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Request for Proposal An Inventory Control System Just Seeds Unlimited Co. 4105 Stuart Andrew Blvd Unit #3 Charlotte, NC 28217 704. 222. 2222 Distribution List (TBD) Linnea L. Williams lwilliams. [email protected] com PM598 – May 2011 TABLE OF CONTENTS 1. INSTRUCTIONS TO BIDDERS5 1. 1. General Description of Work5 1. 2. What Must Be Included with Bid5 1. 3. Schedule of Bid Period Activities6 1. 4. Location of Work6 1. 5. Pre-Bid Meeting7 1. 6. Owner Contact for Questions7 1. 7. Pre-Award Surveys8 1. 8. Sealed Bid Requirements8 1. 9. Basis for Bid Evaluation9 1. 10. Ethical Standards10 . 11. Responsibility for Surety Bonds10 1. 12. Proposal Format10 1. 13. List of Bidders12 1. 14. Letter of Acknowledgment13 2. DESCRIPTION OF WORK13 3. PROPOSAL15 3. 1. Breakdown of Bid Price15 3. 2. Revisions and Extra Work15 3. 3. Scheduled Completion Dates16 3. 4. List of Subcontractors16 3. 6. Key Supplier or Contractor Personnel17 3. 7. List of Bid Document Addenda Reviewed by Bidder17 3. 8. Notice of Conflicts or Errors in Bid Documents17 3. 9. Bidder Signature17 4. SPECIFICATIONS AND DRAWINGS18 5. GENERAL CONDITIONS AND CONTRACT AGREEMENTS18 Appendix B21 Supplier/Bidder List21 . INSTRUCTIONS TO BIDDERS The following section entails information that Just Seeds Unlimited Co. requires of bidders when preparing the response bid proposal: 1. 1. General Description of Work Provide Just Seeds Unlimited Co. with a fully designed solution for an inventory management system. The system will include a sufficient inventory tracking system which is easy to learn and easy to train others. The procurement will be for the design stage only—implementation may or may not be handled under a separate contract at a later date. 1. 2. What Must Be Included with Bid Letter of Transmittal * Table of Contents * Executive Summary * List five companies that your firm has designed/implemented an inventory management system for that best reflect your work and relevancy to this project. Briefly list the role your firm played in each project. * Provide current reference information for three former or current clients. * Briefly describe your firm’s organizational capacity to produce our inventory management system (e. g. staff, equipment, software, physical space, office location, etc. ). * How many full-time staff does your firm employ?

Please include a copy of your firm’s organizational chart. * Provide a company profile, length of time in business and core competencies. * Briefly describe the percentage of your staff that would end of working on this project relative to your entire staff (using full time equivalents). For example, if you would use five staff on the project and you have ten designers, the percentage would be 50%. * What type of team will be assigned to this project? What will each person’s role be? Please include a brief background summary for each key staff member assigned to this project. Briefly describe your firm’s project management process. * Explain your business model. * Please discuss any hardware/software vendor partnerships. * Please discuss your testing and support plan. * Time frame for completion. The time frame for completion of the project will be evaluated. In addition, time frames will be part of the contractual agreement; therefore, a realistic time frame for completion is requested. * Process to include input from all program areas. Please state how you intend to communicate with all program areas to gather all of the required information. Terms and conditions. 1. 3. Schedule of Bid Period Activities Just Seeds Unlimited Co. intends to procure the updated inventory management system in accordance with the following schedule. However, Just Seeds Unlimited reserves the right to add, drop, or reschedule procurement. Event | Time | Date| Release RFP to Vendors| 12:00pm| 5/13/2011| RFP Questions Due (to RFP Coordinator) | 3:00pm| 5/27/2011| Answers to RFP Questions Released | 3:00pm| 6/3/2011| Proposals Due | 3:00pm| 6/17/2011| Proposal Evaluations Complete | 4:00pm| 7/1/2011| Vendor Short List Released | 4:00pm| 7/8/2011|

Vendor Demonstrations Complete | 4:00pm| 7/29/2011| Vendor Reference Checks Complete | 3:00pm| 8/5/2011| Site Visits Complete | 5:00pm| 8/12/2011| Announce Apparently Successful Vendor | 3:00pm| 8/17/2011| Contract Negotiations Complete | 3:00pm| 9/16/2011| Contract Approval Complete | 3:00pm| 10/14/2011| Signed Contract Delivered to Vendor | 3:00pm| 10/26/2011| Work Begins | 8:00am| 10/31/2011| 1. 4. Location of Work The project site is located in Southwest Charlotte, NC, minutes away from the Charlotte/Douglas International Airport. The site is within close proximity to the highway, interstate-77.

The facility and the project site are the same location. The site’s size is a 1,537 square feet, a high quality office/flex/warehouse property, which has grade level drive-in doors with common loading dock. 4105 Stuart Andrew Blvd Unit #3 Charlotte, NC 28217 1. 5. Pre-Bid Meeting It is understood that bidders may want to visit the site to obtain information necessary to complete their bid proposal process. Site visits will be conducted on August 12, 2011 at 9:00 a. m. EST at the Just Seeds Unlimited Co. facility/warehouse, located at: 4105 Stuart Andrew Blvd Unit #3

Charlotte, NC 28217 The site visit will begin promptly at 9:00 a. m. EST. Attendees are strongly encouraged to arrive no later than 8:30 AM EST to allow sufficient time for visitor sign-in and badging. Parking at no cost is available at the location. Please note: Late arrivals will not be allowed to participate in the activities of the site visit. The Agenda will consist of the Just Seeds Unlimited Team: * briefing on Just Seeds Unlimited mission, vision, and background * purpose of project * visitor inspection of the facility, * lunch (provided by Just Seeds Unlimited) A final facility inspection and a question and answer session. Interested offerors planning to attend the site visit must email the following information to Janet Misc no later than 12:00 p. m. on Friday, July 15, 2011: * Attendee’s full name * job title * company name Travel and/or lodging costs associated with a potential offerors travel to Charlotte, NC for the site visit will be the sole responsibility of the offeror. Just Seeds Unlimited is not responsible for and will NOT cover any costs related to a potential offerors travel and/or lodging for the site visit.

Please submit any questions or inquiries related to this Notice or the Site Visit/Pre-Bid Meeting via e-mail ONLY to Janet Misc at janetmisc. [email protected] com. 1. 6. Owner Contact for Questions Questions regarding requirements, questions asked, and the attached Application Design Document should be directed to the RFP Coordinator listed below. The vendor should rely only on written statements issued by the RFP Coordinator. Name: Janet Misc, RFP Coordinator Address: 4105 Stuart Andrew Blvd, Unit #3 Telephone: 704-222-2222 Fax: 704-333-3333 E-mail: janetmisc. [email protected] com . 7. Pre-Award Surveys Pre-Award surveys will be based on: * Quality Assurance * Financial Capability * Technical Capability These surveys will be performed after the RFP is issued to the bidders and prior to award. Detailed presentations from bidders regarding the technical and management approaches that they will take on a contract are preferred but not required. The surveys will be conducted at the bidder’s facility since the adequacy of a bidder’s facility is part of the survey. The timing of a pre-award survey will be established on an individual bidder basis. 1. 8.

Sealed Bid Requirements All bids must be sealed and must be addressed to Just Seeds Unlimited: 4105 Stuart Andrew Blvd Unit #3 Charlotte, NC 28217 1. BID ENVELOPES MUST BE CLEARLY MARKED ‘SEALED BID’ AND PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER. a. All bidders are hereby notified that sealed bids must be in the office Just Seeds Unlimited by the time of the bid opening. Bids not in possession of Just Seeds Unlimited at the time of the bid opening will not be considered, and returned to the vendor. b. All bids will be publicly opened. Any interested party may attend bid openings.

At the sole discretion of Just Seeds Unlimited the information disclosed may be limited to the names and addresses of the bidders. Bid results may be requested in writing and are available once an award has been made. 2. DELIVERY METHODS: a. U. S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to insure receipt by the Purchasing and Contract Administration Division prior to the time of the bid opening. b. EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the RFP designation is clearly shown on the outside of the delivery envelope or box. . HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Division prior to the bid opening. d. ELECTRONIC: Electronic bids will not be accepted. 1. 9. Basis for Bid Evaluation Proposals will be evaluated by the management staff of Just Seeds Unlimited. The following will serve as the basic criteria for the selection of the consultant eventually chosen. a. The qualifications/previous experience of the Company b. Key personnel that will be assigned to the District’s project, and their experience with similar projects c.

Applicable resources offering quality assurances/quality control procedures; as well as adequacy of team/resources to complete the project within the proposed timeframe. d. The scope of services offered and the extent to which they meet or exceed the requirements of the project. e. Understanding of the work required of the Company as evidenced by its Proposal. f. Project approach including project schedule and detailed approach to complete this project, familiarity with this project, identification of unique issues related to project, and the process proposed for communications with District staff, School Board Members, and the public. . Cost 1. 10. Ethical Standards It is expected that once a contract is issued, bidders not receiving an award will not undertake any actions that might interfere with, or be detrimental to, the contractual obligations of Just Seeds Unlimited. Just Seeds Unlimited reserves the right to take any and all actions deemed appropriate in response to unethical conduct by a bidder. Such actions include, but are not limited to, removal of a vendor from Just Seeds Unlimited’s bidders list(s).

Apart from the contact required for any on-going business with Just Seeds Unlimited, bidders are specifically prohibited from contacting any individual at, or associated with Just Seeds Unlimited regarding this RFP. Bidder communication shall be limited to the RFP Coordinator, contact named in Section 1. 6 of this document. A bidder’s failure to adhere to this prohibition may, at the University’s sole discretion, disqualify the vendor’s Quotation and/or Proposal. 1. 11. Responsibility for Surety Bonds

At the time of the execution of the agreement, the successful proposer shall furnish Just Seeds Unlimited with surety bonds, which have been fully executed by the proposer, guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the vendor’s performance of the work. The surety and the form of the bonds shall be acceptable to Just Seeds Unlimited. Unless otherwise specified, the surety bonds shall be in the sum equal to the full amount of the agreement. 1. 12. Proposal Format Proposals must be concise, legible, and in outline format.

Pertinent supplemental information should be referenced and included as in the appendix. All Proposals must be organized and tabbed to allow for easy reference. | 1. Title Page| | No more than one page| 2. Table of Contents| | No more than one page| 3. Letter of Transmittal| Introduction to the Company and includes an expression of the Company’s ability and desire to meet the requirements of the RFP. The letter must be signed by an authorized individual able to bind the Company to all items in the Proposal including products, services, prices, etc. contained in the Proposal. No more than 3 pages| 4. Executive Summary| Briefly describes the Company’s approach to meeting Just Seeds’ requirements as outlined in the RFP, indicates any major requirements than cannot be met, and highlights the major features of the Proposal | No more than one page| 5. Company Profile| * How many full-time staff does your firm employ? Please include a copy of your firm’s organizational chart. * Provide a company profile, length of time in business and core competencies. * Briefly describe your firm’s project management process. * Explain your business model. No more than 4 pages| 6. Organization and Qualifications| * Provide proof that the Company has at least five or more years of successful experience in providing inventory management systems services. * Provide reference information for at least three current or former clients * Through brief narrative discussion, show reason why the Company believes it is especially qualified to undertake this project. * Discuss any unique qualifications that the Company possesses which would be of benefit to Just Seeds Unlimited in the execution of this project. | No more than 5 pages| 7.

Proposed Program Staffing| * Identify the key personnel you would assign to the project for each phase of work, including their roles. Include at least the overall Contract Managers, Program Manager(s), and Project Managers. Describe for each his or her experience with inventory management systems projects, including identifying those projects for the past 5 years. * Identify the person who will be the on-site PM, and provide references, experience and credentials for the past 3-5 years. | Page 3 | 8. Subcontractors/External Consultants| List additional personnel that will be used for the completion of the project. No more than 2 pages | 9. Fee Proposal| * A specific fee structure for the project. Proposals may be on a fixed fee basis, or an hourly basis with a guaranteed maximum cost. * If proposed on an hourly rate basis, rates must be fixed and not subject to change throughout the contract period. * The Company should specify in its Proposal the costs for staffing, general conditions, insurance and professional fees. * The Company should specifically define in its Proposal any reimbursable expenses for which Just Seeds Unlimited may be responsible. * The Company shall provide the terms and conditions of the firm’s request for payment. No more than 5 pages | 10. Time Frame for Completion | | No more than one page | 11. Terms and Conditions | | No more than 4 pages | 1. 13. List of Bidders Inventory Management Solutions| Asset System Inc. | Datex| eTeklogics| ***Note: A place is provided in Appendix B for a detailed list of bidders. 1. 14. Letter of Acknowledgment Sir/Madam, 1. You are requested to submit a proposal for the Inventory Management System Services of Just Seeds Unlimited 2. All proposals are subject to the Instructions to Bidders and such other provisions, specifications and instructions as are attached or incorporated in this RFP 3.

If you intend to submit a bid proposal, is it required that all bidders submit an Acknowledgement Letter (Appendix A) to the RFP Coordinator, no later than May 27, 2011 at 3pm. Name: Janet Misc, RFP Coordinator Address: 4105 Stuart Andrew Blvd Unit #3 Charlotte, NC 28217 Telephone: 704-222-2222 Fax: 704-333-3333 E-mail: janetmisc. [email protected] com 4. All Bid Proposals will be due June 17, 2011 at 3pm. Yours sincerely, Just Seeds Unlimited Procurement. [email protected] com 2. DESCRIPTION OF WORK The successful respondent to the RFP will design a updated inventory management system for all inventory for Just Seeds Unlimited.

Just Seeds Unlimited currently provides a large variety of seeds over 300,000 customers throughout the United States. All of these customers receive products from Just Seeds Unlimited via mail, phone, and online purchasing. In high season, * supply outages have been frequent, and * customer complaints over delays have been increasing 1. The design of the new inventory tracking system should prevent/greatly decrease the issues stated above. 2. Building Scope * size is a 1,537 square feet, * high quality office/flex/warehouse property, * grade level drive-in doors with common loading dock. . Most good, well-run seed companies will generate at least the following reports for both certified seed and foundation seed: * Harvest Report Records the bulk seed received from growers; lot numbers are assigned as the seed is harvested and put in bulk bags. * Quality Testing Report Keeps track of seed that passes/does not pass quality control tests. * Bagging Report Records how bulk seed is bagged for sale; obviously, any seed that does not pass quality tests cannot be bagged for sale. Lot numbers must continue to stay with seed; this is critical for tracking purposes. Inventory Tracker Records seed that is pulled from the warehouse for distribution; can also be expanded to track returned seed. * Obsolescence Tracker Tracks seed that does not pass quality tests and cannot be sold or seed that belongs to a product that is no longer part of the company’s product line. This should also be tracked by lot number. * Physical Count Manual count of what is in the inventory at a certain date. This need to be compared with what the company thinks should be in the inventory to uncover discrepancies. * Carryover Report This is a physicalcount of what is carried over in storage from season to season. . The design of the inventory management system shall in some form incorporate the forms above. 5. Support automatic assignment of purchase order numbers. 6. Allow tracking of due dates specified by PO or line item. 7. Provide ab. ility to communicate receiving problems to purchasing and/or accounts payable. Print daily receipts report showing items, quantities, vendors, and totals. 8. Provide inventory control functions for stock and non-stock items. 9. Maintain current inventory quantities in real time when items are issued, returned, received or transferred. 10.

Support on-line inquiry into item status of quantities on hand and on order. 11. Print stock usage report of past 12 months and YTD showing quantities and dollar volume by item and department. 12. Track and report trends for item usage. 13. Track item shelf life based on purchase or expiration date and print item obsolescence report. 14. Automatically alert purchasing or A/P operator of a price protected item. (e. g. message on screen and/or prompt the operator doing a price change). 15. Produce bar code labels for inventory. 16. Provide activity statistics including number of lines purchased by buyer. 17.

Provide on-site training to users. 18. Provide access to system maintained data element definitions within report writer software. 19. Provide ability to down load data into popular PC spreadsheet, database and word processing file formats. 20. Support interface to bar code readers. 21. Provide ability for system administrator (or other authorized user) to modify screen layouts and flow with minimal programming effort. 22. Supply all computer program source code on media (e. g. tape, CD) to user. 23. Provide future software releases and updates to all applications as part of regular software maintenance fees.

The vendor shall maintain an accurate, bar-coded and computer-based inventory tracking system. The computerized system must be web enabled, with adequate security. At a minimum, this system must identify each stored seed package, cost, description, and status. Essential data fields include: item number, bar code, size, location, cost, major description, minor description, status. The inventory tracking process shall include appropriate logs and receipts for pick-up and delivery of the individual orders for verification and audit purposes. The inventory status must be updated within 3 hours of activity. . PROPOSAL 3. 1. Breakdown of Bid Price The Bidders shall furnish a price breakdown, itemized as required and within the time specified by Just Seeds Unlimited with any proposal for a contract modification. The price breakdown: A. Must include sufficient detail to permit an analysis of profit, and of all costs for: i. Material ii. Labor iii. Equipment; iv. Subcontracts B. Must cover all work involved in the modification, whether the work was deleted, added, or changed. C. The Bidder shall provide similar price breakdowns to support any amounts claimed for subcontracts.

D. The Contractor’s proposal shall include a justification for any time extension proposed. 3. 2. Revisions and Extra Work If major change is necessary and the time necessary to prepare, submit and obtain approval of a change order will delay the orderly progress of work, specify the extra work to be completed, the reason for the change, and the total estimated cost of performing the work. Extra work will be handled on a reimbursable basis, please include the cost limits for the reimbursable work. 3. 3. Scheduled Completion Dates

Announce Apparently Successful Vendor | 3:00pm| 8/17/2011| Contract Negotiations Complete | 3:00pm| 9/16/2011| Contract Approval Complete | 3:00pm| 10/14/2011| Signed Contract Delivered to Vendor | 3:00pm| 10/26/2011| . The start date for this project is October 31, 2011. Tentative completion dates are required in the bidder’s proposal. However, the determined project duration has been set to six months. 3. 4. List of Subcontractors The following format may be used as a guide for meeting this portion of the criteria. SUBCONTRACTOR #1 Name & Address Specialty/Role with this Project:

Worked with Lead Firm Before: Yes or No Year Firm Established: Years of Experience providing compensation & benefit studies for school districts. SUBCONTRACTOR #2 Name & Address Specialty/Role with this Project: Worked with Lead Firm Before: Yes or No Year Firm Established: Years of Experience providing compensation & benefit studies for school districts. 3. 6. Key Supplier or Contractor Personnel Instructions: This format should be used for each of the Key Personnel identified: RFP Title: RFP Solicitation No. : Name of Key Personnel: Name of Project Owner of Project Value of Project Role in Project

Status of Project Availability based on % of time per month Month 1 ________ Month 2 ________ Month 3 ________ Month 4 ________ Month 5 ________ Month 6 ________ 3. 7. List of Bid Document Addenda Reviewed by Bidder Just Seeds Unlimited may modify the RFP prior to the date fixed for submission by posting, mailing, emailing or faxing an addendum to the bidders known to be interested in submitting a proposal. If any bidder determines that an addendum unnecessarily restricts its ability to bid, it must notify Just Seeds Unlimited in writing no later than 5 days before the deadline for submitting proposals.

If there is any bid document addenda issued after the RFP is issued, it is required that all bidders list the addenda that they have reviewed. This procedure assures that all bidders have reviewed the necessary documents. 3. 8. Notice of Conflicts or Errors in Bid Documents If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the bidder should immediately provide Just Seeds Unlimited with written notice of the problem and request that the RFP be clarified or modified.

Without disclosing the source of the request, Just Seeds Unlimited may modify the document prior to the date fixed for submission of proposals by issuing an addendum to all potential bidders to whom the RFP was sent. If prior to the date fixed for submissions, a bidder knows of or should have known of an error in the RFP but fails to notify the State Bar of the error, the bidder shall bid at its own risk, and if, awarded the contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.. 3. 9. Bidder Signature

The bidder signature shall be included with the Letter of Transmittal. The letter must be signed by an authorized individual able to bind the Company to all items in the Proposal including products, services, prices, etc. contained in the Proposal. 4. SPECIFICATIONS AND DRAWINGS Just Seeds Unlimited will provide to the Bidders, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Bidders. The Bidder shall: 1. Check all drawings furnished immediately upon receipt; 2.

Compare all drawings and verify the figures before laying out the work; 3. Promptly notify Just Seeds Unlimited of any discrepancies; 4. Be responsible for any errors that might have been avoided by complying with this paragraph 5. Reproduce and print contract drawings and specifications as needed. 5. GENERAL CONDITIONS AND CONTRACT AGREEMENTS 1. Just Seeds Unlimited Company will receive sealed Proposals from qualified individuals or firms to provide Inventory Management System 2. The Company must submit a complete Proposal covering all requirements identified in this RFP package in order to be considered.

All Proposals will be carefully scrutinized to ensure that such requirements can be met. Proposals submitted must be the original work product of the Company. 3. The Company must submit two (5) original copies of the Proposal in sealed envelopes plainly marked with the name “Inventory Management System Services Proposal. ” Proposals should be delivered to: Name: Janet Misc, RFP Coordinator Address: 4105 Stuart Andrew Blvd Unit #3 Charlotte, NC 28217 Telephone: 704-222-2222 Fax: 704-333-3333 E-mail: janetmisc. [email protected] com Proposals will be received until 3:00 p. . , EST June 17, 2011. Just Seeds Unlimited is not responsible for lateness or non-delivery by the US Postal Service or other carrier to Just Seeds Unlimited. The time and date recorded by the District shall be the official time of receipt. Proposals may be modified or withdrawn by written notice or in person by the Company or its authorized representative, provided its identity is disclosed on the envelope containing the Proposal and such person signs a receipt for the Proposal, but only if the withdrawal is made prior to the submission deadline.

The information presented in the RFP is not to be construed as a commitment of any kind on the part of the District. There is no expressed or implied obligation for the District to reimburse responding firms for any expenses incurred in preparing Proposals in response to this request. Any explanation or statement that the Company wishes to make must be contained with the Proposal but shall be written separately and independently of the Proposal proper and attached thereto. Unless the Company so indicates, it is understood that the Company has proposed in strict accordance with the RFP requirements.

Just Seeds Unlimited reserves the right to reject any or all Proposals and to waive informalities and minor irregularities in Proposals received. Just Seeds Unlimited Company reserves the right to decline any or all Proposal submissions, or to cancel the RFP call, in whole or in part, at any time prior to making an award, for any reason, or no reason, without liability being incurred by Just Seeds Unlimited to any Company for any expense, cost, loss or damage incurred or suffered by the Company as a result of such withdrawal.

All Proposals shall be deemed final, conclusive and irrevocable and no Proposal shall be subject to correction or amendment for any error or miscalculation. Proposals, prices, terms and conditions shall remain firm for a period of ninety (90) days from the due date for Proposals or until that time when the District takes official action on the Proposals. While Just Seeds Unlimited has used considerable efforts to ensure an accurate representation of information in this RFP document, the information contained herein is contained solely as a guideline for proposers.

The information is not guaranteed or warranted to be accurate by Just Seeds Unlimited, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP document is intended to relieve proposers from forming their own opinions and conclusions with respect to the matters addressed in this RFP document. The Company is responsible for its own verification of all information provided to it. The Company must satisfy itself, upon examination of this RFP, as to the intent of the specifications. After the submission of the Proposal, no complaint or claim that there was any misunderstanding will be entertained.

Just Seeds Unlimited reserves the right to modify the specifications prior to the Proposal submission deadline and will endeavor to notify all potential Companies that have received a copy of the specifications, but failure to notify shall impose no obligation or liability on the District. The Company shall not, under penalty of law and immediate disqualification of the Proposal, offer or give any gratuities, favors or anything of monetary value to an officer, employee, agent, or Board member of Just Seeds Unlimited for the purpose of nfluencing favorable disposition toward a submitted Proposal or for any reason while a Proposal is pending or during the evaluation process. No Company shall engage in any activity or practice, by itself or with other Companies, the result of which may be to restrict or eliminate competition or otherwise restrain trade. Violation of this instruction will result in immediate rejection of the Company’s Proposal. Just Seeds Unlimited may accept one part, aspect or phase, or any combination thereof, of any Proposal unless the Company specifically qualifies its offer by stating that the Proposal must be taken as a whole.

Just Seeds Unlimited may award a contract based upon the initial Proposals received without discussion of such Proposals. Accordingly, each initial Proposal should be submitted with the most favorable price and service standpoint. Just Seeds Unlimited reserves the right to hold negotiations in an attempt to clarify and qualify terms of any Proposal. Just Seeds Unlimited reserves the right to negotiate final contract terms with any Company, regardless of whether such Company was interviewed or submitted a best and final Proposal.

Just Seeds Unlimited reserves the right to withdraw the award to a successful Company within 30 days of the award if, in the opinion of Just Seeds Unlimited, the successful Company is unable or unwilling to enter into a form of contract satisfactory to Just Seeds Unlimited. Just Seeds Unlimited shall be entitled to do so without any liability being incurred by Just Seeds Unlimited to the Company. In the event of a conflict between the Proposal and the RFP, Just Seeds Unlimited shall resolve any inconsistency in favor of the RFP.

Additionally, Just Seeds Unlimited shall in good faith decide all inconsistencies and/or disputes pertaining to the RFP and the Proposal. The Company agrees to abide by the decisions of Just Seeds Unlimited Any ambiguity in the Proposal because of omission, error, lack of clarity or noncompliance by the Company with specifications, instructions and all conditions of bidding shall be construed in the favor of Just Seeds Unlimited. All of the terms and conditions of this RFP are deemed to be accepted by the Company and incorporated into the Company’s Proposal submission.

The terms and conditions stated in this RFP and the successful Company’s response to this RFP shall be incorporated into the contract between Just Seeds Unlimited and the successful Company. Just Seeds Unlimited reserves the right to terminate any resulting contract within 30 days written notice if, in its opinion, the successful Company fails to meet the terms and conditions of the Request for Proposal. Notwithstanding the termination of the contract, the successful Company shall remain responsible for its obligations under any resulting contract up to the date of termination.

Just Seeds Unlimited reserves the right to commence an action in a court of competent jurisdiction against the successful Company for damages that result from the breach of the terms and conditions of the contract, by the successful Company. In the event the contract initially awarded by Just Seeds Unlimited is terminated for any reason within 120 days of the due date for Proposals, Just Seeds Unlimited reserves the right to negotiate and accept any other submitted Proposal. It is understood that the Company is an independent contractor supplying services to Just Seeds Unlimited.

Neither the Company nor its employees shall represent themselves to be employees, agents, representatives, partners or joint ventures of Just Seeds Unlimited for any purposes whatsoever. The Company shall comply with all federal, state and local laws, regulations and ordinances, including but not limited to, the compliance with all employment tax requirements for withholding and all applicable state and federal employment and workers’ compensation laws. Just Seeds Unlimited shall not withhold taxes from the Company’s compensation.

Just Seeds Unlimited shall not be construed to be the Company’s employer, nor be held liable for any obligation as an employer. Appendix A Acknowledgment Letter for bid no. ______ Provide Just Seeds Unlimited Co. with a fully designed solution for an inventory management system. The system will include a sufficient inventory tracking system which is easy to learn and easy to train others. The procurement will be for the design stage only—implementation may or may not be handled under a separate contract at a later date.

Attention: ___________________________Date:________________ (Contact Representative) Receipt of the above captioned Request for Proposal is hereby acknowledged with the following comments: We will submit a bid on or before______________________ We will not submit a bid for the following reasons: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ___________________________________________________________ _______________ __________________________ has been assigned to be the primary contact person for the bid submission process. The contact telephone, fax and email are as follows: Telephone________________________________ Fax________________________________ Email________________________________ Designated Officer________________________________ Title________________________________ Address________________________________ ________________________________

Appendix B Supplier/Bidder List Supplier/Bidder| Contact #| Inventory Management Solutions| | Asset System Incorporated| | Datex| | eTeklogics| | | | How I chose these potential suppliers: Consultants who Inventory Management services were researched through top Inventory Management lists. Lists were narrowed down to those that provide services in Charlotte, North Carolina. Search was again decreased by choosing companies who have had experience with seed companies or related companies.

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