PROJECT MANUAL

INSTALL SOLAR PV – MITCHELL CSMS#1

MITCHELL, SOUTH DAKOTA

CFMO# 466410

Prepared By:

Department of the Military

2823 West Main Street Rapid City, South Dakota 57702

(605) 737-6637

March 2026

OWNER:

State of South Dakota

This Project Manual provides for liquidated delay damages in the amount of $800.00 per calendar day for the Contractor’s delay in completion of the work.

See the Bid Form and Article 10 of the General Conditions for details.

00 00 00 – PROJECT MANUAL COVER 2 June 2024

PAGE INTENTIONALLY LEFT BLANK

00 00 01 – INDEX 1 June 2024

PROJECT MANUAL INDEX

FOR

STATE SPECIFICATION

HEAD SECTIONS, GENERAL CONDITIONS,

SPECIAL CONDITIONS, TECHNICAL SPECIFICATIONS

AND PLANS

00 00 01 INDEX

00 00 02 REQUEST FOR DESIGN-BUILD PROPOSALS

00 00 03 DESIGN-BUILDER’S CHECKLIST

00 00 04 ASBESTOS CONTAINING MATERIALS STATEMENT

00 00 05 INSTRUCTIONS TO DESIGN-BUILDERS

00 00 05-A .............. PRICE PROPOSAL FORM AND EXPLANATION OF ALTERNATES

00 00 05-B .............. ELECTRONIC BIDDING INSTRUCTIONS

00 00 05-C .............. FORMAT FOR SEALED ENVELOPES

00 00 05-D .............. PROPOSAL BOND

00 00 05-E .............. PERFORMANCE & PAYMENT BOND WITH ACKNOWLEDGMENT OF SURETY

00 00 05-F .............. NON-RESIDENT BIDDER AFFIDAVIT

00 00 05-G .............. CONTRACTOR’S STATEMENT OF SKILLS & CAPABILITIES

00 00 05-H .............. RESIDENT SUBCONTRACTOR CERTIFICATION

00 00 05-I .............. CONTRACTOR’S EXCISE TAX LICENSE

00 00 05-J .............. CONTRACTORS CERTIFICATION OF SDCL

00 00 06 .............. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER

00 00 07 .............. GENERAL INDEX AND GENERAL CONDITIONS

00 01 10 TECHNICAL SPECIFICATIONS INDEX

00 01 15 LIST OF DRAWING SHEETS

00 00 01 – INDEX 2 June 2024

00 00 02 – REQUEST FOR DESIGN-BUILD PROPOSALS 1 June 2024

REQUEST FOR DESIGN-BUILD PROPOSALS

Design-Build Proposals will be received by the South Dakota Department of the Military, Attn: Engineering Manager, 2823 W. Main Street, Rapid City, South Dakota, 57702 until 4:00 PM MT, Thursday April 2, 2026, for the Install Solar PV – Mitchell CSMS#1 (PN466410) project.

The Design-Build Request for Proposals, including the performance criteria for this project, as well as general project info, is available at the South Dakota Department of the Military, 2823 W. Main St., Rapid City, South Dakota 57702. Be aware any public improvement must be designed by a licensed Architect/Engineer, licensed in South Dakota, per SDCL §5-18B-45.

There will NOT be a pre-proposal meeting. Please contact Kyle Roe to schedule a site visit, 605-737-6605, kyle.roe@state.sd.us. Unscheduled site visits are not permitted and will result in the Contractor being declared ineligible to bid.

Qualitative and Management Proposals may be delivered by the closing date and time. Hard copies shall be in sealed separate envelopes containing three (3) hard copies of each proposal. Electronic copies may be emailed to the Engineering Manager, Cullen Jorgensen, at Cullen.Jorgensen@state.sd.us or delivered on USB removable storage media to the South Dakota Department of the Military, Attn: Engineering Manager, 2823 W. Main Street, Rapid City, South Dakota, 57702.

Cost proposals must be submitted on the electronic bidding platform and will be opened publicly on Thursday, April 2, 2026 at 4:00 p.m. MT.

Each Price Proposal more than $100,000.00 must either pre-mail a certified check, cashier's check, or draft in the amount of 5% of the base bid and all add alternates and drawn on a State or National Bank to the SD Dept. of the Military, 2823 W.

Main Street, Rapid City, SD 57702, or upload a copy of their 10% proposal bond to their electronic price proposal issued by a surety authorized to do business in the State of South Dakota and made payable to the South Dakota Department of the Military. The SD Dept. of the Military reserves the right to reject any or all bids and to waive any irregularities therein.

Published twice at the total approximate cost of $43.33.

To Be Advertised In The:

Mitchell Republic on March 19, 2026 and March 26, 2026.

cc: Construction Industry Center, cic@constructionindustrycenter.com Sioux Falls Builders Exchange, info@sfbx.com

00 00 02 – REQUEST FOR DESIGN-BUILD PROPOSALS 2 June 2024

00 00 03 – DESIGN-BUILDER’S CHECKLIST 1 June 2024

DESIGN-BUILDER’S CHECKLIST

The following items need to be submitted along with your Proposals. All Proposals and any modifications to Proposals must be in the hands of the State Engineer or the State Engineer's representative on or before the time set in the Request for Design-Build Proposals.

Each Proposal is placed in a separate sealed envelope and identified appropriately on the exterior (Qualitative Proposal or Management Proposal).

All blanks on the electronic Price Proposal Form are filled in.

Receipt of all addenda is noted on the electronic Price Proposal Form.

Price Proposal Form is electronically signed by an officer of the corporation or, if not a corporation, a proprietor or partner.

For Price Proposals of $100,000.00 or higher, a copy of the Proposal bond or security is submitted with the Price Proposal.

If a foreign contractor, a fully executed “Non-Resident Design-Builder Affidavit” is submitted with the

Price Proposal.

00 00 03 – DESIGN-BUILDER’S CHECKLIST 2 June 2024

00 00 04 – ASBESTOS STATEMENT 1 June 2024

ASBESTOS STATEMENT

ASBESTOS CONTAINING MATERIALS CAUTION:

It is brought to the contractor's attention that asbestos containing materials (greater than 1%) may be present outside the project requirements yet within the building or area. The contractor shall take the necessary precautions so as not to disturb this material. If asbestos containing materials are disturbed, the contractor shall follow and comply with the state rules promulgated under SDCL 34-44 pertaining to asbestos, and 29 CFR 1926.58, 40 CFR Part 61, 40 CFR Part 763 as in effect and the United States Environmental Protection Agency publication entitled "Guidance for Controlling Asbestos Containing Materials in Buildings" (EPA 560/5-85-024, June 1985).

ASBESTOS CONTAINING MATERIALS STATEMENT:

In accordance with the provisions of SDCL 34-44-8, all bidders and contractors are hereby notified that to the best knowledge of the owner or those representing him in any capacity, this project does not involve asbestos containing materials (greater than 1%). Bidders are further instructed that no asbestos containing materials are to be installed in this project.

The contractor is cautioned that hidden materials unknown to the owner and inaccessible for testing may be found during the demolition work of this project which may be asbestos containing materials. Proper procedures shall be followed upon discovery of these materials. The owner or those representing the owner in any capacity shall not be held responsible or liable for any injury or cost to any person resulting from handling of or proximity to such materials.

ASBESTOS LIABILITY STATEMENT

In accordance with amended SDCL 34-44, neither the owner, employees, or agents of the owner, nor any other person may have any claim, right or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.

00 00 04 – ASBESTOS STATEMENT 2 August 2023

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 1 June 2024

INSTRUCTIONS TO DESIGN-BUILDERS

1. Examination of Plans, Specifications and Site.

Design-Builders should carefully examine the site of the proposed work, existing conditions, and the performance criteria governing the project. The submission of proposals is conclusive evidence that the Design-Builder has investigated and is satisfied as to the conditions to be encountered; the character, quality, and scope of the proposed work; the quality and quantity of the materials to be furnished; and the requirements of the proposal.

The project manual is to be used only with respect to this project and are not to be used for any other project or purposes other than preparing proposals for this project; the project manual will not be disseminated to any person or entity for purposes other than obtaining proposal information without the express written approval of the state; all information contained in the project manual is confidential; and should the Design-Builder disseminate the project manual to an individual or entity for purposes of obtaining proposal information, the Design-Builder will require that individual or entity to adhere to the terms set forth herein. The Design-Builder, however, assumes no liability for the misuse of the project manual by such third party or such third party’s failure to comply with the provisions contained herein.

Any copies of the project manual obtained directly from the State will be returned to the Office of the Engineering Manager immediately after the State provides notice that Design-Builder will not be awarded a agreement, or thirty

(30) days after the price proposal opening for the project, whichever occurs first. Any copies of the project manual made by the Design-Builder will be destroyed immediately after the State provides notice that Design-Builder will not be awarded a agreement, or thirty (30) days after the price proposal opening for the project, whichever occurs first. If Design-Builder does not submit a proposal, Design-Builder will fulfill the requirements previously outlined on or before the date of the price proposal opening. Should Design-Builder be awarded a agreement for construction of the project, Design-Builder does not need to return or destroy project manual until after completion of the project.

2. Submission of Proposals.

Each firm submitting proposals shall submit a Qualitative Proposal, Management Proposal, and Price Proposal.

Proposals shall be segmented into three packages:

A. Qualitative Proposal:

1) A Qualitative Proposal shall include preliminary design drawings, outline specifications, technical reports, calculations, permit requirements, schedule, information based on the performance criteria, and other data pertaining to the Request for Design-Build Proposals.

2) Qualitative proposals may be delivered to the Engineering Manager via hard copy or electronically via email or USB removable storage media with the Design-Builder clearly identified on the removable media.

3) Each firm shall clearly identify the deliverable either on the outside of the sealed envelope or the electronic file with the words “Qualitative Proposal” with information set forth below.

4) The Qualitative Proposals shall not contain any information identifying the Design-Builder or any member of their team. Any Proposal that contains the name of the Design-Build team or any members of that team may be disqualified.

B. Management Proposal:

1) A Management Proposal will include how the Design-Build team intends to manage the project, including but not limited to the firm’s approach to design-build, project management philosophy, plan for executing the project, project schedule development and monitoring approach, project controls and how the firm plans to achieve the project requirements, timeline, team members, and contingencies for emergencies.

2) Management proposals may be delivered to the Engineering Manager via hard copy or electronically via email or USB removable storage media with the Design-Builder clearly identified on the removable media.

3) Each firm shall clearly identify the deliverable either on the outside of the sealed envelope or the electronic file with the words “Management Proposal” with information set forth below.

C. Price Proposal:

1) Each firm shall submit its Price Proposal via the electronic bidding platform (details can be found in the Price

Proposal Form).

2) Price Proposals shall include one lump sum cost for all design and construction of the proposed project.

3) Price Proposals shall be submitted via electronic bidding platform.

D. Disqualification:

1) Any proposer may be disqualified due to breach of proposal procedures.

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 2 June 2024

3. Modification of Proposals.

A. Qualitative and Management Proposals may be modified by mail or email before the time set forth in the Request for Design-Build Proposals. No proposal shall be changed or altered by telephone. No oral changes, alterations or conditions will be accepted under any circumstance.

B. Price Proposals may be modified, via the electronic bidding platform, at any time not later than the time set for the opening of price proposals. No Price Proposal shall be changed or altered by telephone. No oral changes, alterations or conditions will be accepted under any circumstance.

4. Proposal Security.

Each Price Proposal over $100,000.00 must be accompanied by a proposal security as follows:

A. Certified Check, Cashier's Check or Draft. A certified check, cashier's check or draft for five percent (5%) of the amount of the proposal, including all add alternates, such check to be certified or issued by either a State or National Bank and payable to said public corporation or officer. A certified check, cashier’s check or draft shall be received at the Office of the Engineering Manager no later than the date and time of the Price Proposal opening.

B. Proposal Bond. In lieu of a certified check as a proposal guarantee, a proposal bond of ten percent (10%) of the total amount of the proposal, including all add alternates, may be furnished by the Design-Builder. See Exhibit "D" for Proposal Bond form. Such bond to be issued by a surety authorized to do business in the State of South Dakota.

Such bond shall be payable to said public corporation or officer as guaranty that such Design-Builder will enter into a agreement with said public corporation, its Board or officers thereof, in accordance with the terms of such letting and Price Proposal in case such Design-Builder be awarded the agreement. A copy of the proposal bond shall be attached to the Price Proposal, via the electronic bidding platform.

No Design-Builder shall be required to leave his/her certified check or other guaranty, or proposal bond posted for a longer period than thirty (30) days if the proposal is not accepted. The certified check or other guaranty of the successful Design-Builder shall be returned to the Design-Builder forthwith upon the execution of the agreement and surety herein provided for.

5. Withdrawal of Proposal.

Any Qualitative and Management Proposal may be withdrawn by letter, email or in person, at any time before the time specified in the advertisement therefor. Withdrawal of a Qualitative and Management Proposal does not prejudice a Design-Builder’s right to submit a new Qualitative and Management Proposal within the time designated for the submission of proposals. No proposal may be withdrawn after the time designated in the Request for Design-Build Proposals. The email address for withdrawing a proposal is cullen.jorgensen@state.sd.us.

Any Price Proposal may be withdrawn, via the electronic bidding platform, at any time before the time specified in the advertisement therefor. Withdrawal of a Price Proposal does not prejudice a Design-Builder’s right to submit a new Price Proposal within the time designated for the submission of proposals. No proposal may be withdrawn after the time designated in the Request for Design-Build Proposals for the opening of Price Proposals.

6. Request for Interpretation.

Any person who plans to submit a proposal on the project may submit to the Owner a written request for an interpretation of any part of the Performance Criteria. Requests for interpretations shall be made not less than ten (10) days prior to the time set for submission of proposals. Any interpretation will be in writing and furnished to each person receiving Performance Criteria for submitting proposals. The Owner will not be responsible for any other explanation or interpretation.

7. Preference for South Dakota Products, Labor and Materials.

By virtue of statutory authority in SDCL § 5-18A-25 preference will be given to South Dakota products, labor and materials as provided by law.

8. Opening of Proposals.

Proposals and modifications will be received until the time designated in the Request for Design-Build Proposals. The proposals received within the designated time will be numbered and separated by the Engineering Manager. The Qualitative Proposal will be distributed to the Technical Review Committee in accordance with the procedures set forth in this document.

mailto:cullen.jorgensen@state.sd.us

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 3 June 2024

9. Evaluation of Qualitative Proposal.

Procedure A. A Technical Review Committee will be selected to evaluate and score all Qualitative Proposals.

B. Each properly submitted Qualitative Proposal will be assigned a number by the Engineering Manager. The

Engineering Manager will distribute the numbered proposals to the Technical Review Committee. (It is intended that the committee members do not know the identity of the Design-Builder during their review and scoring of the Qualitative Proposal).

Evaluation of Qualitative Proposal A. The Technical Review Committee will consider the following parameters when scoring the Qualitative Proposals:

1. Compliance with Performance Criteria. (70 pts)

2. Proposed project schedule. (30 pts)

B. The Committee members will submit their criteria scores for each design-builder to the Engineering Manager. The Engineering Manager will average the scores of the Committee Members for each Design-Builder to arrive at a single score for each Design-Builder. The maximum score for any proposal will be 100 points.

10. Evaluation of Management Proposals.

Procedure A. A Technical Review Committee will be selected to evaluate and score all Management Proposals.

B. Each properly submitted Management Proposal will be distributed to the Technical Review Committee.

Evaluation of Management Proposal A. The Technical Review Committee will consider the following parameters when scoring the Qualitative Proposals:

1. Project approach and methodology to meet the project requirements; (15 pts)

2. Project teams specialized expertise, capabilities, and technical competence to meet the project requirements;

(15 pts)

3. Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements; (10 pts)

4. Resources available to perform the work, including any specialized services and their roles within the project, within the specified time limits for the project. Resumes of team member’s professional accomplishments and experience with similar projects to be included; (10 pts)

5. Record of past performance, including price, and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration. All projects within the last 5 years with the Dept. of the Military must be included; (10 pts)

6. Availability to the project locale; (10 pts)

7. Familiarity with the project locale; (5 pts)

8. Proposed project management techniques; (10 pts)

9. Ability and proven history in handling special project constraints (Projects of Similar Scope, Time/Schedule, and Cost). (15 pts) B. The Committee members will submit their criteria scores for each design-builder to the Engineering Manager. The

Engineering Manager will average the scores of the Committee Members for each Design-Builder to arrive at a single score for each Design-Builder. The maximum score for any proposal will be 100 points.

11. Best Value Selection and Award for Design-Build Services.

The Engineering Manager will publicly open the Price Proposals, submitted via the electronic bidding platform, and divide each firm’s proposed price by the combined score given by the Committee to obtain an “adjusted price”. The firm selected will be that firm whose adjusted price is lowest. An example of the “best value” selection formula follows:

Firm Average

Qualitative Score

Average Management Score

Combined Score

Proposed Price Adjusted Price

A 90 84 87 $6.9 million $7.93 million (6.9 ÷ 0.87) B 79 67 73 $6.3 million $8.63 million (6.3 ÷ 0.73) C 84 86 85 $6.8 million $8.00 million (6.8 ÷ 0.85)

(Award to Firm A at $6.9 million) (Sample calculation - $6.9 million/.87 = $7.93 million)

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 4 June 2024

12. Award of Design Build Services.

Proposals, Evaluation, Acceptance, Notice: After obtaining and evaluating proposals according to the criteria and procedures set forth in the Request for Proposals, the State may accept the proposal most advantageous to the State as determined above. Acceptance of a proposal will be by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the public corporation will also inform, in writing, the other design-builders that their proposals were not accepted. If the agreement is awarded, it will be awarded to the responsible design-builder submitting the “adjusted” lowest Price Proposal which complies with the Request for Design-Build Proposals and with these instructions. The successful design-builder will be notified within thirty (30) calendar days of the date Price Proposals are opened. After notice of award, the successful builder will be presented with an agreement. The agreement will require the completion of work according to the Plans and Specifications and the Agreement Documents. Conditional Price Proposals will not be accepted.

13. Rejection of Proposals.

The State may reject any and all proposals, except for the purpose of evading the provisions of this section. The State may solicit new proposals using the same or different performance criteria, budget constraints, or qualifications.

Proposals may be rejected if they show any alteration of form, additions not called for, conditional proposals, incomplete proposals, unexplained erasures, or irregularities of any kind. The State may waive any informality in the proposals received. When proposals are signed by an agent other than an authorized corporate officer or member of a partnership, a power of attorney must be filed with the proposal. Otherwise, the proposal will be rejected as irregular and unauthorized. If there is reason to believe that collusion among the Design-Builders exists, any or all proposals may be rejected. The State reserves the right to reject all proposals if in the judgment of the Engineering Manager it is in the best interest of the State.

14. Relief from Mistake in Price Proposal.

A Design-Builder claiming a mistake in a proposal must give the State written notice of the alleged mistake within five calendar days after the proposals are opened, specifying in detail how the mistake occurred. Relief will only be granted for clerical or mathematical mistakes which can be documented to the satisfaction of the Engineering Manager.

15. Consideration of Bid Proposals.

At the time of opening bid proposals, the State will verify the design-builder is prequalified for the specified work type and the design-builder’s bidding capacity at that time is sufficient to handle the work for which the design-builder submitted a bid proposal. The State reserves the right to refuse to accept a bid proposal for any of the following reasons:

A. Lack of competency or adequate machinery, plant, or other equipment, as shown by the Agreementor’s

Prequalification Statement;

B. Uncompleted work which the State determines, in its sole discretion, may hinder or prevent the prompt completion of additional work;

C. Failure to pay or satisfactorily settle any legal obligation due for labor or material on any agreement at the time of issuance of bid;

D. Failure to comply with the State’s prequalification regulations;

E. Default under any previous agreement or agreements;

F. Debarment by the State or the federal government;

G. Disqualification by the State. The following reasons will be considered sufficient for disqualifying a design-builder and rejecting the bid proposal or bid proposals:

1. Submittal of more than one bid proposal for the same work from an individual, firm, or corporation under the same or different name; or,

2. Evidence of collusion among design-builders. A participant in collusion will not receive recognition as a design-builder for future work with the State until reinstated as a qualified design-builder;

H. Lack of overall bidding capacity as established by the Agreementor’s prequalification statement, considering the uncompleted work currently under agreement;

I. Lack of per agreement bidding capacity as established by the Agreementor’s prequalification statement; or J. Unsatisfactory performance on previous work or any current agreement or agreements consisting of, but not limited to:

1. Noncompliance with agreement specifications, agreement requirements, or Engineer's directives;

2. Failure to complete work on time;

3. Instances of substantial corrective work prior to acceptance;

4. Instances of completed work that requires acceptance at reduced pay;

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 5 June 2024

5. Production of work or materials not meeting required specifications, and when applicable, requiring price reductions or corrective work;

6. Failure to provide adequate safety measures or appropriate traffic control that endangers the safety of the work force and public;

7. Questionable moral integrity as determined by the Attorney General of the State, or the State; or,

8. Failure to reimburse the State for monies owed on any previously awarded agreement including any agreement where the prospective design-builder is a party to a joint venture and the joint venture has failed to reimburse the State for monies owed.

After opening, the State will compare the bid proposals on the basis of the summation of the products of the quantities shown in the bid proposal by the unit bid prices. The State will make results of such comparisons available to the public. In the event of a discrepancy between unit bid prices and extensions, the unit bid price will govern.

The State reserves the right to reject any bid proposal, the right to waive technicalities, and the right to reject all bid proposals and advertise for new bid proposals, if in the sole judgment of the State the rejection or waiver will promote the best interest of the State.

16. Responsibility.

The Owner may make such investigations as he/she deems necessary to determine the ability of the Design-Builder to perform the work, and the Design-Builder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Design-Builder fails to satisfy the Owner that such Design-Builder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein.

17. Nonresident Proposals.

SDCL § 5-18A-26, provides that the Agreement shall be let to the lowest responsible Design-Builder; provided, however, a resident Design-Builder may be allowed a preference on any such agreement as against the proposal of any Design-Builder from any other State or foreign province which enforces or has a preference for resident Design- Builders. The amount of the preference given to the resident Design-Builder shall be equal to the preference in the other state.

18. Subcontractor Certification.

SDCL§ 5-18B-6, provides that prior to execution of a public improvement project a successful design-builder shall certify on the prescribed form (Exhibit "G"):

A. That no more than twenty-percent of the cost of labor included in the agreement is being provided by nonresident subcontractors; or B. That more than twenty percent of the cost of labor included in the agreement is being provided by nonresident subcontractors because resident contractors are not available and at competitive prices.

19. Execution of Agreement.

Within ten (10) calendar days after the proposed agreement is presented to the successful Design-Builder for execution, the successful Design-Builder must execute the agreement documents and, if the Agreement is for more than $100,000.00, provide a performance and labor and material payment bond.

20. Performance & Labor and Material Payment Bond.

If the Agreement is for more than $100,000.00, provide a performance and labor and material payment bond produced by a South Dakota licensed insurance producer (agent) and issued by a South Dakota licensed surety in an amount not less than the amount of the awarded agreement. The performance and labor and material payment bond Surety or Sureties shall meet all requirements of South Dakota Law.

This bond is to secure the faithful performance of the agreement and the payment of those to whom the Design- Builder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Design-Builder in performing the work. The surety bond shall be on the form attached hereto as Exhibit "E".

(Failure on the part of the Design-Builder to furnish such bond in the time stated shall be cause for consideration by the State of awarding the Agreement to the second low Design-Builder and the retention of the proposal deposit.)

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 6 June 2024

21. Power of Attorney.

Attorneys-in-fact who sign proposal bonds or agreement bonds must file with each bond a certified and effectively dated copy of their power of attorney.

22. Default.

The failure to execute the agreement documents or to furnish bonds required by these instructions within ten (10) calendar days after the proposed agreement is presented for execution constitutes a default. In the event of a default, the State may award the agreement to the Design-Builder with the next lowest adjusted price or may re-advertise for Design-Builder’s. The State may charge against the defaulting Design-Builder the difference between the amount of the proposal and the amount for which a agreement for the work is subsequently executed plus the State’s additional administrative cost necessitated by the Design-Builder’s failure to execute the Agreement Documents, irrespective of whether the amount thus due exceeds the amount of the proposal bond. If a more favorable proposal is received by re-advertising, the defaulting Design-Builder shall have no claim against the State for a refund.

23. Commencement of Work/Time of Completion.

The Design-Builder shall commence work under the agreement within ten (10) consecutive calendar days after issuance of written Notice to Proceed and shall substantially complete all work under the agreement terms noted in the Criteria Package.

24. Liquidated Damages.

See Article 10.3.4 of the General Conditions.

25. Applicable Laws and Regulations.

The Design-Builder’s attention is directed to the fact that all applicable South Dakota laws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the agreement throughout and they will be deemed to be included in the agreement the same as though herein written out in full.

26. South Dakota Tax Information for Public Agreements.

Design-Builders performing public agreements in South Dakota may become responsible for two types of taxes: the excise tax upon realty improvement agreements and the sales/use tax upon materials.

All Design-Builders must secure a license from the Department of Revenue before engaging in the construction activities in this State. Detailed information on tax requirements may be obtained from the Department of Revenue, Anderson Building, Pierre, South Dakota 57501. Telephone 605.773.3311.

27. Applicable Standards.

In addition to codes, Standards and Regulations referenced for compliance in the various sections of the Specifications, the work shall be in compliance with the following:

A. South Dakota Codified Laws:

1. Title 5-14-13 - Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities

2. Title 11-10 – Building Codes & Standards

3. Title 34-28-5 – Glazing Materials in Buildings

4. Title 36-16 – Electrician’s and Electrical Contractors

a. Administrative Rules 20:44 - Electricians

5. Title 36-25 - Plumbers

a. Administrative Rules 20:53 - Plumbers B. The latest edition of The American Society of Heating, Refrigerating and Air-conditioning Engineers’ (ASHRAE)

Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings, C. The latest United States National CAD Standards as they pertain to drawings.

D. The latest edition of the Army National Guard Design Guide 415-1, 415-2, 415-3, 415-4, 415-5 as required by type of facility, E. The latest edition of all DOD Unified Facilities Criteria (UFC) manuals, F. The latest edition of SD Dept. of the Military Technical Specifications, G. The latest edition of Unified Facilities Guide Specifications (UFGS), H. The latest edition of the SDARNG PAM 420-10-3 Design and Project Management Execution, I. The latest edition of the Code of Federal Regulations; Title 14 – Aeronautics and Space, J. The latest edition of FAA Advisory Circulars.

NOTE: Should there be a conflict between any of the above "Codes", Guides, or "Laws" the more stringent shall apply.

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 7 June 2024

28. Affirmative Action Plan.

The State of South Dakota requires that all contractors, vendors, and suppliers, employing fifty or more persons, doing business with any State Agency, Department, or Institution, place on file a statement of Affirmative Action that said contractor, vendor, or supplier does not discriminate in its employment practices with regard to race, color, religion, sex or national origin.

No award of any agreement with the State of South Dakota shall be executed or awarded and approved by the State for any service, supply, or commodity unless the successful design-builder submits such statement.

Above statement may be submitted to the Engineering Manager with the Design-Builder’s Price Proposal, or prior to award of agreement.

29. Procurement Law.

This project is subject to the provisions of SDCL § 5-18A and 5-18B et seq.

30. Federal Registration.

All design-builders shall be registered with SAM.gov.

00 00 05 – INSTRUCTIONS TO DESIGN-BUILDERS 8 June 2024

00 00 05A – DESIGN-BUILD PRICE PROPOSAL FORM 1 June 2024

EXHIBIT “A”

DESIGN-BUILD PRICE PROPOSAL FORM

All price proposals shall be submitted via Electronic Bidding Platform, details below:

Overview

Price Proposal Opening Date: April 2, 2026

Price Proposal Opening Time: 4:00 PM MT

Date of Project Manual: March 2026

Substantial Completion Date: The Contractor will have 180 consecutive calendar days to complete the work from the Notice to Proceed date.

w/ Liquidated Damages: $800 per calendar day

Final Completion Date: The Contractor will have 14 consecutive calendar days to complete the work from the Substantial Completion Date.

w/ Liquidated Damages: $400 per calendar day

Total value of material subject to tax: $0.00

Any material furnished by the State for use in this project is subject to Use Tax and Excise Tax.

Link to Price Proposal Submission: https://www.sd.gov/cs?id=sc_cat_item&sys_id=0b21c1209773b2107fc1b480f053af26

Link to Price Proposal Tabulation: https://www.sd.gov/cs?id=ose_projects

Link to Price Proposal Opening: https://state-sd.zoom.us/j/2373768141?omn=92932997467 Meeting ID 237 376 8141

ATTENTION DESIGN-BUILDERS!

• TECHNICAL DIFFICULTIES: DOM/OSE is not responsible for technical difficulties resulting from the electronic bidding platform.

• MODIFY PRICE PROPOSALS: It is highly recommended that Design-Builders submit their price proposal early and modify as needed prior to the closing. Please note, price proposals may be modified as many times as desired prior to the opening date/time as well as withdrawn at any point prior to the opening.

• SESSION TIMEOUT: The online platform session will timeout if left open for too long, therefore price proposals need to be submitted in a timely manner as to ensure the information is not lost and other errors do not occur.

The undersigned, being familiar with the local conditions affecting the work, and with the Contract Documents, including the Invitation to Bid, Instructions to Design-Builder’s, Bid Form, Explanation of Alternates, Modification to Bid Form, Bid Bond Form, Performance and Payment Bond, Acknowledgment of Surety, Sample Certification of Surety, Non- Resident Design-Builder Affidavit, Form of Agreement for Construction, General Conditions, Special Conditions, Technical Specifications, Plans and Addenda which govern the purchase of material and labor and the awarding of contracts hereby proposes to do all the work and provide all the material and equipment for the project.

00 00 05A – DESIGN-BUILD PRICE PROPOSAL FORM 2 June 2024

Exceed the Standard Adapt to Change Collaborate for Solutions

Office of the State Engineer 523 East Capitol Ave. Pierre, South Dakota 57501

605.773.3466 / http://boa.sd.gov/state-engineer

May 9, 2022

RE: ELECTRONIC BIDDING

The State of South Dakota, Office of the State Engineer (OSE), has switched to an electronic bidding platform! Please find below screen shots and information on submitting an electronic bid.

The State of SD has switched to a “single sign on” platform for all State services. Therefore, the username and password you use for purchasing a SD hunting or fishing license would be the same username and password you would use to submit an electronic bid on an OSE project. We just want you to be cognizant of that as you set up your SD.gov account.

Each project will have its own unique web address for bidding. This can be found in the advertisement on our website for that specific project, the builders exchanges advertisements, as well as the newspapers. If you ever cannot find the link, please reach out to OSE at the contact information above and we can assist you.

When you click the link, it will ask you to log on. Once you have logged on, you’ll see the project title and a button to click for “Submit Bit.”

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Once you click “Submit Bid” you will see the project information populate and the path on top. The Contractor will be prompted to enter their company information.

Text Box The project information will auto populate, including the bid opening date.

Once you click next, it will bring you to the bid form for the project. This will have base bid plus any alternates. The base bid must be filled in with numbers only (no symbols). Once you fill base bid in and click outside of that field, the review tab will auto populate with symbols for you to review.

If your bid is over $100,000 an additional line will appear asking for a copy of a bid bond. This will only show up, if your bid exceeds that threshold. Please attach a copy (jpg, pdf, or similar) to your bid. If you prefer to mail a certified check, there is also a button you can select that says, "I have mailed a check to OSE, in lieu of a bid bond."

This project has one alternate listed. Click on the pencil to edit the value for the alternate.

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Once you click the pencil, it will ask from a drop down menu if you want to add, deduct, or zero dollar change for the alternate. The alternate title will be listed for reference. Once you make your selection, enter your dollar value and click save.

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This will then bring you to your bid form filled out for your review. Then click "Next."

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Alternate Title

If your project has unit prices, they will populate next for you to fill out. You would enter those in the same fashion that you entered your alternate. Click "Next" to proceed.

This then brings you to your final review page

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Review all information!

Review all information!

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Text Box Once you click submit, you will see this screen. If you click, view request, you can view and/or edit at any time.

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Text Box This should say Bid Received. If an addenda is added, it will say Ack. Addenda.

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Comments on the project are here. Any addendum's issued would show up in the comments (as well as emailed).

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Text Box Click on "Close Request" only if you want to withdraw your bid entirely.

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Text Box Any attachments are under the "Attachments Tab"

• Make sure the email address you use is checked regularly

• When an addendum is issued, you will be notified via email to log back on and acknowledge the addendum(s)

• For projects over $100K, there will be a link to attach a copy of your bid bond or an address to send a cashier’s check to (we prefer bid bond over check if possible)

• Any bids submitted will not be visible to those of us at OSE until the day/time of the bid opening

• Once you submit your bid, you will receive an email acknowledging that it was received automatically

• You may withdraw your bid electronically at any time before the bid closes

• Bid Tabulations can be found here, after the bid closes o OSE Pr https://www.sd.gov/cs/?id=ose_projectsojects - Citizen Services (sd.gov) https://www.sd.gov/cs/?id=ose_projects

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Once you submit your bid, you will receive an email similar to the snapshot below. You will receive similar emails for any addendum's issued.

00 00 05-C – SAMPLE OF SEALED ENVELOPE 1 June 2024

EXHIBIT “C”

SAMPLE OF SEALED ENVELOPE

Return Address John Smith, Contractor Box 1 Anytown, USA

TO: Engineering Manager SD Dept. of the Military

Joint Force Headquarters Building 2823 West Main Street

Proposal For: Install Solar PV – Mitchell CSMS #1 Mitchell, SD

CFMO# 467150

Qualitative Proposal To Be Opened: 4:00 PM MT, April 2, 2026

Addenda Received: Nos.

Return Address John Smith, Contractor Box 1 Anytown, USA

TO: Engineering Manager SD Dept. of the Military

Joint Force Headquarters Building 2823 West Main Street

Proposal For: Install Solar PV – Mitchell CSMS #1

Mitchell, SD

CFMO# 467150

Management Proposal To Be Opened: 4:00 PM MT, April 2, 2026

Addenda Received: Nos.

00 00 05-C – SAMPLE OF SEALED ENVELOPE 2 June 2024

00 00 05-D – BID BOND 1 June 2024

EXHIBIT “D”

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner for the penal sum of _______________________________________ of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this _________ day of ___________________, 20____.

The condition of the above obligation is such that whereas the Principal has submitted to

____________________________________________ a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract, attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect: it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extensions of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

SEAL By:

00 00 05-D – BID BOND 2 June 2024

00 00 05-E – PERFORMANCE AND PAYMENT BOND 1 June 2024

EXHIBIT “E”

PERFORMANCE AND PAYMENT BOND

Contractors shall utilize the Performance and Payment Bond found on the South Dakota Bureau of Administration, Office of the State Engineer website. https://boa.sd.gov/state-engineer/forms.aspx

Contractors shall follow the Performance and Payment Bond Instructions to complete the Performance and Payment Bond.

00 00 05-E – PERFORMANCE AND PAYMENT BOND 2 June 2024

00 00 05-F – NON-RESIDENT BIDDER AFFIDAVIT 1 June 2024

EXHIBIT “F”

NON-RESIDENT BIDDER AFFIDAVIT

Country of ) )ss State or Province of )

Business Name:

Business Address:

Affiant’s Name and Title:

Project Name and Location:

CFMO Project Number:

AFFIDAVIT WHEN NO PREFERENCE IS GIVEN

I do hereby affirm that resides in the country of in the state or province of and that said country and/or state or province does not grant a preference to resident bidders for work on behalf of said country, state or province.

Dated: Signed

AFFIDAVIT WHEN PREFERENCE IS GIVEN

I do hereby affirm that resides in the country of in the state or province of and that said country and/or state or province does grant a preference to resident bidders for work on behalf of said country, state, or province, the nature and extent of such preference being

Dated: Signed

ACKNOWLEDGEMENT OF AFFIANT

Country of ) ) ss State or Province of )

On this day of , 20 ______, before me personally appeared

, known to me to be the affiant who, being duly sworn, declares all statements made in this affidavit to be true and correct to the best of his or her knowledge.

Notary Public

My commission expires the day of , 20 .

00 00 05-F – NON-RESIDENT BIDDER AFFIDAVIT 2 June 2024

00 00 05-G – CONTRACTOR’S STATEMENT 1 June 2024

EXHIBIT “G”

STATE OF SOUTH DAKOTA

CONTRACTOR’S STATEMENT OF SKILLS AND CAPABILITIES

Send Completed Form to: South Dakota Department of the Military Attn: Engineering Manager

2823 West Main Street, Bldg. 420 Rapid City, South Dakota 57702

Project Name:

Location:

CFMO #

CONTRACTOR INFORMATION

A. Business Structure Submitted By:

1. Current Business Name and Address.

Business Name:

Address:

Phone:

Fax:

email:

2. How many years has your company been in business under the name listed above?

3. Has your company been in business under any other business name(s)?

If so, list previous business name(s) and the years your company operated under each name:

4. If a corporation, provide the:

Date and State of incorporation:

Type of corporation:

Names of Officers

President:

Vice-president(s):

Secretary:

Treasurer:

5. If a partnership, provide the:

State of Organization:

Partnership type:

Date of organization:

Names of partners:

6. If individual, provide:

Date of organization:

Name of owner:

00 00 05-G – CONTRACTOR’S STATEMENT 2 June 2024

7. Use this space to describe your company’s business structure if it differs from those listed above:

8. List the states and trades in which you may legally do business where applicable. Provide registration or license number(s).

9. If your company is organized under the laws of another state, has it registered with the Secretary of State for the State of South Dakota and/or the Department of Revenue?

B. Background and History

1. What types of Work does your company perform with its own forces?

2. Has your company ever failed to complete Work it had contracted to perform? Provide details if the answer is “yes.”

3. Within the last five years, has any officer or principal of your company been an officer or principal of another company that failed to complete Work that the latter company contracted to perform? Provide details if “yes.”

4. List any and all judgments, claims, suits at law, or arbitration proceedings pending or outstanding against your company or its officers regarding any construction contracts:

5. Within the last five years, has your company filed law suits or requested arbitration regarding any construction contracts?

6. On separate paper, provide a list of major construction projects your company is currently working on. For purposes of this document “major construction projects” shall be considered anything of average size or greater for your company. Provide name of owner, location, architect, contract amount, and scheduled completion.

7. On separate paper, list the major construction projects your company has completed in the last five years. For purposes of this document “major construction projects” shall be considered anything of average size or greater for your company. Provide name of owner, project, location, architect, contract amount, and scheduled completion.

8. On separate paper, list the construction background/experience of the key personnel in your company.

9. What is the average annual value of all construction work your company performed within the last five years?

C. References

1. List your company’s Business/Industry References:

2. List your company’s Financial References:

3. Provide the name and address of your company’s Surety, as well as the name and address of the Agent:

00 00 05-G – CONTRACTOR’S STATEMENT 3 June 2024

SIGNATURE AND NOTARIZATION

Date Typed Name:

Title:

Business Name:

Signature

(Affix Seal)

On this day of , 20 ______, before me personally appeared

, who, being duly sworn, declares all statements made in this

Qualification Statement to be true and correct to the best of his or her knowledge.

Notary Public

My…