26-019 IFB - High Pressure Boiler Welding.docx

North Dakota State College of Science 800 6th Street North Wahpeton, North Dakota 58076 iNVITATION fOR bID (ifb) IFB Title: High Pressure Boiler Welding IFB Number: NDSCS26-019 IFB Information Purpose of the IFB North Dakota State College of Science (NDSCS) is soliciting Bid Responses for a Time and Materials contract to provide high pressure boiler welding and other related boiler services as requested by NDSCS.

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

The approximate IFB schedule is as follows:

· IFB issued: October 14, 2026

· Deadline for submission of Questions and Objections: October 21, 2026, at 12:00 PM, CT

· Solicitation Amendment responding to Questions issued approximately: October 23, 2026

· Deadline for receipt of Bid Response (Solicitation Closing): November 4, 2026, at 2:00 PM, CT

· Contract start approximately: February 8, 2027 Procurement Officer Contact Information The Procurement Officer is the point of contact for this IFB. Offerors shall direct all communications regarding this IFB to the Procurement Officer. Do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Jen Steinborn EMAIL: jennifer.steinborn@ndscs.edu

PHONE: 701-671-2428

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

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. (N.D.A.C. § 4-12-05-04(7)) Pre-bid Conference or Site Inspection NDSCS will not hold a pre-bid site inspection for this IFB.

Amendments to the IFB Any amendments issued for this IFB shall be included in the Bid Response and will be a part of the contract. An amendment may require the Offeror to acknowledge receipt of the amendment within the bid response. See individual amendments for their specific acknowledgement instructions.

If an amendment to this IFB is issued, it will be provided to all Offerors on the suppliers list for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the IFB.

NOTE: If an amendment (i.e., a new round) is issued for the solicitation on NDBuys and an Offeror has already submitted a response to the solicitation before the amendment was posted, the same response or a revised response will need to be submitted in response to the amendment to remain under consideration.

Deadline for Questions and Objections Offerors should carefully review the IFB including all attachments. Offerors may ask questions to obtain clarification, request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB schedule:

1) Offerors may submit questions within NDBuys using the “Discussions Tab” in the system (see the OMB website for a quick reference guide); or

2) Offerors may email the question directly to the Procurement Officer.

The Procurement Officer may elect to respond to questions received after the deadline. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response receipt deadline – Solicitation Closing.

Questions and objections should include a reference to the applicable IFB section or subsection.

Responses to questions and requests for clarifications will be distributed as a solicitation amendment unless the question can be answered by referring the offeror to a specific section of the IFB.

NOTE: If an amendment (i.e., a new round) is issued for the solicitation on NDBuys and an Offeror has already submitted a Bid Response to the solicitation before the amendment was posted, the same Bid Response or a revised Bid Response will need to be submitted in response to the amendment to remain under consideration.

NDBuys State Procurement Website This IFB and any related amendment and notices will be posted on the North Dakota State Procurement System (NDBuys). Offerors are responsible for checking the NDBuys system to obtain all information and documents related to this IFB:

View NDBuys Website (https://public.ndbuys.nd.gov/) Notices related to this IFB will be sent to the suppliers list for the needed commodity or service and other known potential Offerors.

Offerors that are registered for the suppliers list and would like to receive notices related to this IFB, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offerors that have not yet registered for the suppliers list and would like to receive notices related to this IFB and must complete the supplier registration. See NDBuys Quick Reference Guides on the Bidding Opportunities and Resources page of the ND Office of Management and Budget Website for how to register.

Supplier registration is REQUIRED to submit a Bid Response to a solicitation posted in NDBuys.

Offeror Instructions

1. IFB Documents It is the sole responsibility of the Offeror to be certain that they have received a full set of the IFB Documents when preparing to respond. Upon submission of their Bid Response, the Offeror shall be deemed conclusively to have been in possession of a full set of IFB documents.

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

1. IFB Attachments

· Attachment A – Bid Response Form

· Attachment B – Contract

1. Offeror’s Checklist Have you remembered to?

· Ensure your Bid Response complies with all instructions, terms and conditions, delivery requirements, and specifications.

· Prepare your price in the specified unit of measure, FOB: Destination to the shipping location.

· Sign your Bid Response, and initial any changes or corrections

· Ensure your Bid Response is submitted by the Bid Response deadline.

· Submit any required samples or documents.

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

· Bid Response – the executed document submitted by an Offeror in response to a solicitation

· Contractor – Entity that has an approved contract with the State of North Dakota.

· CT – Central Time Zone.

· OMB – Office of Management and Budget.

· IFB – Invitation for Bid.

· Solicitation Closing – Deadline for receipt of Bid Response listed in the IFB Schedule.

· SPO – Office of Management and Budget, State Procurement Office.

· NDBuys – State Procurement Office Online system.

· NDSCS – North Dakota State College of Science.

· NDUS – North Dakota University System.

· Offeror – A person or firm submitting a competitive bid in response to a solicitation.

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.

Supplier Registration Individuals or business entities desiring to be notified of bidding opportunities may complete supplier registration to be notified when solicitations are issued on the State’s procurement information website (NDBuys). (N.D.C.C. § 54-44.4-09). Supplier registration 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 supplier.

A vendor may be removed from the supplier list if a solicitation notice is undeliverable. Vendors may be suspended or debarred from the Bidders List for cause. (N.D.A.C. ch. 4-12-05) Individuals or business entities completing supplier registration must provide contact information for receiving solicitation notices, Tax ID, legal structure, address and phone information. Individuals or business entities must also select the commodity codes to identify categories of goods, services, and information technology.

Supplier registration is REQUIRED to submit a response to a solicitation posted in NDBuys.

Visit the OMB website for instructions: Bidders List Registration Website For assistance with supplier registration, contact State Procurement Help Desk at 701-328-2740 or email NDBuys (ndbuys@nd.gov).

Bid Response Submission Instructions

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT WEBSITE (NDBUYS):

Offerors MUST be registered in NDBuys in order to submit a Bid Response.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides at the North Dakota Office of Management and Budget website page Bidders List Registration and Maintenance for how to register.

Once registered, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offeror may/must electronically submit Bid Responses through the State’s procurement information system (NDBuys) by the Solicitation Closing deadline.

View NDBuys Website (https://public.ndbuys.nd.gov/) DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A BID 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 NDSCS is not responsible for an Offeror’s failure to timely submit a Bid Response due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at NDBuys (ndbuys@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. NDSCS 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.

Visit the North Dakota Office of Management and Budget website page Bidding Opportunities and Resources for the NDBuys Quick Reference Guides which describe how to submit an electronic Bid Response.

The maximum file size allowed is 56MB or 56,120 KB per file.

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

Offeror will be able to confirm that a Bid Response has been submitted by reviewing the History tab of the solicitation and confirming that response status is submitted. If Offeror DOES NOT see that it has been submitted, the upload was NOT successful. Contact supplier support at +1 (701) 540-9648 or by email: NDBuys Support Desk (support-northdakota@ivalua.com).

Assistance to Individuals With a Disability Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the IFB, including any events in the IFB schedule, so reasonable accommodation can be provided.

Offer Held Firm Offerors must hold Bid Responses firm for at least 180 days from the deadline for receipt of Bid Responses (Solicitation Closing). NDSCS may send a written request to all Offerors to hold their offer firm for a longer period of time.

Bid Response Opening Onsite

· Date: IFB Schedule

· Time: IFB Schedule

· Location: Patterson Maintenance Center - Rm 116, 1245 7th Street North, Wahpeton, ND 58076 Offeror Responsible for Costs Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any Bid Response.

Bid Response Results Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received and the award.

Changes or Corrections Offerors must initial any changes or corrections to the Bid Response, such as erasures and crossed out or rewritten prices. The Procurement Officer may confirm the Bid Response when changes are not initialed.

Multiple Bid Responses Offerors may submit more than one Bid Response in response to this solicitation. Each Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

Open Records Requests Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws. Interested parties may contact the Purchasing Officer to request information related to this solicitation.

Protest and Appeal Protests of the solicitation must be received by the Purchasing Officer within seven days before the Bid Response deadline. Protests of the award or Notice of Intent to Award must be received by the Purchasing Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award. Protests must be made in writing to the Purchasing Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. ch. 4-12-14.)

Signature The Offeror’s authorized representative must provide their printed name, title, and sign the Bid Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Purchasing Officer. (N.D.A.C. ch. 4-12-10) Specifications, Compliance All Bid Responses must comply with the stated specifications, and the successful Offeror will be held responsible. Offerors who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Purchasing Officer by the deadline for questions or at least seven days before the Bid Response deadline, so the Purchasing Officer can determine whether the specifications need to be amended.

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

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

Withdrawal or changes to a Bid Response prior to the Bid Response deadline Before the Bid Response deadline, the Offeror’s authorized representative may withdraw or change a Bid Response by making a written request to the Purchasing Officer.

Withdrawals or changes to a Bid Response after the Bid Response deadline After the Bid Response deadline, no changes may be made to Bid Response, except as provided in N.D.A.C. ch. 4-12-10. The Offeror’s authorized representative may make a written request to withdraw the Bid Response.

Evaluation and Award

1. Award Award will be made to the responsible Offeror with the lowest priced Bid Response that is responsive to the specifications and all other requirements stated herein. Award will be made as follows:

· All or none.

1. Evaluation Criteria Bid Responses will be evaluated and awarded based on:

· Price

· Service

· Response Time

· Overall Capabilities

· Agreement to Terms and Conditions

· R-Stamp Certification

· Past Performance (timeline of work, accuracy of work, and invoice detail, etc.)

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

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

a) Preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. (N.D.C.C. 54-44.4-05.1)

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

1. Late Bid Responses Bid Response responses must be received by the Purchasing Officer by the Bid Response deadline. Late Bid Responses will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Purchasing Officer and discovered before the selection of the successful Offeror. (N.D.A.C. § 4-12-08-13)

1. Responsiveness of the Bid Response Any Bid Response that does not meet the requirements of the solicitation, other than mistakes determined to be minor informalities, will be rejected. (N.D.A.C. § 4-12-11-03)

1. Minor Informalities NDSCS reserves the right to waive minor informalities in Bid Responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the Bid Response document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors. (N.D.A.C. ch. 4-12-10)

1. Mistakes The Purchasing Officer may confirm the Bid Response in the event of apparent errors, such as an unreasonably priced Bid Response. Mistakes will be handled in accordance with N.D.A.C. ch. 4-12-10.

1. Responsibility of the Offeror The Purchasing Officer, at any time, may make a supplementary investigation as to the responsibility of any Offeror, even though the Offeror may be on the Bidders List. If an Offeror is determined to be not responsible, that Bid Response will be rejected even if it is the lowest Bid Response, and the Offeror may be debarred or suspended from the Bidders List. (N.D.A.C. § 4-12-11-04)

1. Clarification of Bid Responses In order to determine if a bid is reasonably susceptible for award, communications by the Purchasing Office are permitted with a Offeror to clarify uncertainties or eliminate confusion concerning the contents of a bid and determine responsiveness to the IFB requirements. Clarifications may not result in a material or substantive change to the bid response.

After receipt of Bid Responses, if there is a need for any substantial clarification or material change in the IFB, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended Bid Responses.

1. Negotiation NDSCS reserves the right to award a contract based on the initial responses received, without engaging in discussions or negotiations. Accordingly, an Offeror should submit its initial Bid Response on the most favorable terms possible to NDSCS. However, should only one Bid Response be received, NDSCS may, but is not obligated to conduct negotiations with this Offeror whose Response, in the opinion of NDSCS, is competitive or may best meet the needs of NDSCS.

If NDSCS chooses to negotiate, negotiation may involve any issue bearing on the Bid Response and may take place after submission of Bid Response and before an award is made. NDSCS reserves the right to follow negotiations with a request for submission of a Best and Final Offer.

1. Rejection NDSCS reserves the right to reject any and all Bid Responses in whole or in part. The Purchasing Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

a) the Bid Response is determined to be not responsive to the instructions, specifications, and other requirements of the solicitation, other than mistakes or omissions determined to be minor informalities;

b) the Bid Response is determined to be late;

c) the Offeror fails to comply with Bidders List Application requirements by the stated deadline;

d) the Offeror is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04;

e) the Bid Response is not legible.

If all Bid Responses are rejected, the Purchasing Officer will send written notice to Offerors, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09) Binding Contact After the IFB has been awarded, a contract or purchase order will be issued between the Offeror and NDSCS. Any oral agreement or arrangement by an Offeror with an NDSCS employee will have no force or effect unless reduced to writing. NDSCS reserves the right to negotiate in the Contract the hourly rates and material costs to be applied in the event of any change orders.

Terms and Conditions

1. North Dakota Contractual Requirements – Background As a public institution and government entity of the State of North Dakota (the STATE), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent NDSCS from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable.

While these Requirements occasionally make the process of negotiating a contract with NDSCS more challenging than negotiating with a private industry business, these are not unique to any one agency of the State of North Dakota. These Requirements apply to all public institutions and government entities of the State of North Dakota. Although some are unique to North Dakota, the majority of these Requirements are common to public institutions and government entities throughout the United States.

State Contract Terms and Conditions – Offeror’s Proposed Changes NDSCS intends to execute a contract substantially similar to the contract included with the IFB (Attachment B - Contract). The Offeror will be required to sign the contract attached to this IFB and must comply with the terms and conditions. NDSCS may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

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

Pursuant to N.D.A.C. § 4-12-11-06, Bid Responses subject to conditions imposed by the Offeror may be rejected as nonresponsive, as determined by NDSCS. Proposed terms and conditions that conflict with those contained in the attached contract or that diminish NDSCS’s rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the Bid Response and a term or condition in the attached contract.

Part or all of this IFB and Offeror’s Bid Response may be incorporated into the attached contract.

Contract Term The term of the contract issued as a result of this solicitation will be as follows:

· Contract Period. The Contract Term will be set forth in the contract (Attachment B – Contract), including any options for extension, renewal, and renegotiation.

Contract Type Contract type will be set forth in the contract (Attachment B – Contract).

Contractual Terms and Conditions – No Material Changes

· Prepayment NDSCS may not make prepayment for services or goods under contract. This means NDSCS may not pay for services or goods not received and accepted by NDSCS. Unique circumstances may allow for payment “up front” such as subscription services or certain licensing fees so long as the service or licensed product is available and provided at the time of payment and is capable of being used for its intended purpose under the contract. NDSCS will not pay up front for licensing fees for a product that will include deliverables, acceptance testing, and final acceptable. For the avoidance of doubt, if the licensed product requires customization, NDSCS will not pay up front for the license(s).

· Indemnification and Insurance N.D.C.C. § 32-12.2-17 requires that the OMB establish guidelines for indemnification and insurance provisions in state contracts. The indemnification and insurance requirements contained in the attached contract are pursuant to those guidelines. NDSCS shall not be deemed to have accepted any alteration of these provisions without prior written approval to Offeror from NDSCS acting in consultation with the North Dakota Risk Management Division.

· Indemnification Indemnification is a contractual clause by which one party to a contract asks the other party to defend it against any claims of third parties who might be injured as a result of something that occurs while the parties are performing their duties and obligations under the contract. Without specific authority to do so, NDSCS cannot enter into agreements indemnifying the Offeror, or any other entity, against third party claims.

Any clause that has the intent of seeking indemnification from NDSCS, whether the clause contains the words “indemnity” or “indemnify,” are not clauses to which NDSCS may agree.

NDSCS will also not agree to clauses to indemnify an Offeror “to the extent permitted by law”. This is because NDSCS knows that the extent to which the law permits it to indemnify Offerors is no extent whatsoever, and as a result would be disingenuous for NDSCS to imply in a contract that there might be some set of circumstances under which NDSCS would defend the Offeror against a third party claim(s). Simply put, NDSCS is not going to agree to something it knows it cannot do. In this circumstance an “extent” clause is merely an invitation to litigate the matter in the event a third-party claim(s) arises, and NDSCS does not enter into agreements that invite litigation. Do not ask NDSCS to indemnify you against third party claims because it is a contractual obligation to which NDSCS cannot agree.

While NDSCS may limit the liability of an Offeror in claims between NDSCS and the Offeror, NDSCS does not have authority to limit an Offeror’s liability for claims brought by a third party. In the event a contract contains a limitation of liability clause, the contract’s Indemnification clause and obligation of the Offeror cannot be subject to that limitation of liability clause.

· Insurance Upon receipt of the notice of intent to award, the successful Offeror must obtain the required insurance coverage and provide the Procurement Officer with proof of coverage prior to contract approval. The coverage must be satisfactory to NDSCS, in consultation with the North Dakota Risk Management Division. The successful Offeror’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

· Limitation of Liability NDSCS may negotiate Limitation of Liability pursuant to N.D.C.C. § 32-12.2-15 “Contracts limiting liability to the STATE”.

Notwithstanding any provision in N.D.C.C. ch. 32-12.2 to the contrary, an agency may agree to limit the liability of an Offeror to NDSCS if:

1) The agency determines such services or products cannot be effectively obtained without such limitation; and

2) The limitation does not pose any significant risk of loss to NDSCS; and

3) The limitation is in the best interest of NDSCS.

The agency, in consultation with OMB and the Attorney General's Office, shall prepare written documentation before agreeing to any liability limitation.

An agency's authority to agree to a limitation of liability is limited to contracts for the purchase or lease of, or services related to, software, communication, electronic equipment, and economic forecasting.

1) An agency may limit its ability to recover indirect consequential damages.

2) If the extent of potential direct loss is unknown, an agency may agree to limit direct damages to a reasonably estimated amount commensurate with the foreseeable risk of loss to NDSCS. The amount must be equal to twice the total value of the contract unless all parties to the contract agree to an alternative amount. Any agreed upon amount that is less than twice the value of the contract must be approved by the director of OMB. The liquidated damages and retainage provisions for delay, missed deadlines, and other breaches are not subject to a general limitation on direct or indirect damages authorized under N.D.C.C. § 32-12.2-15.

3) A contract under N.D.C.C. § 32-12.2-15 may not limit any loss to NDSCS resulting from fraud or other intentional or willful misconduct, breach of confidentiality obligations, or loss resulting from tangible property damage or personal injury.

· Waivers of Jurisdiction and Venue: Alternative Dispute Resolution The North Dakota Attorney General is NDSCS’s attorney for all purposes, including management of litigation and claims against NDSCS. NDSCS may not usurp the Attorney General’s authority by agreeing in advance to control the way litigation may be managed in the event of a dispute. NDSCS cannot, without specific authority, agree to the jurisdiction or the laws of another state or federal courts, nor can it contractually agree to participate in any form of alternative dispute resolution.

Although NDSCS cannot contractually agree to such terms, this does not mean that in the event of a dispute, NDSCS would not agree to participate in alternative dispute resolution. It simply means that this is a decision that must be made by the Attorney General and is a decision that is made at the time a dispute arises.

· Confidentiality All state agencies of North Dakota are subject to North Dakota public records laws. NDSCS cannot agree to contractual terms that attempt to prevent it from having to disclose records that are declared public records under applicable statutes. Although some confidentiality and exemptions are allowed under the public records laws, NDSCS may not agree to more restrictive obligations concerning its records. Under North Dakota public records laws, contracts are records that are open to the public and may be reviewed at the request of the public.

· Unliquidated Expenses (i.e., Attorney’s fees, add-ons, Cost Increases) Because NDSCS may only obligate those funds that have been appropriated to it by the Legislative Assembly and may only obligate those funds for the purposes for which the funds were appropriated, NDSCS may not agree to clauses which may obligate it to pay for claims that might exceed its current funding appropriation. Certainly, this is one of numerous reasons why NDSCS cannot indemnify an Offeror against third party claims, but it may also be said for clauses that purport to obligate NDSCS to pay an Offeror’s attorneys’ fees, unknown cost increases during the life of the contract, add-ons that were not contemplated or priced in the contract.

· Invitation for Bid as Part of the Contract Part or all of this IFB and the successful Bid Response may be incorporated into the contract.

Compensation Compensations and payment terms will be set forth in the contract (Attachment B – Contract).

Supplemental Terms and Conditions Supplemental terms and conditions on Offeror documents are null and void, unless specifically accepted in writing by NDSCS and no such supplemental terms and conditions in any printed form of Offeror shall become a part of this contract despite NDSCS’s acceptance of goods or services unless such acceptance specifically, in writing, recognizes or assents to their inclusion. All automated end user agreements (e.g. click-through) are specifically excluded, null and void. Clicking shall not represent acknowledgement or agreement to any terms and conditions contained in that agreement. Terms and conditions contained within any document furnished by the Offeror, including quotes, packing slips, and invoices, shall not supersede the terms and conditions of this IFB. A mere signature by NDSCS on a purchase order or other document provided by Offeror in the performance of this contract does not constitute acceptance by NDSCS of the terms and conditions of such document. Bid Responses with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06).

Bid Specifications

1. Purpose of IFB North Dakota State College of Science (NDSCS) is soliciting responses for a Time and Materials contract to provide high pressure boiler welding and other boiler services as requested by NDSCS. Work is most often required in the Heating Plant, but can also occur in tunnels, vaults, and mechanical rooms.

Location of Work

· NDSCS College, 800 6th Street N, Wahpeton, ND 58076 Specifications The Offeror shall provide qualified labor, supervision, tools, equipment, welding consumables, and incidental materials necessary to perform maintenance, repair, alteration, and emergency welding services on high-pressure boiler systems and associated pressure-retaining components.

Work may include, but is not limited to:

· Boiler tube repairs and replacements

· Waterwall tube repairs

· Steam drum and mud drum repairs

· Pressure vessel welding

· Header repairs and replacements

· Superheater and economizer tube repairs

· Pipe welding and fabrication

· Code-required weld inspections and testing

· Emergency outage repairs

· Non-destructive examination (NDE) coordination Contract Terms and Conditions All Contract Terms and Conditions included in the contract (Attachment B – Contract) are incorporated into the IFB Specifications. Offeror must review the entire contract document prior to completing their bid to ensure they can fulfill all requirements.

Time and Materials Project Schedule

· No projects are currently planned for this IFB/contract. No project plans are available.

· Work shall be determined/scheduled as budget allows or need requires. Volume is not guaranteed.

· NDSCS will review starting and completion dates for each project with Offeror.

· A pre-construction meeting may be required with a STATE Representative prior to start of work.

· Offeror agrees to NDSCS’s completion deadline for each project with their acceptance of an issued purchase order.

· Offeror must notify NDSCS within 24 hours of any delays to the project. Offeror must mitigate delays as much as possible to ensure the project is completed on time.

· Work schedule must be coordinated around NDSCS’s major events.

· The award of bid may hinge on Offeror’s commitment to comply with NDSCS’s schedules.

· In the event of schedule conflicts on a specific job, NDSCS may need to work with other contractors.

Time and Materials Quote Requirements Offerors must include the following information on quotes requested under this contract:

· Reference the Contract number #26-019.

· Quantity of billable hours per person to complete the project.

· Itemized list of materials, with itemized costs, required to complete the project.

· Itemized list of any additional costs associated with the project.

· Estimated amount of time to complete the project and/or estimated completion date based on start date provided by NDSCS.

Project Conditions

· Work must be inspected by a STATE Representative.

· All work should be performed in a neat and workman like manner. Any, and all cleanup of debris and material is the responsibility of the awarded Offeror. Any security clearance or other procedures to follow will be arranged with NDSCS Facilities Management.

· Offeror may use the facilities’ restrooms, provided cleanliness is maintained.

· Work to be performed during normal working hours (7:45 AM – 4:45 PM) Monday – Friday. Extended work hours must be approved by a STATE Representative.

· Before starting any project, Offeror must inform STATE personnel that they have arrived on campus.

Minimum Qualifications

· Offerors must have a minimum of three years of experience in providing the goods/services requested in this solicitation.

· Offerors must include a minimum of three references.

R-Stamp Certification Offeror must show proof of R-Stamp Certification. This contract may require the Contractor to do work on the high-pressure boilers and steam piping at NDSCS.

Applicable Codes and Standards All work shall comply with the latest adopted editions of:

· ASME Boiler and Pressure Vessel Code

· ASME Section I Power Boilers

· ASME Section IX Welding Qualifications

· National Board Inspection Code (NBIC)

· OSHA regulations

· Applicable state boiler inspection requirements

· Facility-specific safety requirements Where conflicts exist, the most stringent requirement shall apply.

Inspection and Testing The Contractor shall cooperate with inspections as required by the Owner.

Inspection methods may include:

· Visual inspection

· Magnetic particle testing (MT)

· Liquid penetrant testing (PT)

· Ultrasonic testing (UT)

· Radiographic testing (RT)

· Hydrostatic testing Repairs requiring rework due to contractor workmanship deficiencies shall be corrected at no additional cost.

Budget A budget has not been established.