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(b) Purchase of apparatus, supplies, materials or equipment. See <br />Subsection 11j(2), this Agreement, regarding information technology goods as services. <br />(2) The Contractor agrees that the RFP method of solicitation may be used <br />(in addition to or instead of any other procedure available under North Carolina law) for the <br />procurement of information technology goods and services [as defined in N.C.G.S. 147- <br />33.81(2)]. This applies to electronic data processing goods and services, telecommunications <br />goods and services, security goods and services, microprocessors, software, information <br />processing, office systems, any services related to the foregoing, and consulting or other <br />services for design or redesign of information technology supporting business processes. The <br />Contractor will comply with the following minimum requirements [N.C.G.S. 143-129.8]: <br />(a) Notice of the request for proposals shall be given in accordance <br />with N.C.G.S. 143-129(b). <br />(b) Contracts shall be awarded to the person or entity that submits <br />the best overall proposal as determined by the awarding authority. Factors to be considered in <br />awarding contracts shall be identified in the request for proposals. <br />(c) The Contractor may use procurement methods set forth in <br />N.C.G.S. 143-135.9 in developing and evaluating requests for proposals. <br />(d) The Contractor may negotiate with any proposer in order to <br />obtain a final contract that best meets the needs of the Contractor. <br />(e) Any negotiations shall not alter the contract beyond the scope of <br />the original request for proposals in a manner that deprives the proposers or potential proposers <br />of a fair opportunity to compete for the contract; and would have resulted in the award of the <br />contract to a different person or entity if the alterations had been included in the request for <br />proposals. <br />(f) Proposals submitted shall not be subject to public inspection until <br />a contract is awarded. <br />Project 07-US-056 Page 32 of 49 <br />Orange County <br />