IFB.
If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this IFB
(including proposed alternate language), those must be submitted as questions in accordance with the instructions
in Section 2.4 BID QUESTIONS If the State determines that any changes will be made resulting from the questions
asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave
open the possibility for post -contract negotiation and amendment of specific provisions of the Contract that have been
addressed during the question and answer period_ Other than through this process, the State rejects and will not be
required to evaluate or consider any additional or modified terms and conditions submitted with Vendor's bid. This
applies to any language appearing in or attached to the document as part of the Vendor's bid that purports to vary
any terms and conditions or Vendors' instructions herein or to render the bid non -binding or subject to further
negotiation. Vendor's bid shall constitute a firm offer. By execution and delivery of a bid In response to this
IFB, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposefully
or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt
to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor's bid as nonresponsive.
Any bid that contains language that indicates the bid is non -binding or subject to further negotiation before
a contractual document may be signed shall be rejected.
2.3 IFB SCHEDULE
The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule.
Issue IFB
State
March 25, 2020
Submit Written Questions
Vendor _
March 30, 2020
Provide Responses to Questions
State
April 01, 2020 +�
Submit Bids
Vendor
April 06, 2020
Contract Award
State
TBD
Ver: 4W19 Page 4 of 27

IFB # 10-IFB-009310
2.4 BID QUESTIONS
Vendor: 00A-� 6* ra4r-
Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the
best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the
above due date.
Written questions shall be e-malled to [e-mail] by the date and time specified above. Vendors will enter
`IFB #009310 — Questions" as the subject for the email. Questions submittals will include a reference to the applicable
IFB section and be submitted in a format shown below:
VendorReference Question
IFB Section, Page Number Vendor question ..?
Questions received prior to the submission deadline date, the State's response, and any additional terms deemed
necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS),
htip;lrwww.ips 5tate.nc.us, and shall become an Addendum to this IFB. No information, instruction or advice provided
orally or informally by any State personnel, whether made in response to a question or otherwise concerning this IFB,
shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to
this IFS
2.5 BID SUBMITTAL
IMPORTANT NOTE: This is an absolute requirement. 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. It is the Vendor's sole responsibility to ensure its bid has been submitted to this
Office by the specified time and date of openinq. The date and time of submission will be marked on each bid when
received, and any bid received after the bid submission deadline will be rejected. Sealed bids, subject to the
conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing
and delivering the commodity or service as described herein.
Vendors shall deliver to the address Identified in the table below: one (1) paper copy of Its executed bid.
All bids shall be submitted in a sealed envelope. Clearly mark each package with: (1) Vendor name; (2) the IFB
number; and (3) the due date. Address the package(s) for delivery as shown in the table, above.
Bids shall be marked on the outside of the sealed envelope with the Vendor's name, IFB number and date and time
of opening. If Vendor is submitting more than one bid, each bid shall be submitted In separate sealed envelope and
marked accordingly, For delivery purposes, separate sealed bids from a single Vendor may be included in the same
outer package. Do not include bids for more than one solicitation In the same package.
Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a vendor's
bid(s).
BID NUMBER: 10-IFS-009310 BID NUMBER: 10-IFB-009310
Attn: Dion Elliott Attn: Dion Elliott
NCDA&CS Purchasing NCDA&CS Purchasing
1001 Mail Service Center 2 West Edenton Street
Raleigh, NC 27699-1001 Raleigh, NC 27601
Ver. 4122/19 Page 5 of 27

IFB #10-IFB-009310 Vendor Xro,0�4'5
Note that the U.S. Postal Service does not deliver mail to the specified office address but to the State's Mail Service
Center. Vendors are cautioned that bids sent via U.S. Mail, including Express Mail, may not be delivered by the
Mail Service Center to the agency's purchasing office on the due date in time to meet the bid deadline. All Vendors
are urged to take the possibility of delay into account when submitting a bid. Attempts to submit a bid via
facsimile (FAX) machine, telephone or e-mail, in response to this IFB shall NOT be accepted.
2.6 BID CONTENTS
Vendors shall populate all attachments of this IFB that require the Vendor to provide information and shall include an
authorized signature where requested. Vendor response to this IFB shall include each of the following items and
these items should be arranged in the following order
a) Completed and signed version of EXECUTION PAGE, along with the body of the IFB and signed receipt pages
of any addenda released in conjunction with this IFB (if required to be returned).
b) Demonstration of Vendor's Experience and References, Section 4.4 and 4.5
c) Completed version of ATTACHMENT A- PRICING FORM
d) ATTACHMENT B: INSTRUCTIONS TO VENDORS
e) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS
f) Completed version of ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR
g) Completed and signed version of ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION
h) Completed and signed version of ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION
i) Other completed sections or information the Vendor is required to provide as stated in this document.
2.7 ALTERNATE BIDS
Vendor may submit alternate bids for various methods or levels of service(s) or that propose different options, in
addition to its principal bid. Alternate bids must specifically identify the IFB requirements and advantage(s) addressed
by the alternate bid. Any alternate bid, in addition to the marking described above, must be clearly marked with the
legend: "Alternate Bid #_ for ("name of Vendor"). Each bid must be for a specific set of goods and must include
specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price
and be contained in a separate bid document. Each bid must be complete and independent of other bids offered.
2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS
a) AGENCY SPECIFIC TERM CONTRACT: A contract generally intended to cover all normal requirements for a
commodity for a specified period of time based on estimated quantities for a single entity.
b) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial bid, made in response to a request by the
issuing agency.
c) BUYER: The employee of the State or Other Eligible Entity that places an order with the Vendor.
d) CONTRACT ADMINISTRATOR: Representative of NCDA&CS who will administer the contract for the State after
award.
e) CONTRACT LEAD: Representative of the NCDA&CS identified on the first page of this IFB who will correspond
with potential Vendors concerning solicitation issues and will contract with the Vendor providing the best offer to
the State and is the individual who will administer The Contract for the State.
f) &PROCUREMENT SERVICES., The program, system, and associated Services through which the State
conducts electronic procurement.
g) FOB -DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment:
Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation
charges. A solicitation may request a Vendor to separately identify freight charges in its bid, but no amount or
charge not included as part of the total bid price will be paid.
h) IFB: Invitation for Bids.
Ver 4/22119 Page 6 of 27

IFB # 10-IFB-0093 f 0
Vendor. books 6hAac4r
i) ON -TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the
ordering entity within the delivery time required.
j) QUALIFIED BID: A responsive bid submitted by a responsible Vendor.
k) SERVICES or SERVICE DELIVERABLES: The tasks and duties undertaken by the Vendor to fulfill the
requirements and specifications of this solicitation.
1) STATE: The State of North Carolina, including any of its sub -units recognized under North Carolina law.
m) STATE AGENCY, Any of the more than 400 sub -units within the executive branch of the State, including Its
departments, boards, commissions, institutions of higher education and other institutions.
n) STATE DEPARTMENTS: Department of Administration, Department of Agriculture, Department of Commerce,
Department of Cultural an Natural Resources, Department of Environmental Quality, Department of Health and
Human Services, Department of Information Technology, Department of Insurance, Department of Justice,
Department of tabor, Department of Military and Veteran Affairs, Department of Public Instruction, Department
of Public Safety, Department of Revenue, Department of State Treasurer, Department of the Secretary of the
State, Department of Transportation, Wildlife Resources Commission, Office of Budget and Management,
Office of the Governor, Office of the Lieutenant Governor, Office of The State Auditor, Office of the State
Controller.
o) THE CONTRACT: A contract resulting from or arising out of Vendor responses to this solicitation document.
p) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, Individual or other entity
submitting a response to an Invitation for Bids. Following award of a contract, the term refers to an entity
receiving such an award.
3.0 METHOD OF AWARD AND BID EVALUATION PROCESS
3.1 METHOD OF AWARD
Contracts will be awarded in accordance with G.S. 143-52 and the evaluation criteria set out in this solicitation.
Prospective Vendors shall not be discriminated against on the basis of any prohibited grounds as defined by Federal
and State law.
All qualified bids will be evaluated, and award or awards will be made based on the qualified bid(s) offering the lowest
price that meet the requirements set out herein.
While the intent of this IFB Is to award a Contract(s) to a single Vendor for all line Items, the State reserves the right
to make separate awards to different Vendors for one or more line items, to not award any portion of the goods or
Services or to cancel this IFB in its entirety without awarding a contract, if it is considered to be most advantageous
to the State to do so.
The status of a Vendor's E-Procurement Services account(s) shall be considered a relevant factor in determining
whether to approve the award of a contract under this IFB. Any Vendor with an E-Procurement Services account
that is in arrears by 99 days or more at the time of bid opening may, at the State's discretion, be disqualified from
further evaluation or consideration.
The State reserves the right to waive any minor informality or technicality in bids received.
3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period —from the date bids are opened through the date the contract is awarded --each Vendor
submitting a bid (including its representatives, sub -contractors and/or suppliers) is prohibited from having any
communications with any person inside or outside the using agency, issuing agency, other government agency office,
or body (including the purchaser named above, department secretary, agency head, members of the general
assembly and/or governor's office), or private entity, if the communication refers or relates to the content of Vendor's
bid or qualifications, the contents of another Vendor's bid, another Vendor's qualifications or ability to perform the
Ver: 4122119 Page 7 of 27

IFS #10-IFS-009310 Vendor; &twka*Aac4r
contract, or the transmittal of any other communication of information that could be reasonably considered to have
the effect of directly or indirectly Influencing the evaluation of bids or the award of the contract. A Vendor not In
compliance with this provision shall be disqualified from contract award, unless the State makes a written
determination, in Its discretion, that the communication was harmless, that it was made without intent to influence
and that the best interest of the State would not be served by the disqualification. If a Vendor, its sub -contractor or
supplier engage in any of the foregoing communications during the time that the solicitation is open (i.e., the Issuance
date of the procurement to the date of bid opening), such conduct shall constitute sufficient cause to disqualify the
Vendor's bid. Only those discussions, communications or transmittals of information authorized or initiated by the
issuing agency for this IFB or general inquiries directed to the Contract Lead named In the IFB and regarding
requirements of the IFB (prior to bid submission) or the status of the contract award (after submission) are excepted
from this provision.
3.3 BID EVALUATION PROCESS
The State shall review all Vendor responses to this IFB to confirm that each one complies with the specifications and
requirements of the IFB.
The State will conduct an evaluation of Bids, as follows:
Bids will be received from each responsive Vendor in a sealed envelope or package.
All bids shall be received by the issuing agency not later than the date and time specified on the cover sheet of
this IF8, or as modified by a bid addendum.
At the date and time specified as the bid opening, the bids from each responding Vendor will be opened publicly
and the name of the Vendor and bid's total cost will be announced. Interested parties are cautioned that these
costs and their components are subject to further evaluation for completeness and correctness and therefore
may not be an exact indicator of a Vendor's pricing position.
At its option, the State may request clarifications, oral presentations or discussions with any or all Vendors in
order to clarify or to amplify the materials presented in any part of the bid or requested in the IFB. Vendors are
cautioned, however, that the State is not required to request presentations or other clarification —and often does
not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor.
Prices bid cannot be altered or modified as part of a clarification,
Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply
the requested goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD.
The State reserves the right to reject all original offers and request one or more of the Vendors submitting bids
within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with
the State, if the initial responses to the IFB have been evaluated and determined to be unsatisfactory.
Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the
award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that
the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous
and represented the best value to the State.
Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves
the unqualified right to reject any and all bids at any time if such rejection is deemed to be in the best Interest of
the State.
3.4 PERFORMANCE OUTSIDE THE UNITED STATES
Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any
other evaluation criteria identified in this IFB. the Stale may also consider —for purposes of evaluating proposed or
actual contract performance outside of the United States and to ensure that any award will be in the best interest of
the State —how that performance may affect or be affected by the following factors:
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IFB #10-IFB-009310 Vendor: 6"r00 AS
a) Total cost to the State
b) Level of quality provided by the Vendor
c) Process and performance capability across multiple jurisdictions
d) Protection of the State's Information and intellectual property
e) Availability of pertinent skills
f) Ability to understand the State's business requirements and internal operational culture
g) Particular risk factors such as the security of the State's information technology
h) Relations with citizens and employees
i) Contract enforcement jurisdictional issues
3.5 INTERPRETATION OF TERMS AND PHRASES
This Invitation for Bids serves two functions, (1) to advise potential Vendors of the parameters of the solution being
sought by the Department: and (2) to provide (together with other specified documents) the terms of the Contract that
results from this procurement. As such, all terms in the Invitation for Bids shall be enforceable as contract terms in
accordance with the General Contract Terms and Conditions. The use of phrases such as "shall," "must," and
"requirements" are intended to create enforceable contract conditions. In determining whether bids should be
evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or
failed to propose solutions that will satisfy the Department's needs as described in the Invitation for Bids. Except as
specifically stated In the Invitation for Bids, no one requirement shall automatically disqualify a Vendor from
consideration. However, failure to comply with any single requirement, If determined to be essential under the
circumstances then existing, may result in the Department exercising its discretion to reject a bid in its entirety.
4.0
REQUIREMENTS_
This Section lists the requirements related to this IFB. By submitting a bid, 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
IFB. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow
for the State to receive a better bid, 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 2.4.
4.1 CONTRACT ADMINISTRATOR
Ray Frost, or designee, is named the Contract Administrator.
4.2 CONTRACT TERM
The Contract shall have an initial term of one (1) year, beginning from date of contract award (the "Effective Date")
At the end of the Contract's current term, the State 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. The State will give the Vendor
written notice of its intent whether to exercise each option no later than sixty (60) days before the end of the Contract's
then -current term. In addition, the State reserves the right to extend a contract term for a period of up to 180 days in
90-day-or-less increments.
4.3 PRICING
Bid price shall constitute the total cost to the State for services indicated, including all applicable charges for shipping,
delivery, handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically
allowed for in this IFB. Complete ATTACHMENT A: PRICING FORM and include with bid. Per State of NC policy,
fuel surcharges are not allowed.
4.4 INVOICES
Vendor shall invoice the Ordering Entity. The standard format for invoicing shall be Single Invoices meaning that the
Vendor shall provide the Buyer with an invoice for each order. Invoices shall include detailed line item information to
allow Buyer to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum,
the following fields shall be included on all invoices:
Vendor's Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer's Order Number,
Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure.
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!FB # f 0-IFB-009310
4.5 REFERENCES
Vendor; Jer,01 1 eOh rail f
Vendor must provide three (3) references for clients where Services were performed in the past three (3) years. The
State (may) contact one or more of these clients to determine the Services provided were substantially similar in size
and scope to those proposed herein and the Vendor's performance was satisfactory
Information obtained may be considered in evaluation of the bids.
f'%ne_hu,rs1- J cmess M4.r e r, QZO - Ito 30
NetAj f �ar-44- �_o'�_ �3 2- 9q3
Aj-c/JGurs CoAw Aerp.s 1ni Its. 2.16 - fnS'3j
4.6 FINANCIAL STABILITY
Each Vendor shall certify it is financially stable by completing the ATTACHMENT F: CERTIFICATION OF FINANCIAL
CONDITION. The State is requiring this certification to minimize potential performance issues from Contracting with
a Vendor that is financially unstable, This Certification shall be deemed continuing, and from the date of the
Certification to the expiration of the Contract, the Vendor shalt notify the State within thirty (30) days of any occurrence
or condition that materially alters the truth of any statement made in this Certification.
4.7 BACKGROUND CHECKS
Any personnel or agent of the Vendor performing Services under any contract arising from this IFB may be required
to undergo a background check at the expense of the Vendor, if so requested by the State.
4.8 VENDOR'S REPRESENTATIONS
a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner.
"Professional manner" means that the personnel performing the Services shall possess the skill and competence
consistent with the prevailing business standards in the industry. Vendor agrees that it shall not enter any
agreement with a third party that may abridge any rights of the State under this Contract. Vendor shall serve as
the prime contractor under this Contract and shall be responsible for the performance and payment of all
subcontractor(s) that may be approved by the State. Names of any third party Vendors or subcontractors of
Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor's obligations
hereunder. Vendor shall retain executive representation for functional and technical expertise as needed in order
to incorporate any work by third party subcontractor(s).
b) 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 Services and other 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, Vendor will furnish all of its
own necessary management, supervision, labor, facilities, furniture, computer and telecommunications
equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and
Deliverables.
c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the
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IFB #10-IFB-009310 Vendor: Broo As (U 1711' t ckr
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.
4.9 PRICE ADJUSTMENT
After 12 months from the date of contract award, a price increase may be requested and shall be submitted in writing
to the Contract Lead, which shall include the reason(s) for the request and contain supporting documentation of the
need. Price increases will be negotiated and agreed to by both the State and Vendor in advance of any price Increase
going into effect. The State is not obligated to accept pricing adjustments or increases and reserves the right to accept
or reject them In part or in whole. Price de-escalation or decreases may be requested by the State at any time.
Acceptance of any price increases shall be solely at the discretion of the State.
It is understood and agreed that services will be provided at the established Contract prices in effect on dates orders
are placed Invoicing at variance with this provision will subject the Contract to cancellation.
5.0 SCOPE OF WORK_
5.1 GENERAL
The James 13, Hunt, Jr. Horse Complex (HHC) hosts many horse shows throughout the year, including the annual
North Carolina State Fair, and Horse Shows on weekdays and weekends and may include certain holidays. The
barn stalls and any temporary stalls are cleaned out by another contractor and may include, but not limited to,
bedding straw, sawdust and manure. A minimum 30 cubic yard container is left on the premise by the vendor to be
filled. The Contract Administrator contacts the Vendor to arrange the number of containers needed for removal and
an empty container is left on site. The refuse is delivered to a permitted composting faclI ty in which the refuse was
recycled into composting materials and topsoil. Approximately 10,500 cubic yards of refuse was removed last year.
5.2 VENDOR REQUIREMENTS
The Vendor shall provide one (1) container of no less than 30 cubic yards per load upon beginning the contract. An
empty one is to be delivered and left each Monday, the full containers are picked up, transported and emptied. In lieu
of a cubic yard container, a trailer or a truck meeting minimum capacity may be left on the premise. Outside top of
the receptacle cannot exceed 95 inches.
Check the box for the container and state the size container to be provided.
Type of container: X Cubic Yard ❑ Trailer 0 Truck
Size: �Lo
State the facility where the horse refuse will be transported. The facility must be permitted to accept this type of
waste. Failure to deliver to a site that meets water quality permits, and any other required permits, will be
considered default of the contract. Provide the name and address of the facility:
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(',oIds 40n, N01 Z-42SZ
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1FB #10-1FB-009310 Vendor 1rodkr h-aG1dr
5.3 VENDOR RESPONSIBILITIES
It is estimated that 12,000 cubic yards of horse refuse will be removed during the one-year contract period. The
refuse consists, but not be limited to, horse bedding straw, sawdust and manure.
The Vendor shall select the vendor facility where the containers of refuse will be delivered and emptied. It shall be a
facility that is permitted to accept the type of refuse.
The Vendor is responsible for providing containers in which refuse, will be picked up from the James B. Hunt, Jr.
Horse Complex, transports and empties the horse refuse at the facility.
The Vendor shall be at the horse complex every Monday morning, no later than 9:00 am for the fair personnel to
begin loading the refuse in the containers. There may be times when pickups will need to be made on Tuesday
instead of Monday. Pick up remains the same, no later than 9:00 am. This will be coordinated by the Contract
Administrator as needed. The Contract Administrator will contact the Vendor during these instances.
The Vendor will be contacted by the Contract Administrator, or designee, regarding the number of containers that will
be required for Monday's loading
Provide a loading ticket for signature by fair personnel for every load that leaves the property.
Weight and drop charges are the responsibility of the Vendor, If applicable.
All DOT regulations are the responsibility of the Vendor
5.4 NC STATE FAIR RESPONSIBILITIES
1 Contacts the Vendor to notify the number of containers that will need to be utilized for the Monday transport
and any other times a container may need to be transported.
2. Will coordinate with the Vendor in the event the day of the week needs to be changed from the scheduled
Monday pick up, or as agreed between both parties.
3. Responsible for loading the refuse into the container(s). The vendor does not load, only transports and
empties at the facility.
4. Fair personnel will sign off on each loading ticket prior to leaving the property
5.5 ACCEPTANCE OF WORK
In the event acceptance criteria for any Services, work or other deliverables is not described herein or in contract
documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing ten (10) calendar
days following completion of such Services, work or other deliverable described in the Contract that it is not
acceptable. The notice shall specify in reasonable detail the reason(s) It is unacceptable. Acceptance by the State
shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation,
installation or testing, as applicable of the Services, work or other deliverable. Final acceptance is expressly
conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet
any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all
rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in
North Carolina.
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1FB #10-1FB-009310
6.0 CONTRACT ADMINISTRATION
Vendor &,IgAs 6hArackr
6.1 PROJECT MANAGER AND CUSTOMER SERVICE
The Vendor shall designate and make available to the State a single point of contact for contract related issues and
issues concerning performance, progress review, scheduling and any service required.
ProjectManager �ulrcl�
Contact Number r 3
6.2 DISPUTE RESOLUTION
The parties agree that it is In their mutual interest to resolve disputes informally. A claim by the Vendor shall be
submitted in writing to the State's Contract Lead for resolution. A claim by the State shall be submitted in writing to
the Vendor's Project Manager for resolution The Parties shall negotiate in good faith and use all reasonable efforts
to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed
diligently to perform their respective duties and responsibilities under The Contract. If a dispute cannot be resolved
between the Parties within thirty (30) days after delivery of notice, either Parry may elect to exercise any other
remedies available under The Contract, or at law. This term shall not constitute an agreement by either party to
mediate or arbitrate any dispute.
6.3 CONTRACT CHANGES
Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in
Writing by the State and the Vendor
The remainder of this page is intentionally left blank
Attachments to this IFB begin on the next page.
Ver 4l22119 Page 13 of 27

1FB # 10-IFB-009310
ATTACHMENT A: PRICING
Vendor SovdAIJ ' fm -Am ehr-
All costs are to be factored and included in pricing. No additional costs will be allowed including fuel surcharges.
Quantities are our best estimates. Below is the estimate for one year. The State reserves the right to
increase or decrease as needed and will pay for actual quantities.
ITEM # QTY UOM UNIT COST TOTAL EXTENDED
COST (QTY`UNIT
(EACH CUBIC COST)
— � YARD)
3 r
12,000 CUBIC YARDS $ 5 `50 s�a�, UbO. DD
I -
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IFB #10-1FB-009310
Vendor: AWAJ CAd C r
ATTACHMENT B: 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 IFB document.
2. LATE BIDS: Late bids, 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 the timely delivery of
bids at the designated office by the designated time.
3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all bids, to waive any informality
in bids and, unless otherwise specified by the Vendor, to accept any Item in the bid. 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.
Regardless of error or omission, a Vendor shall not be permitted to increase its pricing after the deadline for
submitting bids.
4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, 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 requirements 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 any 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.
5. EXECUTION: Failure to execute page 1 of the IFB (Execution Page) in the designated space shall render bid
non -responsive, and it will be rejected.
6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any
resulting contract documents, the order of precedence shall be (high to low) (1) any special terms and conditions
specific to this IFB, including any negotiated terms; (2) requirements and specifications and administration
provisions in Sections 4, 5 and 6 of this IFB; (3) North Carolina General Contract Terms and Conditions in
ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in
ATTACHMENT B: INSTRUCTIONS TO VENDORS; (5) ATTACHMENT A: PRICING, and (6) Vendor's Bid.
7 INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the
spaces provided In this document. Further, if required elsewhere In this bid, each Vendor shall submit with its bid
any sketches, descriptive literature and/or complete specifications covering the products and Services offered.
Reference to literature submitted with a previous bid or available elsewhere will not satisfy this provision. Failure
comply with these requirements shall constitute sufficient cause to reject a bid without further consideration.
8. RECYCLING AND SOURCE REDUCTION: It is the policy of the 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 Vendor remains responsible for providing packaging that will adequately protect the commodity
and contain it for its intended use. Companies Vendors are strongly urged to bring to the attention of purchasers
those products or packaging they offer which have recycled content and that are recyclable.
9. CERTIFICATE TO TRANSACT BUSINESS IN NORTH CAROLINA: As a condition of contract award, each out -
of -State Vendor that is a corporation, limited -liability company or limited -liability partnership shall have received,
and shall maintain throughout the term of The Contract, a Certificate of Authority to Transact Business in North
Carolina from the North Carolina Secretary of State, as required by North Carolina law. A State contract requiring
only an isolated transaction completed within a period of six months, and not in the course of a number of
repeated transactions of like nature, shall not be considered as transacting business in North Carolina and shall
not require a Certificate of Authority to Transact Business.
Very 4l22119 Page 15 of 27

IFS #10-IFB-009310 Vendor: �Di40S fLt(
10. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation
in this effort. Pursuant to Executive Order 156 (1999). it is desirable that all responses meet the following:
• All copies of the bid are printed double sided.
• All submittals and copies are printed on recycled paper with a minimum post -consumer content of 30%.
• Unless absolutely necessary, all bids and copies should minimize or eliminate use of non -recyclable or non -
reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three -
ringed binders, glued materials, paper clips, and staples are acceptable.
• Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and
binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility.
11. HISTORICALLY UNDERUTILIZED BUSINESSES: The State is committed to retaining Vendors from diverse
backgrounds, and it invites and encourages participation in the procurement process by businesses owned by
minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely
disabled. In particular, the State encourages participation by Vendors certified by the State Office of Historically
Underutilized Businesses, as well as the use of HUB -certified vendors as subcontractors on State contracts
12. RECIPROCAL PREFERENCE: G.S.143-59 establishes a reciprocal preference requirement to discourage other
states from favoring their own resident Vendors by applying a percentage increase to the price of any bid from a
North Carolina resident Vendor. To the extent another state does so, North Carolina applies the same percentage
increase to the bid of a vendor resident in that state. Residency is determined by a Vendor's "Principal Place of
Business," defined as that principal place from which the overall trade or business of the Vendor is directed or
managed.
13. INELIGIBLE VENDORS: As provided in G.S. 147-86.59 and G.S. 147-86.82, the following companies are
ineligible to contract with the State of North Carolina or any political subdivision of the State: a) any company
identified as engaging in investment activities in Iran, as determined by appearing on the Final Divestment List
created by the State Treasurer pursuant to G.S. 147-86.58, and b) any company identified as engaged in a
boycott of Israel as determined by appearing on the List of restricted companies created by the State Treasurer
pursuant to G.S. 147-86.81. A contract with the State or any of its political subdivisions by any company
identified in a) or b) above shall be void ab Inklo.
14. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain
as confidential trade secrets in its bid that the Vendor does not wish disclosed. As a condition to confidential
treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as
"CONFIDENTIAL" by the Vendor, with specific trade secret Information enclosed in boxes, marked in a distinctive
color or by similar indication. Cost information shall not be deemed confidential under any circumstances.
Regardless of what a Vendor may label as a trade secret, the determination whether it is or Is not entitled to
protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a
representation by the Vendor that it has made a reasonable effort in good faith to determine that such material
Is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information
as a trade secret or as confidential so far as is possible. If a legal action is brought to require the disclosure of
any material so marked as confidential, the State will notify Vendor of such action and allow Vendor to defend
the confidential status of its information.
16. PROTEST PROCEDURES: When a Vendor wishes to protest the award of The Contract awarded by the Division
of Purchase and Contract, or awarded by an agency In an awarded amount of at least $25,000, a Vendor shall
submit a written request addressed to the State Purchasing Officer at: Division of Purchase and Contract, 1305
Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000
shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received
in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest
letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the
award made and any documentation providing support for the protesting party's claims. Note: Contract award
notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to
a solicitation. Bid status and Award notices are posted on the Internet at httos://www.igs.state.nc.uslips/. All
Ver: 4f22119 Page 16 of 27

1FB # 10-IFB-0093 10 Vendor. jr40%.s �J17Tr�CC r __
protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519.
16. MISCELLANEOUS: Any gender -specific pronouns used herein, whether masculine or feminine, shall be read
and construed as gender neutral, and the singular of any word or phrase shall be read to include the plural and
vice versa.
17. COMMUNICATIONS BY VENDORS: In submitting its bid, the Vendor agrees not to discuss or otherwise reveal
the contents of its bid to any source, government or private, outside of the using or issuing agency until after the
award of the Contract or cancellation of this IFB. All Vendors are forbidden from having any communications with
the using or issuing agency, or any other representative of the State concerning the solicitation, during the
evaluation of the bids (i.e., after the public opening of the bids and before the award of the Contract), unless the
State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the
solicitation. A Vendor shall not: (a) transmit to the Issuing and/or using agency any information commenting on
the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify
defects, errors and/or omissions in any other Vendor's bid and/or prices at any time during the procurement
process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation
or award of a Contract related to this IFS. Failure to comply with this requirement shall constitute sufficient
justification to disqualify a Vendor from a Contract award. Only those communications with the using agency or
issuing agency authorized by this IFB are permitted.
18. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS),
https 1/www.ips.state.nc.us/igs/SidNumberSearch.asox. Click on the IPS BIDS icon, click on Search for Bid, enter
the bid number, and then search. Tabulations will normally be available at this web site not later than one working
day after the bid opening. Lengthy or complex tabulations may be summarized, with other details not made
available on IPS, and requests for additional details or information concerning such tabulations cannot be
honored.
19. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic
Vendor Portal (eVP) allows Vendors to electronically register free with the State to receive electronic notification
of current procurement opportunities for goods and Services of potential interests to them available on the
Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration
and other purchasing information is available at the following website: http://ncadmin.nc.aovlabout-
doa/divisions/purchase-contract.
20. WITHDRAWAL OF PROPOSAL: Bids submitted electronically may be withdrawn at any time prior to the date
for opening bids identified on the cover page of this IFB (or such later date included in an Addendum to the iFB).
Bids that have been delivered by hand, U.S. Postal Service, courier or other delivery service may be withdrawn
only in writing and If receipt Is acknowledged by the office issuing the IFB prior to the time for opening bids
identified on the cover page of this IFB (or such later date included in an Addendum to the IFB). Written
withdrawal requests shall be submitted on the Vendor's letterhead and signed by an official of the Vendor
authorized to make such request. Any withdrawal request made after the opening of bids shall be allowed only
for good cause shown and in the sole discretion of the Division of Purchase and Contract.
21. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or Information
given at any time by anyone on behalf of the State during the competitive process or after award. The State is
bound only by information provided in writing In this IFB and in formal Addenda issued through IPS.
22. COST FOR BID PREPARATION: Any costs incurred by Vendor In preparing or submitting offers are the
Vendor's sole responsibility: the State of North Carolina will not reimburse any Vendor for any costs Incurred or
associated with the preparation of bids.
23. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its bid 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 bid,
24. INSPECTION AT VENDOR'S SITE: The State 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
Vrr. 4122119 Page 17 of 27

IFB #10-IFB-009310 Vendor. grOOA-r 4�00,hy-
necessary for the State's determination that such equipment, item, plant or other facilities conform with the
specificationstrequirements and are adequate and suitable for the proper and effective performance of the
Contract.
Ver 4n2r19 Page 18 of 27

IFS 910-IFB-009310
Vendor: 49f,49k 6"+dck _
ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS
1. PERFORMANCE AND DEFAULT:
a) It is anticipated that the tasks and duties undertaken by the Vendor shall Include services or the
manufacturing, furnishing, or development of goods and other tangible features or components as
deliverables that are directly correlated and/or ancillary to the services performed. Except as provided
immediately below, and unless otherwise mutually agreed in writing prior to award, any service
deliverables or anclIlary services provided by Vendor in performance of the contract shall remain property
of the State. During performance, Vendor may provide proprietary components as part of the service
deliverables that are identified in the solicitatlon response. Vendor grants the State a personal,
permanent, non -transferable license to use such proprietary components of the service deliverables and
other functionalities, as provided under this Agreement, Any technical and business information owned
by Vendor or its suppliers or licensors made accessible or furnished to the State shall be and remain the
property of the Vendor or such other party, respectively. Vendor agrees to perform its services under the
contract in the same or similar manner provided to comparable users. The State shall notify the Vendor
of any defects or deficiencies In performance of its services or failure of service deliverables to conform
to the standards and specifications provided in this solicitation. Vendor agrees to remedy defective
performance or any nonconforming deliverables upon timely notice provided by the State.
b) Vendor has a limited, non-exclusive license to access and use State Data provided to Vendor, but solely
for performing its obligations under this Agreement and in confidence as may be further provided herein.
Vendor or its suppliers shall at a minimum, and except as otherwise specified and agreed herein, provide
assistance to the State related to all services performed or deliverables procured hereunder during the
State's normal business hours. Vendor warrants that its support, customer service, and assistance will
be performed In accordance with generally accepted and applicable industry standards.
c) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under The
Contract, the State shall have the right to terminate The Contract by giving written notice to the Vendor
and specifying the effective date thereof. In that event, any or all finished or unfinished deliverables
under The Contract prepared by the Vendor shall, at the option of the State, become its property, and
the Vendor shall be entitled to receive just and equitable compensation for any acceptable work
completed as to which the option is exercised. Notwithstanding, Vendor shall not be relieved of liability
to the State for damages sustained by the State by virtue of any breach of The Contract, and the State
may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount
of damages due the State from such breach can be determined. The State may require at any time a
performance bond or other acceptable alternative performance guarantees from a Vendor without
expense to the State.
d) In the event of default by the Vendor, the State may procure the goods and services necessary to
complete performance hereunder from other sources and hold the Vendor responsible for any excess
cost occasioned thereby. In addition, in the event of default by the Vendor under The Contract, or upon
the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the
Vendor, the State may immediately cease doing business with the Vendor, immediately terminate The
Contract for cause, and may take action to debar the Vendor from doing future business with the State.
2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate
alteration of the goods, material, quality, workmanship or performance of the Services offered prior to acceptance.
it shall be the responsibility of the Vendor to notify the Contract Lead at once, in writing, indicating the specific
regulation which required such alterations. The State reserves the right to accept any such alterations, including
any price adjustments occasioned thereby, or to cancel the Contract.
3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the
availability of funds to the agency for the purpose set forth In The Contract.
4. TAXES: Any applicable taxes shall be invoiced as a separate item.
a) G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the
Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on
Ver. 4122119 Page 19 of 27

IFB #10-lFB-009310 Vendor: boob�',ZnhA&k
sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b)
include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State
that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the
market by media -assisted, media -facilitated, or media -solicited means. By execution of the proposal
document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate
taxes.
b) The agency(ies) participating in The Contract are exempt from Federal Taxes, such as excise and
transportation. Exemption forms submitted by the Vendor will be executed and returned by the using
agency.
c) Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless
required by the North Carolina Department of Revenue.
5. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in
accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within
which State all matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction,
interpretation and enforcement shall be determined.
6. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of a correct invoice or acceptance
of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract.
Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa,
MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same
terms and conditions as any other method of payment accepted by the Vendor. if payment is made by
procurement card, then payment may be processed Immediately by the Vendor.
7. NON-DISCRIMINATION:
a) The Vendor will take necessary actlon to comply with all Federal and State requirements concerning fair
employment and employment of people with disabilities, and concerning the treatment of all employees
without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State
law.
b) The vendor will take necessary action to ensure its internal employee policies and procedures are
consistent with Executive Order #82 (Roy Cooper, December 6, 2018), which extends workplace
protections and accommodations to pregnant employees
8. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it
is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall
be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.
9. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY. Vendor shall hold and save the State, its officers,
agents and employees, harmless from liability of any kind, including costs and expenses, resulting from
infringement of the rights of any third party in any copyrighted material, patented or patent -pending invention,
article, device or appliance delivered in connection with The Contract.
a) Vendor warrants to the best of its knowledge that:
I. Performance under The Contract does not infringe upon any intellectual property rights of any
third party; and
H. There are no actual or threatened actions arising from, or alleged under, any intellectual
property rights of any third party,
b) Should any deliverables supplied by Vendor become the subject of a claim of infringement of a patent,
copyright, trademark or a trade secret in the United States, the Vendor, shall at its option and expense,
either procure for the State the right to continue using the deliverables, or replace or modify the same
to become non -infringing, If neither of these options can reasonably betaken in Vendor's judgment, or
if further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected
deliverables and refund any sums the State has paid Vendor and make every reasonable effort to
assist the State in procuring substitute deliverables. If, in the sole opinion of the State, the cessation of
use by the State of any such deliverables due to infringement Issues makes the retention of other items
Ver 4/22119 Page 20 of 27

IFB # 10-1FB-009310
Vendor: fDD 7%llt�:
acquired from the Vendor under this Agreement Impractical, the State shall then have the option of
terminating the Agreement, or applicable portions thereof, without penalty or termination charge; and
Vendor agrees to refund any sums the State paid for unused Services or Deliverables.
c) The Vendor, at its own expense, shall defend any action brought against the State to the extent that
such action is based upon a claim that the deliverables supplied by the Vendor, their use or operation,
infringes on a patent, copyright, trademark or violates a trade secret in the United States. The Vendor
shall pay those costs and damages finally awarded or agreed in a settlement against the State in any
such action. Such defense and payment shall be conditioned on the following:
I. That the Vendor shall be notified within a reasonable time in writing by the State of any such
claim; and
li. That the Vendor shall have the sole control of the defense of any action on such claim and all
negotiations for Its settlement or compromise provided, however, that the State shall have the
option to participate in such action at its own expense.
d) Vendor will not be required to defend or indemnify the State if any claim by a third party against the
State for infringement or misappropriation results from the State's material alteration of any Vendor -
branded deliverables or services, or from the continued use of the deliverable(s) or Services after
receiving notice of infringement on a trade secret of a third party.
10. TERMINATION FOR CONVENIENCE; If this contract contemplates deliveries or performance over a period of
time, the State may terminate this contract at any time by providing 60 days' notice In writing from the State to
the Vendor. In that event, any or all finlshed or unfinished deliverables prepared by the Vendor under this contract
shall, at the option of the State, become its property If the contract is terminated by the State as provided in this
section, the State shall pay for those items for which such option is exercised, less any payment or compensation
previously made.
11. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the State of North
Carolina as part of any commercial advertising or marketing of products or Services. A Vendor may inquire
whether the State is willing to act as a reference by providing factual Information directly to other prospective
customers.
12. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using
agency's internal auditors shall have access to persons and records related to The Contract to verify accounts
and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9).
13. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder
shall be permitted.
However, upon written request approved by the issuing purchasing authority and solely as a convenience to the
Vendor, the State may:
a) Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and
b) include any person or entity designated by Vendor as a joint payee on the Vendor's payment check.
In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor
shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may,
in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate
reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported
assignment made in violation of this provision shall be void and a materlal breach of The Contract.
14. INSURANCE:
COVERAGE - During the term of the Contract, the Vendor 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. As a
minimum, the Vendor shall provide and maintain the following coverage and limits:
a) Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation Insurance, as
required by the laws of North Carolina, as well as employees liability coverage with minimum limits of
$500,000.00, covering all of Vendor's employees who are engaged in any work under the Contract in North
Carolina. If any work is sub -contracted, the Vendor shall require the sub -Contractor to provide the same coverage
for any of his employees engaged in any work under the Contract within the State.
Ver: 4122/19 Page 21 of 27

IFB # 10-1FB-009310 Vendor: 8r,90AJ
b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. Defense cost shall be in
excess of the limit of liability.
c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and
non -owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single
limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and
$2,500.00 medical payment.
REQUIREMENTS - Providing and maintaining adequate Insurance coverage is a material obligation of the
Vendor and is of the essence of The Contract. All such Insurance shall meet all laws of the State 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 Vendor 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 The Contract. The limits of
coverage under each insurance policy maintained by the Vendor shall not be Interpreted as limiting the Vendor's
liability and obligations under the Contract.
15. GENERAL INDEMNITY: The Vendor shall hold and save the State, 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
The 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 Vendor In the performance of The Contract and that are attributable to
the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30
days from the date that the State has knowledge of such claims. The Vendor represents and warrants that it shall
make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of
Vendor deliverables or Services to the State. The representation and warranty in the preceding sentence shall
survive the termination or expiration of The Contract.
16. ELECTRONIC PROCUREMENT:
a) Purchasing shall be conducted through the Statewide E-Procurement Service. The State's third -party agent
shall serve as the Supplier Manager for this E-Procurement Service. The Vendor shall register for the Statewide
E-Procurement Service within two (2) business days of notification of award in order to receive an electronic
purchase order resulting from award of this contract.
b) The Supplier Manager will capture the order from the State approved user, including the shipping and payment
information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier
Manager will send those orders to the appropriate Vendor on State Contract. The State or State -approved user,
not the Supplier Manager, shall be responsible for the solicitation, proposals received, evaluation of proposals
received, award of contract, and the payment for goods delivered.
c) Vendor shall at all times maintain the confidentiality of its user name and password for the Statewide E-
Procurement Services. If Vendor is a corporation, partnership or other legal entity, then the Vendor may authorize
its employees to use its password. Vendor shall be responsible for all activity and all charges by such employees.
Vendor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If
there is a breach of security through the Vendor's account, Vendor shall immediately change its password and
notify the Supplier Manager of the security breach by email. Vendor shall cooperate with the State and the
Supplier Manager to mitigate and correct any security breach.
17. SUBCONTRACTING: Performance under The Contract by the Vendor shall not be subcontracted without prior
written approval of the State's assigned Contract Lead. Unless otherwise agreed in writing, acceptance of a
Vendor's proposal shall include approval to use the subcontractor(s) that have been specified therein.
18. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or
prepared or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only
for the purpose(s) required to perform The Contract and not divulged or made available to any individual or
organization without the prior written approval of the State.
Ver: 4122119 Page 22 of 27

!FR #4n-1FR-nno3in Vendor: &OAS LIA+Iw
19. CARE OF STATE DATA AND PROPERTY: The Vendor agrees that It shall be responsible for the proper
custody and care of any data owned and furnished to the Vendor by the State (State Data), or other State property
in the hands of the Vendor, for use in connection with the performance of The Contract or purchased by or for
the State for The Contract. Vendor will reimburse the State for loss or damage of such property while In Vendor's
custody.
The State's Data in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage,
destruction by a natural event or other eventuality. Such State Data shall be returned to the State in a form
acceptable to the State upon the termination or expiration of this Agreement. The Vendor shall notify the State of
any security breaches within 24 hours as required by G.S. 14313-1379. See G.S. 75-60 et seq.
20. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North
Carolina or any of its agencies shall disclose to inbound callers the location from which the call or contact center
services are being provided.
If, after award of a contract, the contractor wishes to relocate or outsource any portion of performance to a location
outside the United States, or to contract with a subcontractor for any such performance, which subcontractor and
nature of the work has not previously been disclosed to the State in writing, prior written approval must be
obtained from the State agency responsible for the contract.
Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor,
subcontractors of the Vendor, or other persons providing performance under a State contract to a location outside
of the United States.
21. COMPLIANCE WITH LAWS: Vendor 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
The Contract, including those of federal, state, and local agencies having jurisdiction andfor authority.
22. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the
entire agreement between the parties and supersede all prior oral or written statements or agreements. This
RFP, any addenda hereto, and the Vendor's proposal are incorporated herein by reference as though set forth
verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties
contained herein shall survive the contract expiration or termination date unless specifically provided otherwise
herein, or unless superseded by applicable Federal or State statutes of limitation.
23. ELECTRONIC RECORDS: The State will digitize all Vendor responses to this solicitation, if not received
electronically, as well as any awarded contract together with associated procurement -related documents. These
electronic copies shall constitute a preservation record and shall serve as the official record of this procurement
with the same force and effect as the original written documents comprising such record. Any electronic copy,
printout or other output readable by sight shown to reflect such record accurately shall constitute an "original."
24. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the State and
the Vendor.
25. NO WAIVER: Notwithstanding any other language or provision in The Contract, nothing herein is intended
nor shall be interpreted as a waiver of any right or remedy otherwise available to the State under applicable
law. The waiver by the State of any right or remedy on any one occasion or instance shall not constitute or be
interpreted as a waiver of that or any other right or remedy on any other occasion or instance.
26. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as
It is prevented from performing such obligations as a result of events beyond its reasonable control, including
Without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or
failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
27. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is
Ver. 4122119 Page 23 of 27

IFB #10-IFB-009310
Vendor:91—A�kim
intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity
or other State or federal constitutional provision or principle that otherwise would be available to the State under
applicable law.
Ver. 4122119 Page 24 of 27

IFS 910-lFB-009310
Vendor: l/4
rt'oA.S 7 A6hy_
ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR
In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will
occur. as well as the manner in which it intends to utilize resources or workers outside of the United States in the
performance of The Contract. The State will evaluate the additional risks, costs, and other factors associated with
such utilization prior to making an award. Vendor shall complete items a) and b) below.
a) Will any work under this Contract be performed outside the United States? ❑ YES Ov 0
If the Vendor answered "YES" above, Vendor shall complete Items 1 and 2 below:
1 List the location(s) outside the United States where work under The Contract will be performed by the
Vendor any sub -Contractors, employees, or other persons performing work under the Contract;
2 Describe the corporate structure and location of corporate employees and activities of the Vendor, its
affiliates or any other sub -Contractors that will perform work outside the U.S.
b) Vendor shall Identify all U.S. locations at which performance will occur.
�raoks aS " - e Ali f , IN5 I , [ '�o VS &I RUC 292s
P
Vendor shall provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor,
sub -Contractors of the Vendor, or other persons performing Services under the Contract to a location
outside of the United States.
NOTE: All Vendor or sub -Contractor personnel providing call or contact center Services to the State of North
Carolina under the Contract shall disclose to Inbound callers the location from which the call or contact center
Services are being provided.
Ver 4122119 Page 25 of 27

IFB #io-Ir B-oas3io
Vendor. 900AJ
ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION
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 categories. Also Included in this category are disabled
business enterprises and non-profit work centers for the blind and severely disabled.
Pursuant to G.S. 14313-1361(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 IFB. Any questions concerning NC HUB certification, contact the North Carolina Office of
Historically Underutilized Businesses at [phone]. The Vendor shall respond to question #1 and #2 below.
a) Is Vendor a Historically Underutilized Business? 4-Yes ❑ No
b) Is Vendor Certified with North Carolina as a Historically Underutilized Business? Yes ❑ No
If so, state HUB classification: W fin" own eA
Ver. 4/22119 Page 26 of 27

IFB #10-IFB-009310
Vendor 9!`DdJ�S ��
ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION
Name of Vendor:
The undersigned hereby certifies that: [check all applicable boxes]
j 1G� . ' dJ 30"
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:
(If no audit within past 18 months, explain reason below)
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 on all amounts due for payments of federal and state taxes and required employment -
related contributions and withholdings.
VThe Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law.
0% The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings
of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements
of The Contract.
Q--' He or she is authorized to make the foregoing statements on behalf of the Vendor.
Note: This shall constitute 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(s) in the space
below:
p r i dqk i�GL m J� n Ce.P 6 C 5 icQp
QC�t
a
Signature
�aa
Date
�U. cZ 00 4� 5 --Pr-e,5
Printed Name Title
[This Certification must be signed by an individual authorized to bind the Vendor]
Ver. 4122119 Page 27 of 27

North Carolina
Department of Administration
Office for Historically Underutilized Businesses
October 10, 2019
Judy Brooks
BROOKS CONTRACTOR (Woman Owned)
1195 Beal Rd
Goldston, NC 27252
Dear Judy Brooks:
Machelle Sanders
secmmry
Tammle HaII
Duerr
The Office for Historically Underutilized Businesses (HUB Office) is pleased to inform you that your company is
now certified as a Historically Underutilized Business. Your firm is listed in the Statewide Uniform Certification
(SWUC) Program database. This certification will remain in effect for four (4) years from the date of this letter.
You must notify the HUB Office in writing within 30 days of any changes affecting your compliance with SWUC
Program eligibility requirements, including changes in ownership, day-to-day management and operational control.
Failure to notify the HUB Office of these changes or reapply for certification in a timely manner may cause your
HUB Certification to be revoked. In addition, please be advised your status may be changed if there is a 3rd party
challenge granted against your firm. The link to the HUB Office 3rd party challenge form can be located at
http://www.doa.nc.gov/hub/documentsn'hirdpartyEligibilityChallengerevO8O8l I.pdf. All information submitted to
the Office for Historically Underutilized Business is subject to audit and review.
The HUB Office collaborates with local Minority/Women/Small Business (M/W/SBE)Offices who offer assistance
to certified HUB firms with identifying contract opportunities with state and local government. Many of these
offices also offer assistance with business development. PIease visit our website at
http://www.dos.nc.gov/hub/programs.aspx?pidwswuc to locate the local office near you. Another great resource is
the Small Business and Technology Development Center at www.sbtdc.org for free personalized business assistance
and counseling.
It is important to note that although your status as a certified HUB firm greatly improves your access to state and
local government contracts, this certification does not guarantee contract awards. Your ability to research
opportunities and bid competitively will be important to your success in this program. We are committed to
assisting you through the process with the completion of the Preliminary Business Development and Supportive
Services Assessment Survey, located on the HUB Office website under the Certification Tab. The information will
provide an overview of your company which will assist us in appropriately aligning contract opportunities that you
are ready, willing and able to persue.
Thank you for your interest and participation in the SWUC Program as a Historically Underutilized Business firm
with the State of North Carolina.
Sincerely,
Tammie Hal!
Tammie Hall
Director
State of North Carolina I Office for Rstorically Underutiltzed Bustnesses
116 West Janes Street, Suate 410911336 Mall Service Center I Ralefgh, NC 27699-I336
[phone] T