Harlows+Contract+382.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(July 2021)

PROCUREMENT OFFICER

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

PURCHASING AGENCY (STATE): ND State Procurement Office, Office of Management and Budget PROCUREMENT OFFICER: Chad Keech EMAIL: ckeech@nd.gov

PHONE: 701-328-2767

TTY Users call: 7-1-1

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)]

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and 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. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Email is the preferred method of submission with the IFB number and title cited in the email subject line. Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the bidder to a specific section of the IFB.

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

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This IFB and any related amendments and notices will be posted on the North Dakota OMB website using the State Procurement Online system (SPO Online). Bidders are responsible for checking this website to obtain all information and documents related to this IFB: https://apps.nd.gov/csd/spo/services/bidder/main.htm

Select Recent Solicitations and find this solicitation. Recent solicitations are listed by close date.

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

DATE ISSUED August 2, 2022 BID NUMBER 110.7-22-056

BID TITLE ADA Low Floor Mini Van COMMODITY

CODE(S)

071 - 14, 15, 16, 86, 90, 91, 92;

556 - 10, 15, 20, 30, 40, 50, 60, 70

BID QUESTION

DEADLINE

August 11, 2022 @12:00 p.m. CT CONTRACT NUMBER 382

BID RESPONSE

DEADLINE

August 18, 2022 @ 2:00pm

CT CONTRACT PERIOD 9/15/2022 – 8/30/2023

mailto:ckeech@nd.gov mailto:ckeech@nd.gov http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://apps.nd.gov/csd/spo/services/bidder/main.htm

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

a. Bidder is advised to review all Federal Transit Administration (FTA) Clauses and Certifications.

b. Bidder is required to sign and return a completed copy with bid response; the following FTA clauses or certifications: See Attachment 2 – Federal Transit Administration Clauses & Certifications

i. Page 10, Certification and Restrictions on Lobbying

ii. Page 11, Government-Wide Debarment and Suspension (NonProcurement)

iii. Page 12, Bus Testing Certification

iv. Pages 13 thru 15, Pre-Award Certification Requirement for Procurement of Rolling Stock (Vendor) – In addition to the federal required certification, a Pre-Award Buy America Cost Breakdown must also be submitted for each vehicle offered or this percentage must be shown as requested in the specific Vehicle Build Sheets mentioned in item “ix” below.

v. Page 16, Transit Vehicle Manufacturer (TVM) Certification

vi. Bidder is required to include a mock invoice for each base specification as requested in the bid response to confirm compliance with the vehicle specifications.

vii. The bidder shall provide a copy of the manufacturer’s self-certification information that the vehicle(s) comply with the relevant Federal Motor Safety Standards (FMVSS) per 49 CFR Par 571.220-221 and 204.

viii. The bidder shall provide a copy of the vehicle testing report with the bid response.

ix. Bidder shall provide a copy of the vehicle bid sheets.

x. The bidder shall provide a copy of System for Award Management (SAM.gov | Home ) document showing they are listed as Active and eligible to bid.

c. Ensure your Bid Response complies with all instructions, terms and conditions, delivery requirements, and specifications. Attachment 1 – Vehicle Specifications Lowered Floor ADA Min-Van.

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

e. Sign your, and initial any changes or corrections

f. Ensure your Bid Response is received by the Procurement Officer by the Bid Response deadline. Called to confirm receipt.

i. A completed signed Initiation for Bid document, which consists of Section 5, Bid Response.

ii. Any amendments (signed).

iii. A completed, electronic Excel version of Attachment 3 – Bid Response Worksheet.

iv. Mock invoices for base specification with itemized lists of all costs associated including any discounts.

v. Vehicle Build Sheets for each base specification.

vi. A signed required Attachment 2 – Federal Transit Administration Clauses & Certifications.

a. If using a delivery service, check tracking to ensure the Bid Response will be delivered on time. Contact the Procurement Officer as soon as possible in the event of delays due to weather, etc.

b. Submit any required documents.

2. Definitions.

a. Bidder: any person or firm submitting a competitive bid in response to a solicitation.

b. Bid Response: the executed document submitted by a Bidder in response to a solicitation.

c. Commodities: all property, including equipment, supplies, materials, printing, insurance, and the lease of equipment.

d. Contractor: any person or firm having a contract with a governmental body.

e. FTA: Federal Transit Administration

f. Procurement Officer: an individual duly authorized to enter into and administer purchasing contracts and make written determinations with respect thereto; also includes an authorized representative acting with the limits of designated purchasing authority.

g. Purchasing Agency (STATE): the entity on which the purchase is being made on behalf of.

h. Services: the furnishing of labor, time, or effort by a Contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance.

i. Solicitation: a document to notify prospective Bidders of a bidding opportunity.

j. N.D.A.C.: North Dakota Administrative Code; rules with the force and effect of law.

k. N.D.C.C.: North Dakota Century Code; state laws.

l. OMB: Office of Management and Budget (OMB); a North Dakota state agency.

m. SPO: State Procurement Office, a division of the Office of Management and Budget.

https://sam.gov/content/home

n. SPO Online: a procurement information website maintained by the State Procurement Office pursuant to N.D.C.C. § 54-44.4-14.

3. Bidders List and Secretary of State Registration Requirements. Bidders must comply with requirements related for OMB Bidders List application and Secretary of State registration [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).

Bidders are required to complete the Bidders List application process and comply with Secretary of State registration requirements prior to the Bid Response deadline. Bids received from bidders that are not approved vendors on the Bidders List will be rejected.

Bidders List and Secretary of State Information

1. Secretary of State Registration and Online Bidder Registration instructions are available online at How to Bid |

Office of Management and Budget, North Dakota.

2. Offeror should check the Bidders List to determine if Offeror is already registered.

3. An Offeror that needs to complete the registration process shall:

a. Register with the Secretary of State (fees apply) and obtain a “System ID” number.

Complete the On-line Bidder Registration including selecting commodity codes. Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors. The commodity codes used for this solicitation are: 071 - 14, 15, 16, 86, 90, 91, 92; 556 - 10, 15, 20, 30, 40, 50, 60, 70

4. Submission Instructions. Please follow these instructions to submit your Bid Response. Bid Responses must be received by the Procurement Officer by the Bid Response deadline. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

Sealed bids are required; therefore, bids cannot be submitted by email to the Procurement Officer.

Upload Response Through the State Procurement Online System (SPO Online):

Bidders MUST electronically submit Bid Responses through the State Procurement Office Online system (SPO Online) by the Bid Response deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for a Bidder’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 infospo@nd.gov or 701.328.2740.

If documents are in the process of being uploaded when the Bid Response 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 this solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Bid Response deadline.

4. Offerors must upload their Bid Response as requested in the Bid Response section of this IFB.

5. The maximum file size allowed is 50mb 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.

http://www.legis.nd.gov/cencode/t54c44-4.pdf https://www.omb.nd.gov/doing-business-state/procurement/how-bid https://www.omb.nd.gov/doing-business-state/procurement/how-bid https://apps.nd.gov/csd/spo/services/bidder/searchBidder.htm http://www.nd.gov/sos/businessserv/registrations/vendor.html https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/AUC_BIDDER_REGISTRATION.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=BIDDER https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm mailto:infospo@nd.gov

10.Bidder 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 Bidder do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If Bidder 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.

5. Additional Terms and Conditions. Additional terms and conditions submitted with a Bid Response are of no effect unless accepted in writing by the Procurement Officer. Bid Responses with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06).

6. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the

Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

7. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid

Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

8. Bid Response Opening. A public Bid Response opening will be held. The Procurement Officer will hold the Bid

Response opening will be held:

Webinar or Conference Call Participation Instructions:

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9. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received and the award. Bid Response results may be posted on SPO Online:

10. Bidders List - Suspension and Debarment. Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation. A vendor may be removed from the Bidders 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) 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 http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWY2N2FlOTAtZmQ4Zi00ZTg3LTg2NmYtZjk5NTFlYThlNzQz%40thread.v2/0?context=%7b%22Tid%22%3a%222dea0464-da51-4a88-bae2-b3db94bc0c54%22%2c%22Oid%22%3a%22a7907755-e664-4afd-8de9-b3684f30ccf9%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://itdpexipconfnd1.join.nd.gov/teams/?conf=1193843432&ivr=teams&d=join.nd.gov&w tel:+17013280950,,12850803#%20 https://dialin.teams.microsoft.com/b55e1684-2d28-41f4-ba9d-69c288a879dd?id=12850803 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://www.nd.gov/itd/support https://teams.microsoft.com/meetingOptions/?organizerId=a7907755-e664-4afd-8de9-b3684f30ccf9&tenantId=2dea0464-da51-4a88-bae2-b3db94bc0c54&threadId=19_meeting_YWY2N2FlOTAtZmQ4Zi00ZTg3LTg2NmYtZjk5NTFlYThlNzQz@thread.v2&messageId=0&language=en-US http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf

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

12. Multiple Bid Responses. Bidders 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.

13. 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 Procurement Officer to request information related to this solicitation.

14. Packaging. All packaging must be strong and secure in accordance with accepted commercial practices.

15. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the Bid

Response deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement 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 Procurement Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. ch. 4-12-14.)

16. Signature. The Bidder’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 Procurement Officer. (N.D.A.C. ch. 4-12-10)

17. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful

Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Procurement Officer by the deadline for questions or at least seven days before the Bid Response deadline, so the Procurement Officer can determine whether the specifications need to be amended.

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

19. 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 Bidder’s authorized representative may make a written request to withdraw the Bid Response.

http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

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

• State may award to the two (2) bidders who are responsive to all requirements and have the lowest cost. The multiple award is in the best interest of the state in accordance with N.D.A.C. 4-12-11-07 (3).

2. Award – Preference Laws. If Bid Responses are received from nonresident (out-of-state) Bidders, the Procurement Officer will apply reciprocal preference, if applicable, in accordance with N.D.C.C. §44-08-01. See Guidelines to North Dakota Purchasing Preference Laws.

3. Award – Tie Bid Response Preference. After applying any reciprocal preference, if a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must first be given to Bid Responses submitted by resident North Dakota vendors. (N.D.C.C. § 44-

08-01.1)

b. If a tie remains, preference is given to approved vendors on the Bidders List. (N.D.C.C. § 54-44.4-09(4))

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

4. Late Bid Responses. Bid Response responses must be received by the Procurement 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 Procurement Officer and discovered before the selection of the successful Bidder. (N.D.A.C. § 4-12-08- 13)

5. 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)

6. Minor Informalities. The STATE 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 Bidders. (N.D.A.C. ch. 4-12-10)

7. Mistakes. The Procurement 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.

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

9. Rejection. The STATE reserves the right to reject any and all Bid Responses in whole or in part. The Procurement

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 Bidder fails to comply with Bidders List Application requirements by the stated deadline;

d. the Bidder 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 Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09) http://www.legis.nd.gov/cencode/T44C08.pdf https://www.nd.gov/omb/agency/procurement/reciprocal-preference http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. State Contract. The contract resulting from this solicitation will be a State Contract made available to North Dakota state agencies and institutions.

2. Cooperative Purchasing. This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

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

a. Contract Period. This Contract term (Term) begins on or its Effective Date, and ends on August 30, 2023.

b. No Automatic Renewal. This Contract will not automatically renew.

c. Extension Option. STATE reserves the right to extend this Contract for an additional period of time, not to exceed twelve (12) months, beyond the current termination date of this contract.

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term.

STATE reserves the right to execute up to three (3) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each.

4. Billing Address. After delivery of commodities or services under contract, the CONTRACTOR must submit a correct invoice. Payment will be made after inspection and acceptance.

• Invoices must be addressed to the Ordering Agency that places an order under this contract. All invoice and payment inquiries must be directed to the Ordering Agency. Any problems related to late payment may be escalated to the Procurement Officer.

5. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4- 12-13)

6. Suspension and Debarment. Before entering into any contract agreement with supplier, vendor, service provider or contractor, Name of Provider will certify that neither the supplier, vendor, service provider or contractor, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in that transaction nor from federal financial or non-financial assistance, nor are any of the participants involved in the execution of that purchase suspended, debarred, or voluntarily excluded by any federal department or agency in accordance with Executive Order 12549 Debarment and Suspension) and CFR 44 Part 17, or are on the disbarred vendors list at SAM.gov | Home. Further, Name of Provider will notify NDDOT by certified mail should it or any of its agents become debarred, suspended, or voluntarily excluded during the term of that purchase.

7. Contract Estimated Volume. The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The CONTRACTOR or CONTRACTORs will be required to furnish actual requirements upon receipt of an order. This contract will not include items of a similar nature, which must be bought for emergency use.

8. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Procurement Officer. The CONTRACTOR must furnish reports listing all http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/cencode/t39c04-2.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf https://sam.gov/content/home purchases made by all government entities using this contract. The report must be furnished within ten (10) days after the request by the Procurement Officer.

The contract sales report will have the following fields:

a. Report titled with contract name, contractor name, quarter dates of the report provided;

b. Name of Ordering Agency, for example ND Purchasing Agency or Cooperative Purchasing Entity;

c. Order date, ship date;

d. Brief description of vehicle;

e. OEM Model number, Make, Year;

f. Sell price of unit;

g. Units sold;

h. Grand total for the report;

i. CONTRACTOR may be required to provide additional reporting, upon request from STATE within ten (10) days

9. Order Confirmation. The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering

Agency within one (1) working days of the order placement.

10. Delivery Time Required. The CONTRACTOR must meet the specified delivery requirements. If delivery cannot be made within the specified time, the CONTRACTOR must notify the Ordering Agency in writing of the delay and the approximate date delivery may be expected.

• Delivery must be made within 180 - 300 days after the CONTRACTOR receives an order from the Ordering

Agency by issuance of a contract or purchase order.

11. Delivery Location - F.O.B. Point and Freight. Delivery, freight, and passage of title shall under this contract shall be as follows:

a. F.O.B. Destination to any North Dakota location. All freight and handling is to be included in the item price.

b. Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

c. Vehicle(s) shall be delivered with a reasonably full tank of gasoline.

13. Descriptive Literature. The Bid Response must include descriptive literature or detailed manufacturer specifications for the offered equipment or commodities. Bidders are instructed to clearly mark the literature that demonstrates compliance with the specifications. Indicate whether optional features are included to meet the specifications.

14. New Equipment and Materials. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials shall be new and under current production for use in the United States.

15. Inspection and Acceptance or Rejection. The STATE reserves the right to conduct inspections and investigations related to the Bidder and the offered commodities or services, including but not limited to the firm, personnel, qualifications, and the commodities and services offered to make determinations regarding compliance with the Bid Response requirements and responsibility of the Bidder. All material and workmanship are subject to inspection and testing by the STATE at the point of manufacturer, place of storage, or upon receipt. The STATE reserves the right to reject any commodities or services and terminate the contract if the CONTRACTOR fails to comply with the specifications, terms and conditions, or the seller’s express or implied warranties. Rejected commodities will be removed at the CONTRACTOR’s expense. Failure to satisfactorily perform may result in suspension or debarment from the Bidders List.

If commodities or services are rejected as being not compliant with the requirements of this solicitation, the STATE will inform the CONTRACTOR in writing. The Purchasing Agency may provide the CONTRACTOR with a reasonable opportunity to cure, whenever practicable, as set forth in writing by the Purchasing Agency.

16. Pricing – Tax Exempt. All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Bidders may contact the Procurement Officer to obtain the Purchasing Agency’s tax exemption number and tax-exempt certificate.

17. Price Adjustment. Pricing during the term of the contract will be as follows:

• Pricing, Firm-Fixed with Adjustment Provisions. Pricing shall be firm for the first sixty (60) of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment.

All orders placed are to be billed at prices in effect at the time of the order, not the date the shipment is made.

• Pricing Changes, Model Year Change. If during this contract period there is a model year change by the

(OEM) manufacturer or additional costs are incurred by the CONTRACTOR from their 3rd party, the CONTRACTOR must send a written request for a change by letter or email to the State contract administrator.

This request for a price increase or decrease must include a copy of the (OEM) manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. Upon receipt of the contract price change request, the STATE reserves the right to accept or reject within 30 days. The price change request, if agreeable to STATE, will become effective as set forth in a written amendment to the contract upon execution by both parties. If STATE does not accept the price change the awarded vehicle may be cancelled by amendment to the contract. If STATE accepts the awarded vehicle contract price change request, the dealer shall supply the new model year at the amended price for the remainder of the awarded contract period. All vehicle shipments are to be billed at prices in effect at the time of the order, not the date the shipment is made.

18. Pricing, Unit of Measure. The unit prices is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail. (N.D.A.C. § 4-12-10-02)

19. Specifications, Brand Name or Equivalent. Unless otherwise indicated in the solicitation specifications, the use of a specific brand name or make/model is for illustrative purposes only, and the STATE will consider equivalent products. If an alternate brand offered by a Bidder is rejected as not being equivalent, the Procurement Officer send a rejection notice, including the reason for rejection.

20. Specifications, Compliance. All bids submitted in response to this Invitation for Bid must comply with the specifications contained herein, and the successful bidder will be held responsible. Noncompliance with specifications is grounds for rejection of the bid response. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the specifications stated herein must contact the Procurement Officer in writing as soon as possible, so the Procurement Officer can determine whether the specifications need to be amended. STATE may request a “build sheet” from the bidder for the respective vehicle being offered to confirm specifications before award.

VEHICLES:

21. Model Year Changes. If there is a model year change over the course of the contract period, the CONTRACTOR must send a written request for a change by letter or email to the State contract administrator.

• This contract change request must identify all vehicle specification changes between the previously awarded model year and the proposed new model year.

• Upon receipt of the contract change request, The STATE reserves the right to review within 30 days and may agree to cancel the awarded vehicle by issuance of an amendment to the contract.

• Awarded vehicle contract changes will become effective as set forth in a written amendment to the contract upon execution by both parties.

22. Dealer Orders. If the dealer receives an order from the Purchasing Agency and does not fulfill the order with the manufacturer, the dealer shall be responsible for any additional costs associated with the orders. This includes costs associated with delivery or cost differences as a result of a model year change.

23. Delivery and Orders. The CONTRACTOR must deliver commodities and services ordered under this contract by the required time. If after receiving the order, the Bidder learns that the delivery requirements cannot be met, the Bidder must immediately notify the Ordering Agency by telephone, email or mail and indicate the delay and an approximate delivery date. Repeated delivery delays may be considered as failure to deliver. CONTRACTOR shall deliver commodities and services ordered under this Contract as follows:

a. Order Acknowledgement. Dealer Order Receipt Acknowledgement (w/reference to P.O. Number) or similar document shall be furnished within 15 days to the Ordering agency or to the cooperative purchasing entity.

b. Delivery must be made approximately within 180 - 300 days after CONTRACTOR receives an order from the Ordering Agency or entity by issuance of a purchase order or use of a purchasing card. May be subject to chassis availability.

c. Confirmation of After Receipt of Order delivery lead time is required on the Attachment 3 - Bid Response Worksheet - ARO response line.

d. If delivery requirements cannot be met within the specified time, CONTRACTOR must notify the

Purchasing Agency or entity promptly by telephone with a follow-up by email or mail of the delay and the approximate date delivery may be expected. Repeated delivery delays may be considered as failure to deliver.

24. Inspection, Upon Delivery. Vehicle(s) will not be considered delivered if they have arrived in a condition that does not meet the bid specifications and ordered options. Vehicle(s) shall be delivered to various locations throughout North Dakota, with a full tank of gasoline and a title. Acceptance and payments for the vehicle(s) will not be made until the vehicle(s) have passed delivery inspection by the Ordering Agency.

25. Delivery Documents. The following documents are required at time of delivery to the Ordering Agency:

a. Manufacturer’s Certificate of Origin (MCO)

b. Dealer Invoice (with contract pricing)

c. Damage Disclosure

d. Manuals - All manuals providing parts information, operating instructions, and electrical schematics for the vehicle(s) and the ramp equipment shall be delivered with each unit; and all warranty information and registrations shall be completely filled out and presented at time of delivery.

26. Dealer Contact Representative and In-State Warranty Service Location. CONTRACTOR must provide a dealer contact representative to provide support, service, required in-state warranty service, and the ordering contact for this Contract.

• Required dealer contact representative information and in-state warranty service location must be completed in the provided response lines on the Attachment 3 – Bid Response Worksheet. During the Contract Period, CONTRACTOR shall notify the Procurement Officer within ten (10) days of a change in the dealer contact representative or in-state warranty service location. Failure to notify of changes may result in termination of the Contract and debarment.

27. Volume of Orders. Approximately twenty five (25) vehicles are expected to be ordered using this Contract. A minimum of zero (0) vehicles to be purchase with one hundred (100) options to purchase additional vehicles. In addition, STATE has the right to assign a portion of the Contract awarded, to allow other state agencies to purchase any remaining options. The maximum allowable orders for this Contract will not exceed one hundred (100) units.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

Bidders are instructed to review the following provisions. Objections to these provisions must be made in writing to the Procurement Officer by the deadline for questions.

1. Indemnification. Indemnification provisions are incorporated and made part of this solicitation and resultant contract.

• The STATE and CONTRACTOR each agrees to assume its own liability for any claims of any nature including all costs, expenses and attorneys’ fees which may in any manner result from or arise out of this Contract.

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract.

Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

• Contractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

i. Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $2,000,000 per occurrence.

Date:

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

The parties to this contract (Contract) are the state of North Dakota, acting through the Purchasing Agency (STATE), and the above-named Bidder (CONTRACTOR). This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of signatures of the parties shall be deemed the Effective Date.

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 32-12.2-04.

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

Date:

State Procurement Office

Chad Keech

State Procurement Officer

9/07/2022

SECTION 6

CONTRACT TERMS AND CONDITIONS

1. Scope of Work. CONTRACTOR, in exchange for the compensation paid by STATE under this Contract, shall provide the commodities and services described in this solicitation.

2. Compensation.

a. Contractual Amount

STATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed the amount indicated on the Bid Response form (Contractual Amount). The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

b. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.

2) STATE shall make payment under this Contract within forty-five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by STATE will not prejudice STATE’s right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by STATE, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At STATE’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.

4) For any amounts that are or will become due and payable to STATE by CONTRACTOR, STATE reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.

3. Prepayment. STATE will not make any advance payments before performance by CONTRACTOR under this Contract.

4. Payment of Taxes by State. STATE is not responsible for and will not pay local, state, or federal taxes. STATE will furnish certificates of exemption upon request by the CONTRACTOR. The STATE sales tax exemption number is E- 2001. The Federal tax-free transaction number is 45-70-0010K. The Ordering Agency will furnish a tax-exempt certificate upon request.

5. Purchasing Card. STATE may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.

6. Termination.

a. Termination by Mutual Agreement

This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest

STATE is entering into this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:

1) 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.

2) 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.

3) 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.

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

d. Termination for Cause

STATE may terminate this Contract effective upon delivery of written notice to CONTRACTOR, or any later date stated in the notice:

1) If CONTRACTOR fails to provide services required by this Contract within the time specified or any extension agreed to by STATE; or

2) If CONTRACTOR 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.

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

7. Force Majeure. Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God, or war if 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.

8. Works for Hire. CONTRACTOR acknowledges that all work(s) under this Contract is "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to STATE all rights and interests CONTRACTOR 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 CONTRACTOR in performance of this Contract for STATE shall be the sole property of STATE, and CONTRACTOR hereby assigns and transfers all its right, title, and interest therein to STATE. CONTRACTOR shall execute all necessary documents to enable STATE to protect STATE’s intellectual property rights under this section.

9. Work Product. All work product, equipment or materials created for STATE or purchased by STATE under this

Contract belong to STATE and must be immediately delivered to STATE at STATE'S request upon termination of this Contract.

10. Confidentiality. CONTRACTOR shall not use or disclose any information it receives from STATE under this Contract that STATE 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 STATE. STATE shall not disclose any information it receives from CONTRACTOR that CONTRACTOR has previously identified as confidential and that STATE 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 STATE and CONTRACTOR to maintain confidentiality of information under this section continues beyond the Term of this Contract.

11. Compliance with Public Records Laws. CONTRACTOR 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 STATE receives from CONTRACTOR under this Contract, (b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract. CONTRACTOR agrees to contact STATE immediately upon receiving a request for information under the public records law and to comply with STATE’s instructions on how to respond to such request.

12. Independent Entity. CONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal http://www.legis.nd.gov/cencode/t44.html

Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act.