25-014+-RFP+-+Firefighter+Training+Facility.pdf

RFP No: 25-014 – Firefighter Training Facility Due: September 23, 2025 at 3:00 PM CT

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

Request for Proposal No. 25-014 Firefighter Training Facility

To: Firefighter Training Facilities Vendors

From: Kari Hasbargen

Assistant Director of Facilities Management

Date: September 5, 2025

RE: Request for Proposal No. 25-014 – Firefighter Training Facility

Due: September 23, 2025, at 3:00 PM CT

North Dakota State College of Science (NDSCS) is requesting sealed proposals to establish and award a contract to design, construct, and install a Firefighter Training Facility at NDSCS Campus, Wahpeton, ND.

Proposals must be submitted electronically on the ND State Procurement website. Proposals must be received before 3:00 PM CT, September 23, 2025.

Please read the enclosed insurance and indemnity requirements in the NDSCS Service Contract that is included with the RFP information. Only the Offeror(s) awarded the work will be required to sign a service contract and provide proof of insurance, after the RFP is awarded and before any work can be done.

If the successful Offeror requires NDSCS to sign their own contract, a copy of the contract must be submitted with proposal.

The location of the proposal opening will be in Conference Room # 116, Patterson Maintenance Center, North Dakota State College of Science, 1245 7th Street North, Wahpeton, ND 58076.

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.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

Table of Contents

Table of Contents Section One - Offeror Instructions

1.0 Proposal Documents

1.1 Contact Person, Telephone, E-mail

1.2 RFP Schedule

1.3 Proposal Submission Instructions

1.4 Assistance to Offerors with a Disability

1.5 Deadline for Receipt of Questions and Objections

1.6 Secretary of State Registration Requirements

1.7 Bidders List

1.8 Amendments to the RFP

1.9 Addenda

1.10 Notice Provided

1.11 Letter of Interest

Section Two - Background Information

2.0 College Background Information

2.1 Project Background

2.2 Budget

Section Three - Scope and Schedule

3.0 Purpose of the RFP

3.1 Qualifications

3.2 Scope of Project

3.3 Specifications

3.4 NDSCS Project Responsibility

3.5 Price

3.6 Location of Work

3.7 Required Licenses

3.8 Federal Requirements

3.9 References

Section Four - General Contract Information

4.0 Contract Type

4.1 Term of Contract

4.2 Payment Terms

4.3 Purchasing Card

4.4 Pricing

4.5 Consideration

4.6 Taxes and Taxpayer Identification

4.7 Travel

4.8 Time is of the Essence

4.9 Request for Proposal as Part of the Contract

4.10 Security

4.11 Delivery

4.12 Returns

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

4.13 Post Warranty Repair

4.14 Termination of Contract

4.15 Force Majeure

4.16 Indemnification

4.17 Insurance Requirements

4.18 Works for Hire

4.19 Work Product, Equipment and Materials

4.20 Confidentiality

4.21 Inspection and Investigations

4.22 Compliance with Public Records Law

4.23 Independent Entity

4.24 Project Staffing

4.25 Ownership And Publication of Materials

4.26 Assignments and Subcontractors

4.27 Spoliation – Preservation of Evidence

4.28 Severability

4.29 Applicable Law and Venue

4.30 Non-Discrimination

4.31 Audit

4.32 On-Campus Parking

4.33 On-Campus Notification

4.34 Safety Requirements

4.35 Contract Amendment

4.36 Relationship of Parties

4.37 Clery Act Notification

4.38 Access to Records

4.39 Federal Requirements

4.40 Modification

4.41 Notice

4.42 Tobacco Policy

4.43 Binding Contract

4.44 NDUS Contract

4.45 Additional Terms and Conditions

4.46 Standard Contract Provisions

Section Five - Evaluation Criteria and Offer Selection

5.0 Evaluation Criteria and Award

5.1 Supplementary Information

5.2 Prompt Payment Discount

5.3 Award – Tie Proposal Response Preference

Section Six - Proposal Format and Content

6.0 Proposal Format and Content

6.1 Technical Proposal Requirements and Organization

6.2 Cost Proposal Requirements and Organization

6.3 Required Enclosures

Section Seven - Standard Proposal Information

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

7.0 Additional Terms

7.1 Supplemental Terms and Conditions

7.2 Authorized Signature

7.3 Non-Collusion

7.4 NDSCS Not Responsible for Preparation Costs

7.5 Supplied Materials

7.6 Conflict of Interest

7.7 Offeror’s Certification

7.8 Offer Held Firm

7.9 Amendments to Proposals and withdrawals of Proposals

7.10 Alternate Proposals

7.11 Corrections

7.12 Subcontractor

7.13 Joint Ventures

7.14 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Laws

7.15 Proposal Opening

7.16 Late Proposals

7.17 Evaluation of Proposals

7.18 Award

7.19 Right of Rejection

7.20 Minor Informalities

7.21 Clarification of Offers

7.22 Discussions and Best and Final Offers

7.23 Negotiations

7.24 Failure to Negotiate

7.25 Prices, Currency

7.26 Pricing (Unit and Total Pricing)

7.27 Taxes

7.28 Specifications, Brand Name or Equivalent

7.29 Specifications, Compliance

7.30 Notice of Intent to Award – Offeror Notification of Selection

Attachment A - NDSCS – Wahpeton, ND Campus Map Appendix A - Signature Page Contractor Services Agreement - Draft

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

Section One - Offeror Instructions

1.0 Proposal Documents

It is the sole responsibility of 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.

1.1 Contact Person, Telephone, E-mail

The Purchasing Officer or the Assistant Director of Facilities Management are the points 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

1.2 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: September 5, 2025

• Deadline for receipt of questions and objections related to the RFP: September 11, 2025, 12:00 PM CT

• Responses to questions / RFP amendments (if required): September 15, 2025

• Proposals due by: September 23, 2025, 3:00 PM CT

• NDSCS issues Notice of Intent to Award a Contract approximately: TBD mailto:kari.hasbargen@ndscs.edu

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

1.3 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.

1.4 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.

1.5 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.

mailto:infospo@nd.gov https://apps.nd.gov/csd/spo/services/bidder/main.htm mailto:infospo@nd.gov mailto:infospo@nd.gov https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

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.

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 (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.

1.7 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.

1.8 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.

https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/vendor-reg-guidelines.pdf https://www.omb.nd.gov/doing-business-state https://firststop.sos.nd.gov/search/business https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-reports-forms-and-licenses https://www.omb.nd.gov/doing-business-state/procurement/bidders-list-registration-and-maintenance mailto:infospo@nd.gov

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

1.9 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.

1.10 Notice Provided

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

1.11 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.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

Section Two - Background Information

2.0 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.

Approximately 97% of 2022 graduates are employed or pursuing additional college education.

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:

• Founded: 1903 (second oldest public two-year college in the country)

• Locations: Wahpeton, Fargo, Online, Career Innovation Center

• 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

• Nickname: Wildcats

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

• Alumni: 38,000 active alumni

2.1 Project Background

The North Dakota State College of Science (NDSCS) Fire Science Program was established to meet the growing need for highly skilled and professionally trained firefighters across the state. The program officially launched in 2023 and is currently entering its second year. It was designed with a strong balance of academic rigor, hands-https://www.ndscs.edu/about-ndscs/history

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 on experience, and industry partnerships to ensure students graduate with both the technical expertise and the real-world readiness required by today’s fire service.

Enrollment has shown steady growth since the program’s inception. In its first year, the program served 17 students, and that number is expected to increase each year as awareness spreads among high school graduates, CTE centers, and fire departments across the state. The program has also secured partnerships with the Fargo and West Fargo Fire Academies, as well as multiple sponsoring fire departments, which provide gear, training, and mentorship opportunities to our students. These partnerships not only strengthen the program’s reach but also directly benefit the communities that rely on volunteer and career firefighters.

The need for investment in training facilities and equipment is urgent. Fire departments across North Dakota are experiencing critically low volunteer numbers, while the demand for qualified, well-trained firefighters continues to rise. To ensure students are receiving instruction that aligns with NFPA standards (Firefighter I, Firefighter II, and HazMat Operations), as well as current best practices, the program must have access to modern, safe, and realistic training environments. While classroom and online instruction provide the academic foundation, it is the hands-on training that truly prepares students to serve effectively and safely.

This proposal reflects the program’s commitment to building a sustainable pipeline of firefighters for North Dakota communities. By securing the resources outlined in this request, the Fire Science Program will be able to expand enrollment capacity, meet industry standards, and strengthen its role in supporting both local and statewide emergency response readiness

2.2 Budget

NDSCS has established a Not to Exceed budget of $190,000.00.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Section Three - Scope and Schedule

3.0 Purpose of the RFP

The North Dakota State College of Science (NDSCS) is seeking proposals from qualified vendors to design, construct, and deliver a Firefighter Training Facility built from repurposed shipping containers. This facility will provide realistic, safe, and durable training environments for firefighter education and certification exercises.

3.1 Qualifications

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

3.2 Scope of Project

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:

3.2.1 The project consists of the design, fabrication, and installation of a multi-container training structure and integrated training props. NDSCS is relying on Offerors to use their expertise to design a facility with the most training opportunities while staying within the project not to exceed budget. Proposals over the budgeted amount may not be accepted.

3.2.2 The project must be built to meet or exceed NFPA Engineered Certificate 1403 (Standard on Facilities for Fire Training and Associated Props).

3.2.3 The proposed facility will support training in live fire evolutions, search and rescue, hose advancement, ventilation, forcible entry, and other firefighter tactical skills.

3.2.4 The proposed facility should have the ability to be added to for future expansion.

3.2.5 Project completion is preferred by August 1, 2026, or before. Offerors must provide a guaranteed completion date if different from the preferred completion date. Completion dates after 12/31/26 may not be accepted.

3.3 Specifications

The Offeror must design a Firefighter Training Facility incorporating at a minimum the following specifications:

3.3.1 Facility Structure:

3.3.1.1 One (1) 40-foot shipping container (ground level)

3.3.1.2 One (1) 20-foot shipping container (stacked above)

3.3.1.3 Containers structurally reinforced, secured, and welded as required.

3.3.1.4 Exterior painted black with red accents.

3.3.1.5 Site preparation and installation in accordance with PE-stamped plans.

3.3.1.6 NFPA 1402 certification required.

3.3.2 Core Training Features – Burn Room:

3.3.2.1 One (1) 8’ x 8’ burn room

3.3.2.2 Insulated to withstand up to 2,400°F

3.3.2.3 Includes air control vents, steel floor, and steel burn shell

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

3.3.3 Overhead Hallway Props:

3.3.3.1 One (1) 4’ x 10’ hallway prop overhead hallway burn prop with real 2x4/drywall ceiling:

3.3.3.2 Quick jig setup

3.3.3.3 Supports fire extension and TIC operations

3.3.4 Door Forcible Entry Prop:

3.3.4.1 Inward & outward opening

3.3.4.2 Flexible/crush section training door

3.3.4.3 Multi-level locking

3.3.4.4 Built-in rebar/hinge cutting tree

3.3.4.5 Drop bar & panic bar cut-through capable with add-on packages

3.3.5 Doors:

3.3.5.1 fire-rated exterior doors (inward/outward opening, lockable)

3.3.6 Stairs:

3.3.6.1 One (1) straight-run stair system

3.3.6.2 PE-designed, stamped, fabricated to support firefighting tactical loads

3.3.7 APEX Roof Prop:

3.3.7.1 8’ x 8’ cut area

3.3.7.2 Accepts 2x4, 2x6, 2x10 joists with quick pins

3.3.7.3 Modular construction

3.3.7.4 Configurable roof pitches (flat to 16:12)

3.3.7.5 Drywall punch-through capabilities

3.4 NDSCS Project Responsibility

NDSCS will be responsible for site development and concrete work.

3.5 Price

The price is all-inclusive. North Dakota State College of Science will not be responsible for cost not included in the proposal. Proposals over the budgeted amount may not be accepted.

3.6 Location of Work

The work is to be performed, completed, and managed both on and off the NDSCS-Wahpeton Campus, 800 6th Street N, Wahpeton, ND 58076. The Offeror should include in their proposal: transportation, lodging, and per diem costs sufficient to complete the scope of work.

3.7 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.

3.8 Federal Requirements

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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

3.8.1 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.

3.9 References

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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

Section Four - General Contract Information

4.0 Contract Type

Firm Fixed Price. The contractor will be required to hold the price firm for the contract period, except as otherwise provided in the contract.

4.1 Term of Contract

The term of this contract will be for the duration of the project.

4.2 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: ndscs.fm@ndscs.edu

Attn: Facilities Management 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.

4.3 Purchasing Card

Preferred payment method is with a Purchase/Credit Card. Offeror agrees to not apply or pass on any additional fee associated with the use of a credit card purchase to NDSCS.

4.4 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.

4.5 Consideration

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

4.6 Taxes and Taxpayer Identification

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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

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.

4.7 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.

4.8 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.

4.9 Request for Proposal as Part of the Contract

Part or all of this RFP and the successful proposal may be incorporated into the contract.

4.10 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.

4.11 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:

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

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

4.11.2 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.

4.12 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.

4.13 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.

4.14 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:

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

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.

4.15 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.

4.16 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.

4.17 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.

4.18 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.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

4.19 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.

4.20 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.

4.21 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.

4.22 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.

4.23 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.

4.24 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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211

COMPARABLE TO THAT LEVEL. OWNER RESERVES THE RIGHT TO EVALUATE WORKER

PERFORMANCE AS RELATED TO THE SKILL LEVEL.

4.25 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.

4.26 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.

4.27 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.

4.28 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.

4.29 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.

4.30 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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 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.

4.31 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.

4.32 On-Campus Parking

All Offeror’s personnel, delivery persons, and vendors parking on campus are required to obtain a…