110.7-25-079+IFB+TC+104+.doc

State of North Dakota

INVITATION FOR BID – PRINTING OMB (8/2023)

SUBMISSION INSTRUCTIONS: Bids must be received by the Bid Closing Deadline!

Upload Response to SPO Online:

This solicitation is on the State Procurement Online system: https://apps.nd.gov/csd/spo/services/bidder/main.htm Click on “Recent Solicitations” and find this solicitation. Use the “Upload Response” to the Bid Response Sheet. Upload a maximum of five documents. Clearly label all documents. Responses must be uploaded before the bid closing deadline. Contact the Procurement Officer for assistance or call ND State Procurement at 701-328-2740 for assistance. See https://www.nd.gov/omb/vendor/bidder-resources for SPO Electronic Response Job Aid.

Bid #: 110.7-25-079 Bid Closing: September 9, 2025 @ 1:00 PM State Procurement Office, Central Services Division, Basement J-Wing

600 East Blvd, Ave., Bismarck, ND 58505

You are invited to participate in this Invitation for Bid. Please submit your bid to the Purchasing Agency in accordance with the response instructions. By submitting a response, the bidder agrees to fully perform the contract in accordance with all the specifications, terms and conditions, and requirements contained in this solicitation and shall comply with all applicable provisions of the North Dakota Century Code Chapters 54-44.4, 46-02, 44-08 and North Dakota Administrative Code Chapter 4-12, made a part of the solicitation and contract by reference. Written acceptance of the bidder's response by the State, by issuance of a purchase order or contract, constitutes a binding contract made and entered into by and between the State of North Dakota, acting through the Purchasing Agency and the bidder, and the bidder named below:

Bidder Company Name & Address:

Authorized Signature:

Acceptance (For State Use Only) Bid response accepted and contract awarded.

By____________________________________________Title_________________________________ Signature ______________________________________Date ________________________________

Bidder Checklist. Have you remembered to:

· Review all instructions, terms and conditions, and specifications to ensure your bid response complies?

· Prepare your price in the specified unit of measure, F.O.B. Destination, Freight Prepaid to the delivery location listed on the cover sheet?

· Indicate whether you can meet the delivery date?

· Sign your bid response on the cover sheet?

· Initial all changes and corrections?

· Mark the envelope as indicated above? (If bid is mailed)

· Include paper samples, if required.

Bidder’s Instructions

1. Addition of Terms and Conditions. Additional terms and conditions submitted with a bid response are of no effect unless accepted in writing by the Purchasing Agency. Bids with any additional terms and conditions may be rejected as non-responsive.

2. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the Procurement Officer prior to the deadline for receipt of bids so that reasonable accommodation can be made.

3. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

4. Bid Opening. All bids received by the time and date of the bid opening will be publicly opened by the Purchasing Agency at the location indicated on the cover sheet of this solicitation. Interested parties are invited to attend the bid opening. After the bid opening, all bids received are subject to North Dakota open records laws.

5. Corrections. The bidder’s authorized representative must initial any corrections (i.e. erasers, whiteouts, correction tape, etc.) made to the bid response. Those bid responses with corrections and alterations that are not initialed are subject to confirmation by the Procurement Officer.

6. Facsimile Bids. Bid responses faxed to the Purchasing Agency will be rejected. Bids may be faxed to a third party who will put it in a sealed envelope and deliver it to the Purchasing Agency before the response deadline.

7. Late Bids. It is the bidder’s responsibility to ensure that a bid response is received by the Purchasing Agency prior to the date and time specified for the opening. Late bid responses will be rejected regardless of the degree of lateness or the reason, unless the delay is due to the error of the purchasing agency and discovered before the selection of the successful bidder.

8. Minor Informalities. The State reserves the right to waive minor informalities in bid responses in accordance with N.D.A.C. § 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the bid document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other bidders.

9. Packaging. All commodities and equipment are to be delivered and packaged strongly and securely according to accepted commercial practices.

10. Prices, Currency. All prices must be in United States currency.

11. Pricing, Unit and Total Prices. The unit price is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail.

12. Protests. An interested party may protest the solicitation within seven days before the bid opening or protest the Notice of Intent to Award or the award within seven days after receiving notice in accordance with N.D.C.C. § 54-44.4-12 and N.D.A.C. ch. 4-12-14. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award.

13. Questions and Clarifications. All questions and requests for clarification must be addressed to the Procurement Officer and received by the deadline specified on the cover sheet or no later than seven days before the opening date. The requirements of this solicitation can only be altered by written amendment of the solicitation. Verbal communications from whatever source are of no effect.

14. Rejection. The State reserves the right to reject any and all bids in whole or in part. Bid responses will be rejected if:

· the bid response is not legible.

· the bid response is not completed as requested.

· the bid response is faxed to the Purchasing Agency.

· the bid response is not responsive to the specifications or other requirements of the solicitation.

· the bid response is received after the time and date specified.

· the bidder was required to be registered as an approved bidder by the deadline for receipt of bids and failed to do so.

· the bidder is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04.

15. Signature. The bidder or the bidder’s duly authorized agent or representative must provide their printed name, title and sign the bid response.

16. Specifications, Brand Name or Equivalent. Unless otherwise indicated in the detailed specifications of this solicitation, the use of a specific brand name or make/model is for illustrative purposes only, and the State will consider equivalent products. If a commodity or service put forth by a bidder is rejected as not being equivalent, the Procurement Officer will notify the bidder of the rejection.

17. Specifications, Compliance. All bid responses must comply with the specifications contained in the Invitation for Bid, and the successful bidder will be held responsible. Failure to meet specifications is grounds for rejection of the bid response. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the specifications stated herein must contact the Procurement Officer by the deadline for questions or at least seven days before the opening, so the Procurement Officer can determine whether the specifications need to be amended.

18. Withdrawal or changes to a bid response prior to the bid opening date and time. Before the bid opening date and time, the bidder or the bidder’s authorized representative may withdraw or change a bid response by making a written request to the Procurement Officer.

19. Withdrawals after the bid opening date and time. After the opening, no changes may be made to the bid response. The bidder may make a written request to withdraw the bid response, subject to approval by the Purchasing Agency. Bidders repeatedly withdrawing bids after the opening date may be removed from the State bidders list.

GENERAL CONTRACT TERMS AND CONDITIONS

1. Applicable Law and Venue. This contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this contract must be brought in the District Court of Burleigh County, North Dakota.

2. Assignments and Subcontracts. The contractor may not assign or otherwise transfer or delegate any right or duty without the State’s express written consent. However, the contractor may enter into subcontracts provided that any such subcontractor acknowledges the binding nature of this contract and incorporates this contract, including any attachments. The contractor is solely responsible for the performance of any subcontractor. The contractor shall not have the authority to contract for or incur obligations on behalf of the State.

3. Binding Contract. Written acceptance of a bid response by the Purchasing Agency in the form of a purchase order, notification of award, or contract. Any oral agreement or arrangement between a Bidder and the Purchasing Agency will have no force or effect unless reduced to writing.

4. Nondiscrimination - Compliance with Laws. Contractor agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. ch. 34-06.1 Equal Pay for Men and Women.)

Contractor agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums.

Contractor shall have and keep current all licenses and permits required by law during the Term of this Contract all licenses and permits required by law.

Contractor is prohibited from boycotting Israel for the duration of this Contract. (See N.D.C.C § 54-44.4-15.) Contractor represents that it does not and will not engage in a boycotting Israel during the term of this Contract. If State receives evidence that Contractor boycotts Israel, State shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if Contractor has fewer than ten full-time employees.

Contractor’s failure to comply with this section may be deemed a material breach by Contractor entitling State to terminate in accordance with the Termination for Cause section of this Contract.

5. Compliance with Public Records Law. The contractor understands that, except for disclosures prohibited under North Dakota open records laws related to confidentiality, N.D.C.C. § 44‑04‑18, the State must disclose to the public upon request any records it receives from contractor. The contractor further understands that any records which are obtained or generated by the contractor under this contract, except for records that are confidential under N.D.C.C. § 44‑04‑18, may, under certain circumstances, be open to the public upon request under the North Dakota open records law. The contractor agrees to contact the State immediately upon receiving a request for information under the open records law and to comply with the State’s instructions on how to respond to the request. Bid responses are exempt records until the time and date of the bid opening.

6. Confidentiality. The contractor agrees not to use or disclose any information it receives from the State under this contract that the State has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this contract or as authorized in advance by the State. The State agrees not to disclose any information it receives from the contractor that has previously been identified as confidential and which the State determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota open records law, N.D.C.C. § 44‑04‑18. The duty of the State and the contractor to maintain confidentiality of information under this section continues beyond the term of this contract, or any extensions or renewals of it.

7. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes (i.e. substitution of product or a price adjustment) may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13)

8. Inspection and Investigations. The State reserves the right to conduct inspections and investigations related to the bidder and offered commodities or services, including but not limited to the firm, its facility, personnel, qualifications, and the commodities and/or services offered to make determinations regarding compliance with the bid requirements and responsibility of the bidder.

9. Material and Workmanship. All material and workmanship shall be subject to inspection and testing by the State either at the point of manufacturer, place of storage, or upon receipt.

10. Payment Terms. Payment will normally be made within forty-five (45) calendar days after delivery and acceptance of commodities or services under this contract and receipt of a correct invoice. All invoices and payment inquiries must be directed to the Purchasing Agency.

11. Taxes. The State is not responsible for and will not pay local, state, or federal taxes. The state sales tax exemption number is E-2001. The federal tax-free transaction number is 45-70-0010K. The Purchasing Agency will furnish a tax exempt certificate upon request.

SPECIAL TERMS AND CONDITIONS

1. Secretary of State Registration. The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54-44.4-09.1)

See the OMB Guidelines to Vendor Registry for more information.

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

· Check the Business Records database to see if a business is registered.

· Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1).

· If you need to register, fees apply.

· Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

2. Bidders List. Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

3. Award. Award will be made to the responsible bidder with the lowest priced bid that is responsive to the specifications and all other requirements stated herein. Award will be made as follows:

· All or none.

4. Award – North Dakota Printing Preference. N.D.C.C. § 46-02-15 requires that if practicable, all state, county, and other political subdivision public printing, binding, and blank book manufacturing, blanks and printed stationery must be awarded to a resident North Dakota bidder as defined in N.D.C.C. § 44-08-02. Also see N.D.A.C. § 4-12-16-01.

· Bid Responses from nonresident (out-of-state) Bidders will not be accepted.

The reciprocal preference law, N.D.C.C.§ 44-08-01, was appealed effective August 1, 2023.

5. Award – Tie Bid Preference. If a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C § 44-08-02

b. If a tie still remains, award shall be made in accordance with N.D.A.C. § 4-12-11-05.

6. Bid Results. After an award decision is made, a bid summary will be posted on the State Procurement Office website: https://www.omb.nd.gov/doing-business-state/procurement/bidding-opportunities

7. Contract Period. The contract issued as a result of this solicitation will be for the period from 10/25/2025 through 10/31/2026 inclusive, with the option to extend for an additional 12 months and/or renew the contract for maximum of two (2) additional periods, upon mutual agreement, as set forth in a written amendment to the contract.

8. Contract Termination

a. Termination for Convenience or by Mutual Agreement. This Contract may be terminated by STATE upon thirty (30) days’ written notice to CONTRACTOR. This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest. STATE is entering into this contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority. The State may terminate this contract effective upon delivery of written notice to the contractor, or on any later date stated in the notice, under any of the following conditions:

1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term. The contract may be modified by agreement of the parties in writing to accommodate a reduction in funds.

2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract.

3) If any license, permit or certificate required by law or rule, or by the terms of this contract, is for any reason denied, revoked, suspended or not renewed.

Termination of this contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

c. Termination for Cause. The State by written notice of default to the contractor may terminate the whole or any part of this contract:

1) If the contractor fails to provide services required by this contract within the time specified or any extension agreed to by the State; or

2) If the contractor fails to perform any of the other provisions of this contract or so fails to pursue the work as to endanger performance of this contract in accordance with its terms.

1) The rights and remedies of the State provided in the above clause related to defaults by the contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.

d. Termination, Deliveries. If the contract is terminated for any reason, the contractor is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by the Purchasing Agency or Entity

9. N.D.C.C chapter 39-04.2, and the International Peace Garden. Participation by other governmental entities is not mandated or guaranteed; therefore, the estimated volume of this contract is not known.

10. Delivery. The contractor must deliver commodities and services by the required time as stated in this Invitation For Bid. If after receiving the order, the contractor learns that the delivery requirements cannot be met, the contractor must immediately notify the Purchasing Agency in writing of the delay and the approximate date delivery may be expected.

11. Freight and F.O.B. Point. Delivery and passage of title under this contract shall be F.O.B. Destinations to the locations specified in this solicitation. The freight is to be included in the price of the products. Title will pass to Purchasing Agency upon delivery to the specified destinations.

12. Negatives, artwork or electronic media. When agencies furnish negatives, artwork or electronic media to a bidder, the bidder must return them before payment will be made. If changes are made to any of the negatives, artwork or disks, the new, updated negatives, artwork or electronic media must be returned to the agency before payment will be made. Electronic media must be returned in the same platform as furnished and must have the ability to be changed by the agency, if desired. All charges for these changes must be included in the bid price. The State of North Dakota shall retain all rights and privileges.

13. Pricing – Price Adjustment. The total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request.

· Pricing, Firm-Fixed with Adjustment Provisions. Pricing shall be firm for the first 180 days of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment. All orders placed are to be billed at prices in effect at the time of the order, not the date the shipment is made.

14. Quantities. Quantities are for exact counts only. The State of North Dakota will not pay for overruns. Underruns will not be accepted.

15. Purchasing Cards. The Purchasing Agency may place orders by issuance of a purchase order or may elect to place an order and make payment using a purchasing card. The contractor will accept a purchasing card without passing the processing fees for the purchase card back to the Purchasing Agency.

DETAILED SPECIFICATIONS

Business Card blanks (backside printing)

1. Artwork: Electronic, printer-ready files furnished to Contractor. Files created with InDesign.

2. Proof: High resolution, contract color proof (such as Epson) of backside, indicating final trim.

3. Final individual business card Size: 3 ½” x 2”.

4. Paper Stock: 12 pt., white, C2S, gloss cover.

5. Ink: Print backside, one PMS, one side with full bleeds

6. Finishing/Packaging: Leave in flat sheets for imprinting.

See Attachment A for an example reference.

Business Card imprint one side (2/0)

7. Artwork: Full type composition required. The quantities will be imprinted in smaller quantities throughout the term of the contract. The actual number of total names is unknown.

8. Quantities: Imprint business card info in quantities of 100, 250, 500 & 1000.

9. Proof: Color laser proofs required.

10. Paper stock: Pre-printed blanks.

11. Ink Color: Print front side, three PMS

12. Finishing/Packaging: Trim to 3½” x 2”. Pack in sturdy, uniformly-sized card boxes, pack names separately, label with quantity in each carton.

13. Bid is All or None. (Bid winner is the total of the blanks, plus the imprint prices.)

14. Delivery: All printed materials must be delivered within 10 working days after the contractor receives an order from the Purchasing Agency. Materials are to be delivered (F.O.B. destination) to:

ND Department of Health and Human Services 600 East Boulevard Avenue, Dept 325

Bismarck, ND 58505-0250 Note: This is an inside delivery. There is a loading dock.

Include unit prices and total prices in bid response.

BIDDER NAME: _____________________________________________________________

Recycled Content and Total Weight

(Recycled content and weight information is for informational and reporting purposes only. Recycled content and weight are not factors in bid evaluation or award for this solicitation.)

BIDDER NAME: _____________________________________________________________

Bid No: 110.7-25-079-Printing- Business Cards, DHHS Bid Closing Date: September 9, 2025 @ 1:00 PM