25-008+-+RFP+-+Student+Uniform+Services.docx

Facilities Management Purchasing Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148 North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Contractor Services Agreement Student Uniform Services - RFP #: 25-008

Request for Proposal No. 25-008 Student Uniform Service

Assistant Director of Facilities Management

Due: December 9, 2025, at 3:00 PM CT

North Dakota State College of Science (NDSCS) is requesting sealed proposals to establish and award a contract to provide student and faculty uniform services at NDSCS Campus, Wahpeton, ND.

The initial term of this contract shall be effective for one (1) year, with annual renewal. This contract may be extended up to nine (9) years, ten (10) years total, upon mutual agreement of the Offeror and NDSCS. There will be annual review of the contract at which time Offeror is to provide NDSCS with current pricing. The contract will be rebid for 2036.

Proposals must be submitted electronically on the ND State Procurement website. Proposals must be uploaded and received before 3:00 PM CT, December 9, 2025.

If you have any questions concerning this proposal, please email, Jen Steinborn, Purchasing Officer at jennifer.steinborn@ndscs.edu.

Failure to comply with instructions, and terms and conditions could disqualify your proposal.

Thank you for your anticipated response to the Request for Proposal.

Table of Contents

Section One - Offeror Instructions

Proposal Documents It is the sole responsibility to the Offeror to be certain that it has received a full set of the Proposal Documents when preparing to respond. Upon submission of its Proposal, the Offeror shall be deemed conclusively to have been in possession of a full set of proposal documents.

Offerors are expected to examine the entire RFP, including all specifications, requirements, and instructions. Failure to do so will be at the Offeror’s risk.

Contact Person, Telephone, E-mail The Purchasing Officer or the Assistant Director of Facilities Management are the point of contact for this RFP. All Agency communications regarding this RFP must be directed to the Purchasing Officer or the Assistant Director of Facilities Management. Unauthorized contact regarding the RFP with other employees of NDSCS may result in the Offeror being disqualified, and the Agency may also be suspended or disbarred from the state bidders list.

PURCHASING OFFICER: Jen Steinborn

PHONE: 701-671-2428

E-MAIL: jennifer.steinborn@ndscs.edu ASSISTANT DIRECTOR OF FACILITIES MANAGEMENT: Kari Hasbargen E-MAIL: kari.hasbargen@ndscs.edu

RFP Schedule This schedule of events represents NDSCS’s best estimate of the schedule that will be followed for this RFP. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate RFP schedule is as follows:

• RFP Issued: November 5, 2025

• Deadline for receipt of questions and objections related to the RFP: November 19, 2025, 12:00 PM CT

• Responses to questions / RFP amendments (if required): November 24, 2025

• Proposals due by: December 9, 2025, 3:00 PM CT

• NDSCS issues Notice of Intent to Award a Contract approximately: TBD

Proposal Submission Instructions

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror Must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response 24 hours prior to the Solicitation Closing deadline.

Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find the solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5) clearly labeled documents before the Solicitation Closing deadline provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal and Cost Proposal in separate files.

5. The maximum file size allowed is 50 MB per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system DOES NOT accept other special characters such as apostrophe, & symbol, quotation marks, etc.

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10. Offeror will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If Offeror does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

Assistance to Offerors with a Disability Offerors with a disability that needs an accommodation must contact the Purchasing Officer prior to the deadline for receipt of proposals so that reasonable accommodation can be made.

Deadline for Receipt of Questions and Objections Offerors must carefully review this solicitation, the contract, risk management provisions, and all attachments for defects, questionable, or objectionable material. All questions must be in writing and directed to NDSCS, addressed to the Purchasing Officer, and cite the subject RFP number. The Purchasing Officer must receive these written requests by the deadline specified in the RFP Schedule of Events to allow issuance of any necessary amendments. If no deadline is specified, questions or objections must be received at least 7 days prior to solicitation closing This will also help prevent the opening of a defective solicitation and exposure of Offeror's proposals upon which an award could not be made. Protests based on the content of the solicitation will be disallowed if these faults have not been brought to the attention of the Purchasing Officer, in writing, before the time indicated in the Schedule of Events.

If the question may be answered by directing the questioner to a specific section of the RFP, then the Purchasing Officer may answer the question over the telephone. Other questions may be more complex and may require a written amendment to the RFP. The Purchasing Officer will make this determination. Verbal communications are considered unofficial and non-binding on NDSCS. The Offeror must confirm telephone conversations in writing.

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 (sos@nd.gov) 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.

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.

Amendments to the RFP If an amendment to this RFP is issued it will be provided to all Offerors who were notified of the RFP and to those that have requested a copy of the RFP from the Purchasing Officer.

Addenda Any addenda issued for this RFP shall be included in proposal and will be a part of the contract. All addendums must be acknowledged within the proposal response.

Notice Provided Notice of this solicitation has been provided in accordance with N.D.C.C. § 54-44.4-09.

Letter of Interest Agencies interested in receiving any notices related to this RFP are invited to contact the Purchasing Officer with the name of their Agency, contact person’s mailing address, telephone number, fax number, and e-mail address. The sole purpose of the letter of interest is to provide NDSCS with a contact person to receive any notices related to the RFP. Submission of a letter of interest is not a requirement for submitting a proposal.

Section Two - Background Information

College Background Information The North Dakota State College of Science is a comprehensive, associate degree-granting college founded on a tradition of quality and integrity. We deliver learner-focused education through a unique and evolving collegiate experience. Using innovative delivery strategies, NDSCS anticipates and responds to statewide and regional needs by providing access to occupational/technical programs, transfer programs, and workforce training.

At NDSCS, students gain real-world skills working with new technologies and equipment and learning from experts who have gained their experience in the real world. Most importantly, graduates are prepared to jump right into it with a challenging, high-paying and rewarding career.

Founded in 1903, NDSCS is one of the oldest two-year, comprehensive, residential colleges in the nation. The main campus is located in Wahpeton, N.D. A second location, NDSCS-Fargo, is located on 19th Avenue North in Fargo, N.D. A historical timeline of NDSCS can be found at https://www.ndscs.edu/about-ndscs/history.

NDSCS offers associate degrees, certificates and diplomas in traditional career and technical studies as well as the liberal arts. The College also offers a variety of distance education and online courses.

It is the commitment of the North Dakota State College of Science to provide quality instruction and service, consistent with the highest standards of education.

Student Life NDSCS offers a complete collegiate experience including outstanding academics, residence halls and a vibrant campus life with student clubs and organizations, fine arts and athletics.

Quick Facts:

· Locations: Wahpeton, Fargo, Career Innovation Center, and Online

· Enrollment: 3,140 (fall 2023)

· Academic Programs: 100 Career Pathways (38 Associate Degree Options, 8 Diploma Options, 16 Certificate Options)

· Placement Rate: 97% (2022 graduates)

· Activities: 30+ student clubs and organizations

· Athletics: Volleyball, Football, Men's and Women's Basketball, Softball, Baseball

· Housing: 71.5% of full-time, Wahpeton-based students live on campus

· Alumni: 38,000 active alumni

Project Background NDSCS currently uses Vestis for uniform services. Expenses for Fiscal Year 25 are listed below for each department. These figures are not guaranteed and are provided for information only.

The following Departments currently use services with estimated annual spend:

Diesel Technology - $117,399.49; Automotive - $20,634.37 Approximate students currently using uniforms: 360 students per year.

Budget NDSCS has not established a budget for this contract.

Section Three - Scope and Schedule

Purpose of the RFP NDSCS is seeking sealed proposals for a vendor to provide student and faculty uniform services at NDSCS College, Wahpeton, ND. Additionally, Offeror are requested to provide entry way floor mats.

Qualifications The Offeror must have a minimum of 5 years experience completed the specified services in the Scope of Project.

Scope of Work The services the selected Offeror will be expected to provide under the contract upon request of NDSCS, will include, but are not limited to, the following:

See Section 6.1.4 - Responses to Scope of Work.

Uniform Criteria See Section 6.1.5 - Responses to Uniform Criteria.

Entry Mat Criteria See Section 6.1.6 - Responses to Entry Mat Criteria.

Implementation Timeline & Strategy Full implementation, garments need to be on site by August 21, 2026. Sizing will need to take place at all NDSCS scheduled Student Registration days in April – August of 2026.

Price The price is all-inclusive. North Dakota State College of Science will not be responsible for cost not included in the proposal.

Location of Work The work is to be performed, completed, and managed both on and off the NDSCS College Campus, Wahpeton, ND. The Offeror should include in their proposal: transportation, lodging, and per diem costs sufficient to complete the scope of work.

Required Licenses At the time specified by the deadline for submission of proposals, the Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive.

Federal Requirements The Offeror must identify all known requirements that apply to the proposal, the evaluation, or the contract, including, but not limited to:

All digital resources purchased by NDSCS must comply with the standards defined in the Federal Rehabilitation Act, Section 508 and applicable state and federal laws regarding accessibility of digital information for individuals with disabilities.

References Offerors must furnish information on similar projects that they have done. References should include the names of contact persons and their phone numbers.

Section Four - General Contract Information

Contract Type Firm Fixed Price with Adjustment. The contractor will be required to hold the price firm during the first 12 months, except as otherwise provided in the contract. During this period, no price increases will be allowed, and the contractor must notify the NDSCS immediately of any price decreases. After the completion of the firm fixed period, the contractor may make a written request to the NDSCS for a price increase for the renewal term at the time of annual renewal. The request must include the basis for the cost increase, such as evidence that the price increase applies to all customers. NDSCS must approve, deny, or negotiate the requested price increase within 30 days. Any price changes will be set forth in a written amendment to the contract.

Term of Contract The term of this contract will be for one (1) year, with annual review. The contract can be renewed on an annual basis for an additional nine (9) years upon mutual agreement of the parties (10 years total contract). Option for annual renewal will be contingent on (1) mutual agreement to renew, (2) prices at time of renewal, (3) the Offeror’s performance, and (4) quality of product. Any price increases would need to be submitted in advance and include supporting documentation.

Annual Extension of Contract.

If the Offeror wishes to extend for another year, they must submit new annual pricing no later than 30 days before the contract expiration date. A new signed NDSCS service contract, insurance certificate form the Offeror’s insurances agent, and letter of endorsement from the Offeror’s insurance company (not the insurance agent) will be required before a contract extension is issued by NDSCS.

Payment Terms Payment will be made within thirty days after receipt of a correct invoice. All invoices and payment inquires must be directed via mail to: jenny.schmitt@ndscs.edu

Attn: Diesel Department North Dakota State College of Science 800 6th Street North Wahpeton, ND 58076-0001

Prepayment – NDSCS will not make any advance payments before performance by the Offeror under this Contract.

Prompt Payment Discount Terms offered by the Offeror may be taken by NDSCS if payment is made within the specified terms.

Purchasing Card Payment will be made with a Purchase/Credit Card and the Offeror agrees to not apply or pass on any additional fee associated with the use of a credit card purchase to NDSCS.

Pricing Pricing under this Contract will be as follows:

Pricing, Firm-Fixed with Adjustment Provisions. The total proposal 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 will be firm for the first 12 months of the Contract period, after which time the Offeror may submit a request for a price increase to the Purchasing Officer. Requests for a price increase or decrease must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. NDSCS reserves the right to accept or reject, within 30 days, or cancel the Contract. The price changes will become effective as set forth in a written amendment to the Contract. All shipments are to be billed at prices in effect at the time of the order, not the date the shipment is made.

Consideration NDSCS agrees to pay the Offeror as follows: within (Thirty) 30 days of receipt of invoices and statement from the Offeror.

Taxes and Taxpayer Identification The Offeror will provide its federal employer ID number to NDSCS before any payments will be made by NDSCS.

An Offeror 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 material and supplies used or consumed in carrying out contracts. In these cases, the Offeror is required to file returns and pay sales and use tax just as required for contracts with private parties.

An Offeror 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 Offeror. In the case of employees performing the services in the state, the Offeror 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 web site for more information.

Travel The Offeror acknowledges travel costs are covered by the Contractual Amount and will not invoice NDSCS for travel costs. Should additional travel be required, it must be agreed upon prior to travel by the Offeror and NDSCS.

Time is of the Essence The Offeror hereby acknowledges that time is of the essence for performance under this contract unless otherwise agreed to in writing by the parties.

Request for Proposal as Part of the Contract Part or all of this RFP and the successful proposal may be incorporated into the contract.

Security Any security needs deemed necessary by a department or facility must be met by the Offeror, including but not limited to, such things as adding manufacturer security option packages to designated equipment; specialized security alterations to designated equipment; security clearances for drivers, set-up and installation people and service personnel. There may also be a requirement for “no split loads.” Trucks and personnel may be searched at any time while on NDSCS property. The contract shall comply with any and all security requirements as listed here in, and any others deemed necessary by a department or facility.

Delivery Equipment must be delivered at no extra cost and is the Offeror’s responsibility to provide any and all required equipment in offloading of the order. Delivery dates will be arranged in advance with the Offeror and the ordering department. The equipment must be delivered and placed in the area requested by NDSCS. The Offeror is responsible for any damage to the building/facility during delivery and installation. The Offeror must confirm the day and time for delivery. Liability of the product will remain with the Offeror until equipment is properly delivered and signed for by NDSCS. The Offeror shall be responsible for the delivery of material in first class condition at the point of delivery and in accordance with good commercial practices. Equipment and accessories furnished will be new and will be guaranteed against any defects due to faulty material and/or workmanship. The Offeror is responsible for cleanup after installation and must dispose of all cardboard trash and packaging materials, etc.

The Offeror will deliver commodities and services ordered under this Contract as follows:

Delivery is required by the date indicated on the cover sheet of this solicitation.

Unless otherwise indicated, orders are to ship complete.

If delivery requirements cannot be met within the specified time, the Offeror must notify NDSCS in writing of the delay and the approximate date delivery may be expected.

Returns NDSCS shall not accept the delivery of any product that is visibly damaged. Product will be inspected upon receipt of delivery. If a product fails inspection by the receiving facility, the product will be rejected, and the Offeror must replace it immediately at no additional cost to NDSCS.

Post Warranty Repair Repair services are a component of this contract and Offerors must be able to provide access to repair and maintenance services through their billing department only for repairs to equipment they have sold. Any Offeror providing service may not add additional fees for processing payments to subcontractors providing the repair service.

Termination of Contract

a) Termination without cause. This Contract may be terminated by mutual consent of both parties, or by either party upon 30 days' written notice.

b) Early Termination in the Public Interest. NDSCS is entering into this Contract for the purpose of carrying out the public policy of the North Dakota State College of Science, as determined by its governor, its legislative assembly, the State Board of Higher Education, and its courts. If this Contract ceases to further the public policy of NDSCS, in its sole discretion, NDSCS may terminate this Contract in whole or in part by written notice to the Offeror.

c) Termination for Lack of Funding or Authority. NDSCS by written notice to the Offeror, may terminate the whole or any part of this Contract under any of the following conditions:

i. 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.

ii. 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.

iii. 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.

iv. Further, continuation of this Contract beyond June 30 of any odd-numbered year is contingent on continued legislative appropriation of funds for the purposes of this Agreement. If those appropriations are not forthcoming, NDSCS will notify the Offeror as soon as possible and the Contract will terminate on June 30 of that year. NDSCS will not be penalized or incur any liability because of termination of this Contract as provided in this subsection.

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

vi. NDSCS may also terminate this Agreement if at the end of a State biennial period; the North Dakota State Legislature has not appropriated sufficient funds in the next biennium for the payment(s). The above remedies are in addition to any other remedies provided by law or the terms of the agreement.

d) Termination for Cause. NDSCS may terminate this Contract effective upon delivery of written notice to the Offeror, or any later date stated in the notice:

i. 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.

ii. If the Offeror fails to provide services required by this Contract within the time specified or any extension agreed to by NDSCS; or

iii. If the Offeror 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.

iv. The rights and remedies of NDSCS provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

e) Termination, Deliveries. If the Contract is terminated for any reason, the Offeror is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by NDSCS.

Force Majeure Neither Party shall be held responsible for delay or default caused by fire, riot, terrorism, pandemic (excluding COVID-19), acts of God, or war if the event was not foreseeable through the exercise of reasonable diligence by the affected Party, the event is beyond the Party’s reasonable control, and the affected Party gives notice to the other Party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default. If Offeror is the affected Party and does not resume performance within fifteen (15) days or another period agreed between the Parties, then NDSCS may seek all available remedies, up to and including termination of this contract pursuant to its Termination Section, and NDSCS shall be entitled to a pro-rata refund of any amounts paid for which the full value has not been realized, including amounts paid toward software subscriptions, maintenance, or licenses.

Indemnification The North Dakota State College of Science (NDSCS) and Offeror each agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorneys' fees which may in any manner result from or arise out of this agreement.

Insurance Requirements See the attached sample service contract for full and liability insurance requirements.

a) Copy of proof of general liability insurance and automobile liability coverage is required from the insurance agent listing NDSCS as an “additional insured.”

AN “ADDITIONAL INSURED” ENDORSEMENT IS REQUIRED. The Offeror’s local insurance agency must furnish a certificate of insurance. The INSURANCE Company that provides the insurance (not the local agency) must provide an endorsement to NDSCS prior to the start of the work.

b) The Offeror who is awarded the proposal will be required to sign a Service Contract prior to starting any work (sample copy is in included with the specifications).

c) Winning Offeror is responsible for working with the City of Wahpeton for license/permit requirements.

Works for Hire The Offeror acknowledges that all work(s) under this Contract is a "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to NDSCS all rights and interests the Offeror may have in the work(s) it prepares under this Contract, including any right to derivative use of the work(s). All software and related materials developed by the Offeror in performance of this Contract for NDSCS will be the sole property of NDSCS, and the Offeror hereby assigns and transfers all its right, title, and interest therein to NDSCS. The Offeror will execute all necessary documents to enable NDSCS to protect NDSCS’s intellectual property rights under this section.

Work Product, Equipment and Materials All work product, equipment, or materials created for NDSCS or purchased by NDSCS under this Contract belong to NDSCS and must be immediately delivered to NDSCS at NDSCS’s request upon termination of this Contract.

Confidentiality The Offeror will not use or disclose any information it receives from NDSCS under this Contract that NDSCS 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 NDSCS. NDSCS will not disclose any information it receives from the Offeror that the Offeror has previously identified as confidential and that NDSCS determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota public records law, N.D.C.C. ch. 44-04. The duty of NDSCS and the Offeror to maintain confidentiality of information under this section continues beyond the term of this Contract.

Inspection and Investigations NDSCS reserves the right to conduct inspections and investigations related to the Offeror and the 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 requirements and responsibility of the Offeror. All material and workmanship will be subject to inspection and testing by NDSCS either at the point of manufacturer, place of storage, or upon receipt.

Compliance with Public Records Law Under the North Dakota public records law and subject to the Confidentiality clause of this Contract, certain records may be open to the public upon request. Public records may include: (a) records NDSCS receives from Offeror under this Contract, (b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract. Offeror agrees to contact NDSCS immediately upon receiving a request for information under the public records law and to comply with NDSCS’s instructions on how to respond to such request.

Independent Entity Offeror is an independent entity under this Contract and is not a NDSCS employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. Offeror retains sole and absolute discretion in the manner and means of carrying out Offeror’s activities and responsibilities under this Contract, except to the extent specified in this Contract.

Project Staffing Prior to start of projects, NDSCS and Offeror will review schedules and required staffing.

The Offeror will provide a list of all Registered Sex Offenders that will be working on NDSCS property prior to the start of the project. NDSCS reserves the right to restrict the access of individuals, registered as sex offenders, to NDSCS buildings & NDSCS property.

NDSCS reserves the right to approve or disapprove of workers assigned to perform work. The owner expects quality work and work to be expedited in a timely and efficient manner. Consideration will be given to past performance, ability to meet timelines, general cooperation, knowledge and expertise of those individuals who will be part of the project team. SKILLS ASSOCIATED WITH THE VARIOUS TRADES LEVEL MUST BE COMPARABLE TO THAT LEVEL. OWNER RESERVES THE RIGHT TO EVALUATE WORKER PERFORMANCE AS RELATED TO THE SKILL LEVEL.

Ownership And Publication of Materials All material and other information generated under this contract shall be the sole property of NDSCS and such material shall be considered a work for hire under the copyright act. The Consultant has the right to retain copies of the materials or information generated under this Agreement.

Assignments and Subcontractors Offeror may not assign or otherwise transfer or delegate any right or duty without NDSCS’s express written consent, provided, however, that Offeror may assign its rights and obligations hereunder in the event of a change of control or sale of all or substantially all of its assets related to this Contract, whether by merger, reorganization, operation of law, or otherwise. Should Assignee be a business or entity with whom NDSCS is prohibited from conducting business, NDSCS shall have the right to terminate in accordance with the Termination for Cause section of this Contract.

Offeror may enter subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. Offeror is solely responsible for the performance of any subcontractor with whom Offeror contracts. Offeror does not have authority to contract for or incur obligations on behalf of NDSCS.

Spoliation – Preservation of Evidence.

The Offeror agrees to promptly notify NDSCS of all potential claims which arise from or result from this Contract. Offeror further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant NDSCS the opportunity to review and inspect such evidence, including the scene of the accident.

Severability If any term of this Contract is declared to be illegal or unenforceable by a court having competent jurisdiction, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the Parties are to be construed and enforced as if this Contract did not contain that term.

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 Southeast Judicial District Court of Richland County, North Dakota. NDSCS does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. NDSCS does not waive any right to a jury trial.

Non-Discrimination The Offeror agrees that under State and federal law, no part of this Agreement shall be performed in a manner which illegally discriminates against any person on the basis of age, color, gender identity/expression, genetic information, marital status, national or ethnic origin, mental or physical disability, public assistance status, race, religion, sex, sexual orientation, familial or parental status, status as a U.S. veteran/service member, or participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business related interests of the employer. This non-discrimination statement applies to all phases of NDSCS’s employment process, admissions, financial aid programs and all other aspects of its educational programs and activities. Furthermore, this non-discrimination statement applies to sexual harassment and sexual violence (forms of sexual discrimination) if such conduct has a negative effect on an individual’s educational or work environment, regardless if such conduct occurs on or off campus.

The Offeror is prohibited from boycotting Israel for the duration of this Contract. (See N.D.C.C § 54-44.4-15.) The Offeror represents that it does not and will not engage in a boycotting Israel during the term of this Contract. If NDSCS receives evidence that the Offeror boycotts Israel, NDSCS 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 the Offeror has fewer than ten full-time employees.

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

Audit Pursuant to N.D.C.C. § 54-10-19, all records, regardless of physical form, and the accounting practices and procedures of Offeror relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. Offeror shall maintain these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. NDSCS, State Auditor, or Auditor’s designee shall provide reasonable notice to Offeror prior to conducting examination.

On-Campus Parking All Offeror’s personnel, delivery persons, and vendors parking on campus are required to obtain a NDSCS parking permit while conducting business at NDSCS. It is the responsibility of the Offeror to have its driver’s park legally and obey all parking restrictions on campus.

On-Campus Notification The Offeror shall keep NDSCS informed of where the Offeror’s personal will be while on campus and when they will be on campus, including date(s) and arrival and departure times. The Offeror may contact NDSCS Facilities Management by phone 701-671-2313, email ndscs.fm@ndscs.edu, or by stopping at the Patterson Maintenance Center, 1245 7th St N, Wahpeton, ND

Safety Requirements The Offeror shall keep informed of and comply with all federal, state, and local laws, regulations, and other legal requirements governing the safety, health, sanitation, and performance of the contract in general. In addition, the Offeror shall provide, inspect, and maintain all safeguards, safety devices, protective equipment, safety programs, and other needed actions the Offeror determines necessary to reasonably protect the life, health, and property of the Offeror, subcontractor, State, public and each of the employees, officers, assigns, and agents of the Offeror, subcontractors, and State, in connection with the performance of work resulting from or arising out of the contract.

NDSCS will advise the Offeror if the Offeror is required to submit a copy of their written safety program to be used as guidelines and direction for the Offeror's and subcontractors' activities. This program must meet all federal, state and local laws, regulations and other legal requirements and include the following minimum provisions: (1) a worksite safety policy and mission statement; (2) assigned responsibilities among management, supervisors and employees; (3) a system for periodic self-inspections, including inspections of job sites, materials, work performance and equipment; (4) a thorough accident and injury reporting and investigation process; (5) a safety orientation program including first aid, medical attention, emergency facilities, fire protection and prevention, housekeeping, illumination, sanitation, personal protective equipment, and occupational noise exposure; and (6) a safety training program including safety "tool box" meetings and other systems for ongoing training and also including training for employees on the recognition, avoidance and prevention of unsafe conditions.

It will be a condition of the Contract, and shall be made a condition of each subcontract entered into pursuant to that Contract, that the State is assuming no liability relating to its receipt and review of the Offeror's safety plan or activities. Safety remains the responsibility of the Offeror. Furthermore, the right of the State to receive and review the safety plan or activities shall not give rise to a duty on the part of the State to exercise this right for the benefit of the Offeror or any other person or entity.

Contract Amendment Any changes to this Contract (i.e., substitution of product or a price adjustment) will require the prior written approval of each party.

Relationship of Parties It is mutually agreed the Offeror is an independent Offeror and not an employee of NDSCS for purposes of this agreement. It is understood that the Offeror is not subject to the supervision and control of NDSCS. No agency, employment or partnership is created by this Agreement. Each of the parties will be solely and entirely responsible for its own acts and/or the acts of its employees or agents. No benefits provided by NDSCS to its employees, including unemployment and workers' compensation insurance, will be provided to the Offeror or his/her/its employees.

Clery Act Notification The Owner has an obligation to make information available to the campus on where to get information about Registered Sex Offenders who are working on State Institution property. Offeror is, therefore, obligated to inform the Campus Police or Security Office or other appropriate campus office, in advance of its employees being on State Institution property, of any employee who is a Registered Sex Offender. This obligation includes property owned or controlled by the institution that is at locations other than the main campus.

Access to Records.

The Offeror shall adequately account for and maintain reasonable records for his performance under this Agreement and allow access to these records by NDSCS, the ND State Auditor or their agents as may be necessary for audit purposes and in determining compliance with the terms of this Agreement. The Offeror shall submit a record of expenditures incurred for the performance and completion of this agreement. NDSCS may verify all expenditure receipts and disperse funds in an amount equal to the approved expenditures. The Offeror must retain all records pertaining to this Agreement for a period of three years from the completion date of this Agreement. If any litigation, claim or audit is started before the expiration of the three-year period, the records must be retained until the litigation, claim or audit findings have been resolved.

Federal Requirements All digital resources purchased by NDSCS must comply with the standards defined in the Federal Rehabilitation Act Section 508 and applicable state and federal laws regarding accessibility of digital information for individuals with disabilities.

Modification This Contract, including the following documents, constitutes the entire agreement between the Parties. There are no understandings, agreements, or representations, oral or written, not specified within this Contract. This Contract may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both Parties.

Notice All notices relating to this Agreement will be in writing and given to the contact person at the address provided for in the Agreement.

Tobacco Policy NDSCS prohibits the use of tobacco on campus property at all times. This prohibition includes indoors, outdoors, college vehicles, and/or personal vehicles while on campus. This policy applies to all employees, students, and visitors. This policy will be reflected in all agreements/contracts for use of NDSCS grounds or property by individuals and/or companies.

Tobacco usage includes all tobacco products, including, but not limited to cigarettes, cigars, pipes, e-cigarettes, chewing tobacco, snuff, smokeless pouches, and other forms of loose-leaf tobacco.

Binding Contract After the RFP has been awarded, a contract, purchase order, or P-Card will be issued between the Offeror and NDSCS. Any oral agreement or arrangement by a Offeror with a NDSCS employee will have no force or effect unless reduced to writing. NDSCS reserves the right to negotiate, in the Service Contract, the hourly rates and material costs to be applied in the event of any change orders.

NDUS Contract Within the Offeror’s service area and at the individual institutions’ discretion, the allowance of this agreement’s rates and services may be used by other North Dakota University System colleges and universities statewide.

Additional Terms and Conditions NDSCS reserves the right to add, delete, or modify terms and conditions during Contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations.

Standard Contract Provisions The successful Offeror will be required to sign and submit the Service Contract attached to this RFP. The Offeror must comply with the Contract provisions set out in this Service Contract. Any objections to the Contract provisions must be set out in the Offeror’s proposal.