2025-12+IRFP+Jewel+City+2.docx

STATE OF NORTH DAKOTA

NORTH DAKOTA HOUSING FINANCE AGENY

PLANNING AND HOUSING DEVELOPMENT

PO BOX 1535

2624 VERMONT AVE

BISMARCK, ND 58502-1535

REQUEST FOR PROPOSAL (RFP)

RFP Title: Affordable Housing Project Progress Monitoring Jewel City 2 RFP Number: 473-2025-12 Issued: December 22, 2025

TABLE OF CONTENTS

ATTACHMENTS

Attachment 1 – Technical Proposal Evaluation Worksheet Attachment 2 – Contract

SECTION ONE – INSTRUCTIONS

1.1 Purpose of RFP

The state of North Dakota, acting through its North Dakota Housing Finance Agency (the STATE) is soliciting proposals for an affordable housing project process monitoring service.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Anita Hoffman EMAIL: ahoffman@nd.gov

PHONE: 701-328-8055

TTY Users call: 7-1-1 A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. This section does not restrict communication with state officials or any member of the legislative assembly unless the state official or member of the legislative assembly is involved directly with the procurement for which the person is interested or has submitted a bid or proposal (N.D.C.C. § 54-44.4-01.1).

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

1.3 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

1.4 RFP SCHEDULE

Deadline for submission of Questions and Objections

January 5, 2026, by 12:00 PM, C.T.

Solicitation Amendment with responses to Questions issued approximately (if required)

January 9, 2026, by 12:00 PM, C.T.

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodation can be made.

1.6 SECRETARY OF STATE REGISTRATION REQUIREMENTS

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.

1.7 BIDDERS LIST REGISTRATION

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.

The commodity codes used for this solicitation are:

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

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

1.9 AMENDMENTS TO THE RFP

If an amendment to this RFP is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFP. An Offeror shall include in its proposal any required acknowledgements of amendments to the RFP.

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule. If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP number and title cited in the email subject line.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the Offeror to a specific section of the RFP.

1.11 PREPROPOSAL CONFERENCE OR SITE INSPECTION

The STATE will not hold a preproposal conference or site inspection for this RFP.

1.12 OFFER HELD FIRM

Offerors must hold proposals firm for at least 120 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.13 OFFEROR RESPONSIBLE FOR COSTS

Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

1.14 TAXES

The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon requested by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701.328.1246 or visit its website at https://www.nd.gov/tax/tax-resources/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701.328.1248 or visit its website for more information.

1.15 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring its proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFP schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether its proposal has been received. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.16 PROPOSAL OPENING

This is an informal Request for Proposal (RFP) process that does not require formal sealed proposals or a public opening. A public opening will not be held.

1.17 AMENDMENT AND WITHDRAWAL OF PROPOSALS

Offeror may amend, supplement, or withdraw proposals prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw proposal and provide evidence that a substantial mistake has been made, and the STATE may permit withdrawal.

1.18 NEWS RELEASES

Offerors shall not make any news releases related to this RFP without prior approval of the STATE.

1.19 CONFLICT OF INTEREST

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or officials knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. [N.D.C.C. § 12.1-13-03 ] Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest.

1.20 ATTEMPT TO INFLUENCE PROHIBITED

Offerors must not give or offer to give anything to a state employee or official anything that might influence or appear to influence procurement decisions. Suspected attempt to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.21 COLLUSION PROHIBITED

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

1.22 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protest based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An Offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted in writing to the Procurement Officer during the protest period, which is seven calendar days beginning the day after the notice of intent to award is issued.

The protestor may appeal the decision of the Procurement Officer to the Director of OMB or designee in writing within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-03.

1.23 SPECIFICATIONS PREPARED BY NON-STATE PERSONNEL

When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the STATE, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

1.24 SUPPLIER REGISTRATION (PAYEE)

The successful Offeror will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

SECTION TWO – BACKGROUND

2.1 BACKGROUND INFORMATION

North Dakota Housing Finance Agency is a self-supporting and mission driven state agency dedicated to making housing affordable for all North Dakotans. We offer affordable home financing to low- to moderate-income families and help ensure the continued availability of suitable rental housing for households of modest means, while focusing on the overall housing needs of our state's growing communities. North Dakota Housing Finance Agency is soliciting vendors to be available to complete the scope of work identified in section 3.1.

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

North Dakota Housing Finance Agency is soliciting proposals for an individual and/or entities to perform monitoring services of the construction progress of an Affordable Housing Project being redeveloped in Rolla, North Dakota. The Affordable Housing Project is located at 304 2nd Ave SE, Rolla ND, and is a rehabilitation of Jewel City 2 apartment complex, a site built, one story, multifamily residential rental property with 7-units.

Initial Project Review – Within 21 days of the start of the contract the Contractor will perform a detailed project review (an “initial Project Review”) which will include:

· Provide a description to the building and site plans with regards to:

· Building

· Number of structures

· Type (townhouse, low rise, etc.)

· Square footage

· Number of stories

· Number of units

· Unit breakdown

· Construction type as defined by the International Building Code (IBC)

· Site:

· Lot area – existing and proposed

· Density – units/acre allowed and provided, parking required and provided

· Compliance with zoning with regards to minimum lot size requirements, minimum building setbacks, existing use, etc.

· Proposed improvements – drainage, sewer-septic, water-well, gas, power, cable television, telephone, retaining walls, fencing, playground, etc.

· Flood hazard relevance

· Wetland constraints

· Required permits

· Total open space allowed and provided

· Useable open space allowed and provided

· Review of Plans and Specifications

· List the plans and plan set date that was reviewed

· List the project manual date that was reviewed

· Comment on the plans and project manual as relates to:

· North Dakota State Building Code and any applicable local building codes- https://www.commerce.nd.gov/community-services/building-codes

· North Dakota Housing Minimum Rehabilitation Property Standards Manual https://www.ndhousing.nd.gov/sites/www/files/documents/Plans/MinimumRehabilitationPropertyStandards.pdf

· Federal Accessibility Requirements as they apply:

· 2010 ADA Standards for Accessible Design - https://www.ada.gov/2010ADAstandards_index.htm

· Fair Housing Act - https://www.huduser.gov/portal/publications/PDF/FAIRHO USING/fairfull.pdf

· Comment on any noted environmental concerns like lead-based paint, asbestos, contaminated soils, etc.

· Evaluate the overall quality of the construction plans and specifications. Offer an opinion as to whether the plans and specifications are sufficiently detailed for construction.

· Comment on the general adequacy of the proposed construction documents and the level of quality of the specified materials, equipment, building components and systems for the purpose of whether the construction documents are sufficient to commence and carry-out construction of the project.

· Comment on the compliance of the plans and specifications with the recommendations set forth in the applicable geotechnical and structural reports.

· Comment on the Survey Review with regards to easements, encroachments, and variances

· Availability of Utilities

· List of local utilities providing service to the project

· Review of utility letters (provided by the developer)

· Description of metering

· Provide a detailed narrative (project description) of proposed construction and systems:

· Grading, storm drainage, sewer, water, paving, landscaping

· Foundation and superstructure

· Life safety, plumbing, mechanical, electrical

· Roofing, building enclosure system, weatherproofing, flashing.

· Interior finishes and conveyance systems

· Offsite work if applicable

· Review of the construction contract and contractor qualifications (provided by the developer)

· Review of the Architect’s contract (provided by the developer)

· Review the General Contractor or Construction Management contract (provided by the developer). Comment on qualifications, assumptions, and exhibits.

· Review the construction schedule (provided by the developer)

· Cost opinion and recommendation for contingency (budget provided by the developer)

· Review aspects of quality control program and provide recommendations if applicable Follow-up Project Review:

The design architect or engineer will address initial plan review issues and resubmit stamped plans and stamped specifications. The Contractor will have seven days to complete the follow-up review.

Site Visits:

The Contractor will visit the Project and attend Project meetings once a month (a “Site Visit”). The visit will be to review and approve draw funding.

Site Visit Reports:

The Contractor will provide NDHFA with a written review within five (5) business days of each Site Visit, utilizing a standardized report format (Word document) reasonably approved by NDHFA. As part of each Periodic Report, the Contractor will also do the following:

(1) Attend project meetings (1 to 1-1/2 hours), and report on significant topics of discussion;

(2) Review and report on work in place relative to compliance with the contract documents;

(3) Comment on the quality of the work in place;

(4) Compare and comment on the progress of work on site as it relates to the critical path of the latest schedule;

(5) Provide captioned photographs that demonstrate overall progress of the job and show progress since the last inspection. Additionally, provide captioned photographs that highlight concerns or issues;

(6) Comment on any issues relating to permits, inspections, and testing;

(7) Attach the following to each report – meeting minutes, outstanding requests for information, proposed change order log, and a submittal log.

(8) Conduct and record wage interviews where Davis Bacon is applicable, and the interview is requested by NDHFA. Utilize HUD Form 11.

Draw Review:

Upon receipt by the Contractor of a request for payment from the Developer or NDHFA (each, a “Draw”, and together, the “Draws”), the Contractor will verify that such Draw is in a form previously approved by NDHFA and is consistent with the estimated disbursement schedule, and that the following supporting documentation for such Draw has been supplied:

· Draw (AIA Form G702/703 or similar form(s));

· monthly updated schedule;

· change order log (pending and approved);

· identification of construction lender posting,

· owner/contractor affidavits, and lien waivers.

Upon completing such review, the Contractor will make a Site Visit to review the progress of the Project work to date and to review completion of all work covered by such Draw.

In connection with each Site Visit and Draw review undertaken in connection with a Draw request, the Contractor will include as part of the Periodic Report whether the Contractor: (1) confirms the Project architect’s approval of the Draw, and recommends approval or disapproval of all or part of the Draw (together with a summary of the reasons for such disapproval) or (2) needs additional information to make such recommendation (together with a summary of the additional information needed). The Contractor agrees to use reasonable efforts to complete the Site Visit and Draw review and provide the Periodic Report with such recommendation to NDHFA within two (2) days after receipt of a Draw. If the Contractor recommends disapproval of a draw or needs additional information, the Contractor shall promptly inform the Developer and provide the Developer with a copy of the summary described above. The Contractor will assist and advise NDHFA in any discussions with the Developer to resolve the issues associated with such disapproval or inadequate supporting information.

It is expressly understood and agreed that the Contractor’s review of a Draw shall be deemed to constitute a certification by the Contractor to NDHFA that, to the best of his/her or its knowledge: (i) with respect to any construction-related item on the Draw, the item represents sums due for work actually performed and/or materials actually delivered or installed; (ii) all observed work has been completed in a good and workmanlike manner and, if not, the Project architect has presented a plan for remediation of any deficient work; and (iii) the quality of observed Project work completed as of the time of the Contractor’s Site Visit is generally in accordance with the construction contract and the plans and specifications for the Project previously delivered to the Contractor as amended by field changes. Notwithstanding the above, NDHFA acknowledges that the Contractor’s Periodic Report does not constitute a guaranty or certification by the Contractor of the quality of the Project or the sufficiency of the design or architectural components of the Project. If the Permanent/Construction Lender or any financing agency disapproves all or any portion of such Draw, such Financing Party shall promptly notify the Developer and the other Financing Parties of such disapproval (together with a summary of the reasons supporting such disapproval).

Final Certification:

Promptly upon completion of construction of the Project, the Contractor will (1) make a final Site Visit, (2) certify to NDHFA that, to the best of his/her or its knowledge, all work and materials are in substantial compliance with the plans and specifications and that lien releases have been duly delivered and (3) review the schedule of punch list items and recommend any changes or additions to such punch list schedule and an appropriate aggregate holdback amount for the final punch list items. The Contractor will identify any observed areas where construction does not conform to the final plans and specifications. The Contractor will coordinate the final Site Visit at construction completion with NDHFA. It will be the Developer’s responsibility to follow through with the outstanding punch list items.

Construction monitoring will encompass the entire project development period of the project

3.2 APPLICABLE DIRECTIVES

This project is subject to the rules and regulations of the following programs:

HOME Investment Partnership Program (HOME), and the North Dakota Housing Incentive Fund The contractor is responsible for identifying and complying with all state and federal requirements that apply to the contract.

3.3 REQUIREMENTS

DELIVERABLES

The contractor will be required to provide the following to achieve the objective of this project:

· Initial Project Review which shall include the following information:

· A review of plans and specifications and comment on adherence to ND State Building Code, Local Building Code, Minimum Rehabilitation and Property Standards , Federal Accessibility Requirements, and Fair Housing as applicable.

· Evaluation of the overall quality of the construction plans and specifications.

· Availability of utilities.

· Detailed narrative of the proposed constructions and systems.

· Review of construction contract.

· Review of Architects contract.

· Review of General Contractor or Construction Management contract.

· Review Construction Schedule

· Monthly Monitoring Site Reports for the Agency following each visit. Each Monitoring Progress report shall include the following information:

· Project Summary

· List of meeting attendees

· Project description

· Summary of Current Construction draw

· Summary of loan hard cost budget summary

· Review of current retainage percentage

· Review change orders

· Review pending change orders

· Site utility work status summary

· General site work status

· General building work summary

· Summary of current project risks that will affect delivery of project completion timeline

· Review of schedule

· Review of current stored material

· Final Certification - upon completion of the Project, the Contractor will

· Conduct a final Site Visit

· Certify all work and materials are in substantial compliance with plans and specifications and that lien releases have been delivered.

· Review schedule of punch list items and recommend any changes or additions.

· Identify any observed areas where construction does not conform to plans and specifications.

LOCATION OF WORK/TRAVEL

The contractor will be required to travel as follows: Onsite inspections of property located at 304 2nd Ave SE, Rolla, ND. Travel to site required monthly during the construction period until project construction is completed.

The contractor should include in its price proposal: transportation, lodging, and per diem costs sufficient for monthly trip(s) to 302 2nd Ave SE, Rolla, ND. Travel to other locations will not be required

STATE-FURNISHED PROPERTY/SERVICES

The STATE will provide the following documentation to contractor:

· The Borrower has supplied (or will promptly supply when available) copies of the following to the construction inspector:

· Complete stamped site, structural, mechanical, electrical heating/ventilating/air conditioning, life safety and architectural plans and specifications including all modifications and addenda (paper sets);

· Report(s) of soil and foundation investigation, including engineer’s recommendations concerning the foundation design, structural reports and environmental reports;

· Architect’s contract and the general contract and contract, together with all supplementary conditions, for consultants retained by the Borrower for the construction period;

· Proposed disbursement schedule

· Contractor’s cost breakdown;

· (Letters or other documentation verifying the availability of needed utilities, water sanitary sewers, gas, electricity and telephone;

· Building permits and other permits required for construction;

· Building code analysis prepared by a registered architect or engineer; (i) Evidence of zoning compliance or comprehensive permit; and

· Evidence of compliance or evidence that every contractor performing work on the Project has agreed to comply with the Agency’s Minimum Rehabilitation and Property Standards policy. https://www.ndhfa.org/wp-content/uploads/2022/04/MinimumRehabandPropertyStandards4.22.pdf

RISK MANAGEMENT

The contractor will take appropriate measures to ensure the safety of its employees, state employees, the public, and property. The contractor must identify any potential risks, issues and problems associated with the project and identify ways to mitigate those potential risks.

PROJECT MANAGEMENT PLAN

The contractor will be expected to use appropriate project management to ensure the work is accomplished on time, within budget, and meets quantity and quality standards.

1. The contractor will be required to collaborate with the STATE to agree upon the contract schedule, including a work breakdown, schedule of tasks and activities, and progress milestones.

2. The contractor will be required to coordinate with the STATE to develop a communication plan. Any problems or unforeseen events must be communicated timely to the STATE project manager, and any changes must be agreed upon between the parties and set forth in a written amendment to the contract. If the STATE requires corrective action, the contractor will be notified in writing.

CONTRACT TERM, SCHEDULE AND DELIVERABLES

1. Contract Term The length of this contract will be from the date of award, approximately February 1, 2026, for approximately 18 months until completion, approximately July 2027. See the attached Contract for extension provisions.

2. Schedule and Deliverables The contractor shall provide a schedule of deliverables to the State.

3.4 EXPERIENCE AND QUALIFICATIONS

Minimum Qualifications:

Offerors must have the following minimum qualification in order to be considered for contract award: Offeror have an registration as a contracting organization with SAM.gov.

Experience A proposal from the Offeror that does not meet minimum experience requirements will be rejected. The Offeror must have experience in affordable housing development including those financed through complex financing arrangements such as the use of Low-Income Housing Tax Credits, National Housing Trust Fund, HOME Investment Partnership Program (HOME), and other state and federal affordable housing programs. Consultants/managers should demonstrate this experience by providing a list of affordable developments they have managed through to completion.

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

The STATE discourages overly lengthy and costly proposals. An Offeror must prepare its proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and a Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

EMAIL

Offerors may submit proposals by email to: ahoffman@nd.gov The email subject line should contain the RFP number and title as indicated on the cover page. Offerors are encouraged to begin the process well in advance and to allow for sufficient time for transmission to meet the Solicitation Closing deadline. Offerors may contact the Procurement Officer to confirm receipt.

Email messages over 50 MB in size are rejected. An Offeror may split the response through multiple emails as needed and indicate the total number of messages intended (e.g., 1 of 3, 2 of 3, and 3 of 3). In addition, be aware that Offeror’s internet service provider may limit the size of attachments to outgoing emails. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any anti-virus or other security software. Encrypted documents or links to documents on an external server are not allowed without prior written approval from the STATE. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

COPIES OF TECHNICAL AND COST PROPOSAL

Offeror shall submit one (1) copies of its Technical Proposal and one (1) copies of its Cost Proposal. Each item should be clearly labeled. The Offeror must submit its proposal in an electronic version (examples: Microsoft Word or .pdf format). The Technical Proposal and Cost Proposal should be submitted as separate files and labeled accordingly.

4.3 PROPOSAL FORMAT

Prepare the Technical Proposal and Cost Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover Letter Section 2 – RFP Amendments if applicable Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality Cost Proposal – The Cost Proposal must be a separate document. Format the Cost Proposal following the RFP instructions.

4.4 TECHNICAL PROPOSAL

SECTION 1 – COVER LETTER

Proposals shall include a cover letter that includes the following:

1. The name of the Offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address.

2. Offerors are instructed to review the “Conflict of Interest” provisions in RFP Section 1 “Instructions.” If the firm, its employees or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees and subcontractors do not have a conflict of interest.

3. The cover letter must be signed by an individual with authority to bind the Offeror. By signing the cover letter, an Offeror certifies that it complies with:

a. All the requirements, terms and conditions as set forth in this RFP.

b. The requirement that the Offeror’s proposal accurately describes the goods and services being offered to the STATE, and the proposal will be held firm for the period specified.

c. All local, state, and federal laws, rules, code laws, rules, code, regulation, and policies, including those relating to nondiscrimination, accessibility, civil rights, and equal employment.

d. The requirement that this proposal was prepared independently without collusion.

SECTION 2 – RFP AMENDMENTS

Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

SECTION 3 –SCOPE OF WORK STRATEGY

Offeror must review the requirements and deliverables provided in RFP Section 3, Scope of Work.

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract.

2. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the STATE’s project schedule.

3. Value-Added Options. Offerors may include any optional services or goods that are not required by the STATE but are within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered.

4. Location of Work. The proposal must respond to the STATE’s Location of Work instructions within the RFP Scope of Work. Describe where the work will be performed and any proposed travel.

5. State Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for STATE resources that will be needed for the project, including number of staff, qualifications, roles and responsibilities, and time requirements for the various phases of the project.

6. Risk Management. Offerors must describe measures to be taken to ensure the safety of its employees, state employees, the public and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated.

7. Project Management Plan. The proposal must describe how the contractor intends to manage the project to ensure the work is accomplished on time, within budget, and meet quantity and quality standards. Offerors may provide a narrative or organizational chart to illustrate the lines of authority and accountability.

8. Proposed Schedule and Deliverables. The proposal must provide a timeline for accomplishing the work, in consideration of the STATE’s Contract Schedule within the RFP Scope of Work.

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFP Section 3, Scope of Work, Experience and Qualifications.

Minimum Qualifications of the Firm Offeror must be a registered and active contracting organization listed on SAM.gov registration. The organization must provide a copy of the Unique Entity Identifier and proof of active non-debarred status.

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer. Offerors may provide letters of reference from customers.

Experience and Qualifications of the Project Team Provide a narrative or organizational chart that describes the organization of the proposed project team. Provide information for key project team members, including:

1. Description of anticipated work they will perform and approximate estimated hours;

2. Resume or description of the relevant education, training, experience, skills and qualifications.

3. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited.

4. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

5. Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and its rights and responsibilities.

References Provide three (3) references for similar projects the Offeror has completed. Offerors must include the name of a contact person, address, email, and telephone number. Offerors are responsible for providing accurate reference contact information and are instructed to notify the reference that the STATE may be contacting them. Reference checks may begin within one (1) business day of the Solicitation Closing deadline. Evaluation may be impacted if the STATE is unable to contact the reference or the reference does not timely provide the requested information.

SECTION 5 – CONTRACT PROVISIONS

Offeror shall review the RFP Section 6 and the STATE’s Contract – Attachment 2.

The proposal must include indicate whether the Offeror accepts the terms and conditions in the STATE’s Contract.

An Offeror may state that they accept the STATE’s Contract as written.

An Offeror may state any objections or propose changes or additions to the STATE’s Contract. Describe the changes to the Contract being proposed or provide a red line of the STATE’s Contract. Offerors are not to submit their own contract or standard terms and conditions with their proposals. Offeror should address the specific language in the attached contract and submit any proposed changes.

North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from the STATE.

SECTION 6 – OPEN RECORDS AND CONFIDENTIALITY

All proposals and other material submitted become the property of the State and may be returned only at the State’s option. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws. Proposals or portions of proposals may be confidential only if specifically stated in law.

Offerors are instructed not to mark their entire proposal as “confidential.”

Offeror must provide one of the following in their proposal:

· Provide a statement indicating that their proposal does not contain any confidential information, OR

· Make a written request to hold confidential any trade secrets and other proprietary data contained in its proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information. https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.5 COST PROPOSAL

Total Cost. Cost proposals must provide the total proposed cost for completing each monthly monitoring progress report specified in section 3.3 Deliverables. The cost proposal should also include the total amount to be paid throughout the proposed contract period.

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

5.1 AWARD

The STATE intends to award a contract to the responsible Offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be most advantageous in consideration the RFP evaluation criteria.

5.2 RESPONSIVENESS

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. The STATE reserves the right to waive minor informalities in accordance with N.D.A.C. chapter 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors. Responsive proposals will be evaluated by the Procurement Officer or evaluation committee using the evaluation criteria stated in the RFP.

5.3 RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION

The STATE reserves the right to contact references, other customers, including state and local government agencies, regarding past experience with the Offeror. Prior experience of the state agency or institution with any prospective Offeror may also be taken into consideration during evaluation.

The STATE may, at any time, may make a supplementary investigation as to the responsibility of any Offeror in accordance with N.D.A.C. § 4-12-11-04. This investigation may include, but is not limited to, financial responsibility, capacity to produce, sources of supply, performance record, or other matters related to the Offeror’s probable ability to deliver if a contract is awarded to the Offeror. If it is determined that an Offeror appears not to be sufficiently responsible, the proposal will be rejected.

5.4 EVALUATION CRITERIA

Proposals will be evaluated using a 100-point scale. The evaluation committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment 1. The Technical Proposal evaluation score and Cost Proposal evaluation score will be added together to determine the total evaluation score. After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued. The final evaluation score will consider information received by the STATE, including but not limited to, discussions with Offerors, demonstrations, presentations, site visits, reference checks, and best and final offers.

The evaluation criteria and relative weight is as follows:

Technical Proposal Evaluation: 60 Points A. Scope of Work Strategy– 40 Points B. Experience and Qualifications – 20 Points Cost Proposal Evaluation: 40 Points

5.5 COST PROPOSAL EVALUATION – RECIPROCAL PREFERENCE

The STATE will calculate evaluation points awarded to Cost Proposals. Any prompt payment discount terms proposed by the Offeror will not be considered in evaluating cost.

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

The cost amount used for evaluation may also be affected by the application of other costs required to implement the proposed solution to determine the total cost of the solution (i.e. cost for ITD to host a STATE hosted solution).

After applying any reciprocal preference, the lowest Cost Proposal will receive the maximum number of points allocated to cost. Cost proposals will be evaluated using the following formula.

Price of Lowest Cost Proposal Price of Proposal Being Rated X Total Points for Cost Available = Awarded Points

5.6 CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

To determine if a proposal is reasonably susceptible for award, communications by the Procurement Officer or evaluation committee are permitted with an Offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP or proposal indicated by the STATE. Discussions are generally conducted by telephone or internet-based conference.

In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing Offerors. Clarifications may not result in material or substantive change to the proposals. Evaluation scores may be adjusted based in consideration of information obtained through discussions.

5.7 RIGHT OF REJECTION

The STATE reserves the right to reject any proposals, in whole or in part. Proposals received from suspended or debarred bidders will be rejected. Proposals determined to be nonresponsive to the requirements of the RFP will be rejected. The STATE reserves the right to reject the proposal of an Offeror determined to be not responsible.