Fettes+Signed+10-01-2020.pdf

State of North Dakota

INVITATION FOR BID (IFB) – MASTER TEMPLATE

OMB (1/2020)

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 Procurement Office PROCUREMENT OFFICER: Gabriel Hoggarth EMAIL: gjhoggarth@nd.gov

PHONE: 701-328-2740

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 RESPONSE 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 Proposal Receipt 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 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.

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This IFB and any related amendments and notices will be posted on the North Dakota Office of Management and Budget 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 RFP:

https://apps.nd.gov/csd/spo/services/bidder/main.htm.

Select Recent Solicitations, the 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 9/04/2020 BID NUMBER 110.7-20-089

BID TITLE Moving Services COMMODITY

CODE(S) 962-56

CONTRACT NUMBER 266 CONTRACT PERIOD 11/01/2020 – 10/31/2021

BID RESPONSE

QUESTION DEADLINE 9/11/2020 @ 12:00 PM CT BID RESPONSE

CLOSING DEADLINE 9/18/2020 @ 12:00 PM CT

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. Ensure your bid response complies with all instructions, terms and conditions, delivery requirements, and specifications.

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

c. Sign your bid response, and initial any changes or corrections

d. Ensure your Bid Response is received by the Purchasing Agency by the Bid Response Closing Deadline. Call to confirm receipt.

e. 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.

f. Submit any required samples or 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. 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.

f. Purchasing Agency: the entity on which the purchase is being made on behalf of.

g. 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.

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

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

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

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

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

m. SPO Online: a procurement information website maintained by OMB 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 Office of Management and Budget (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 Online system (SPO Online).

Bids will be accepted from bidders that are not on the Bidders List. The successful bidder must complete the Bidders List application process and comply with Secretary of State registration requirements within 60 calendar days from the date a notice of intent to award is issued. If the successful bidder does not register within this time, its bid may be rejected.

Vendor Registration Information Websites:

Secretary of State Registration. Complete the online Secretary of State registration process (fees apply):

https://firststop.sos.nd.gov/. Select “Start a Business.” You will need to create a username and password. Contact the Secretary of State, Business Services at 701-328-2904 or sosbir@nd.gov for assistance.

Bidders List Application Process. Complete the online Bidders List application process:

https://www.nd.gov/omb/vendor/bidders-list-application-and-maintenance. Contact the OMB State Procurement Office for assistance at 701-328-2773 or email infospo@nd.gov.

Bidders List Used for this Solicitation. Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential offerors. The following commodity codes were used for the Bidders List for this solicitation: Visit the SPO Online system to select and insert all applicable 5-digit commodity codes.

http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.nd.gov/sos/businessserv/registrations/vendor.html https://firststop.sos.nd.gov/ mailto:sosbir@nd.gov https://www.nd.gov/omb/vendor/bidders-list-application-and-maintenance mailto:infospo@nd.gov

Vendor Payment Registration. The successful bidder may be required to register as a new supplier to receive payment from the State. See the Office of Management and Budget website for more information:

https://www.nd.gov/omb/vendor/vendor-payments

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 closing deadline. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

Emailed or Faxed Submission Sealed bids are required; therefore, bids cannot be submitted by email or fax to the Procurement Officer. Bidders may email or fax bids to a third party to place in a sealed envelope and deliver by the Bid Response closing deadline.

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

Bidders must electronically submit Bid Responses through the State Procurement Online system (SPO Online) by the Bid Response Closing Deadline. If the signed bid response form is not submitted through the SPO system the bid will be rejected.

1. This solicitation is posted on SPO Online at: https://www.nd.gov/omb/vendor

2. Click on “Bidding Opportunities.” Go to “Recent Solicitations” and find this solicitation.

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

4. The maximum file size allowed is 50mb per file.

5. All 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.

6. Bidders 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 you do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If you do 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.nd.gov/omb/vendor/bidder-resources 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 Purchasing Agency. 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 closing 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. All Bid Responses received by the Bid Response closing deadline will be publicly opened by the Purchasing Agency at the mailing/delivery location indicated in this solicitation. Interested parties are invited to attend the Bid Response opening.

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 the SPO Online website:

https://www.nd.gov/omb/vendor.

10. Bidders List - Suspension and Debarment. Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation. 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) https://www.nd.gov/omb/vendor/vendor-payments https://www.nd.gov/omb/vendor mailto:infospo@nd.gov mailto:infospo@nd.gov https://www.nd.gov/omb/vendor/bidder-resources http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://www.nd.gov/omb/vendor 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 closing 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 closing 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 closing deadline. Before the Bid

Response closing 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 opening date and time. After Bid

Response closing deadline, no changes may be made to Bid Responses, 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/information/acdata/pdf/4-12-14.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

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:

• All or none.

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 OMB Guidelines on North Dakota 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 closing deadline. Late Bid Responses will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Purchasing Agency 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 its Effective Date, and ends on 10/31/2021.

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 12 of 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 4 options to renew this Contract under the same terms and conditions for a period of 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 Purchasing Agency. All invoice and payment inquiries must be directed to the Purchasing Agency.

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. 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.

7. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Purchasing Agency. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within Insert Number days after the request by the Procurement Officer.

The report format will be determined by mutual agreement of the CONTRACTOR and the Procurement Officer.

8. Ordering Catalogs and Literatures. CONTRACTOR will be required to furnish copies of catalogs and price lists to ordering agencies, upon request at no additional cost to the State.

9. Order Confirmation. The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering Agency within 1 working days of the order placement.

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

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 as soon as possible after the CONTRACTOR receives an order from the Ordering

Agency by issuance of a contract or purchase order or use of a purchasing card.

11. State Capitol Special Requirements: Pallet Size: When delivering pallets to the North Dakota Capital Building, pallets are not to be larger than 36"wide x48"long. The loading dock for Central Duplicating is located at 608 East Boulevard Ave. All trucks delivering to the Capitol Tower must be equipped with an operational lift gate.

13. 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.

14. 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.

15. Invoicing.

Orders will be placed by state agencies and institutions.

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 30 days of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer if there is a increase larger than 8%. 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.

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)

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 and all claims of nature including all costs, expenses and attorneys’ fees which may in any manner result from or arise out of this agreement.

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:

1) Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $1,000,000 per occurrence.

1) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of

$250,000 per person and $1,000,000 per occurrence.

2) Workers compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this contract.

3) Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance for contractors domiciled outside the state of North Dakota.

The insurance coverages listed above must meet the following additional requirements:

1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the contractor. The amount of any deductible or self-retention is subject to approval by the State.

2) This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State.

3) The duty to defend, indemnify, and hold harmless the State under this agreement shall not be limited by the insurance required in this agreement.

4) The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insured. The State shall have all the benefits, rights and coverages of an additional insured under these policies.

5) The insurance required in this agreement, through a policy or endorsement, shall include:

a) a “Waiver of Subrogation” waiving any right to recovery the insurance company may have against the State;

b) a provision that the policy and endorsements may not be canceled or modified without thirty days’ prior written notice to the undersigned State representative;

c) a provision that any attorney who represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08;

d) a provision that the contractor’s insurance coverage shall be primary (i.e. pay first) as respects any insurance, self-insurance or self-retention maintained by the State and that any insurance, self-insurance or self-retention maintained by the State shall be in excess of the contractor’s insurance and shall not contribute with it;

e) cross liability/severability of interest for all policies and endorsements;

f) the legal defense provided to the State under the policy and any endorsements must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary;

g) the insolvency or bankruptcy of the insured contractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured contractor from meeting the retention limit under the policy.

6) The contractor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement. All endorsements shall be provided as soon as practicable.

7) Failure to provide insurance as required in this agreement is a material breach of contract entitling the State to terminate this agreement immediately.

BID SPECIFICATIONS

1. Scope. The State of North Dakota, through its Office of Management and Budget, State Procurement Office, is seeking a qualified contractor to provide packing supplies and/or moving services for the relocation of equipment and furnishings used in governmental offices and other facilities on an as needed basis. Moving services may include a combination of moving items from one area to another within the same building or may include moving items between locations where the contractor will need to supply the vehicle/equipment to complete the move.

Items to be moved include, but are not limited to desks, cubicles, chairs, tables, filing cabinets, information technology equipment, artwork and other miscellaneous items. The contractor will be required to service the whole state.

2. Minimum Qualifications. Contractor shall have a minimum of five (5) years’ experience in commercial moving services, including the packing and moving of items.

3. Business / Non Business Hours. Business hours – Monday through Friday between the hours of 8AM to 5PM

CT. Non business hours – Before 8AM and after 5PM Monday through Friday and anytime on weekends. Non business hours access to the building will be agreed upon between the participating agency and contractor. Non business hours access must be used for the sole purpose of the specifications, terms and conditions set out in this bid.

4. Location of Work.

a. In town- those locations within 30 miles from the contractors location or other local office. Time charges shall begin upon contractor’s arrival at the job site. Travel time to and from the job site, which does not involve the actual move, will not be paid.

b. Out of town- those locations greater than 30 miles from the contractor’s location or other local office. Time charges shall begin upon contractor’s employees dispatched from the contractor’s facility or other identified location for the specified job. Time charges shall apply again when the contractor’s employees are dispatched from the agency facility back to the contractor’s facility or other identified location.

5. Personnel.

a. All personnel are required to be employees of the contractor. No contract or day laborers are permitted.

b. All personnel employed by the bidder shall be clearly identified as such by wearing shirts, hats, name tags, etc., in order that they may be easily identified.

c. Upon request by State, contractor shall replace any contractor personnel that State determines, in its sole discretion, to be unable to perform the responsibilities of the contract acceptably, e.g. inappropriate or unprofessional personal conduct, professional inabilities, etc.

d. Bidder shall ensure that its personnel comply with all facility restrictions such as, but not limited to:

i. Smoking in the State facilities is prohibited.

ii. Use of abusive / offensive language to or in the presence of occupants shall not be allowed.

iii. Bidder shall be responsible for any damages that occur as a result of its employees, representatives, etc.

having food/drink in the work area.

iv. Alcohol shall not be allowed / consumed at the time of or during any move.

v. Parking may be limited to particular areas around the buildings.

e. Total break allowance and lunch schedules will be coordinated with the participating agency.

f. The supervisor shall be conversant in English and have excellent communication skills. The contractor upon request shall provide evidence that the supervisor is adequately trained and paid at a higher rate than general laborers.

i. Supervisor must be available by phone or pager, responding within 30 minutes of the page. If there are contract performance problems, a supervisor must be available to meet on site as needed to resolve the problem.

ii. Contractor shall provide supervision on-site when requested by the agency.

iii. If supervisor is not required contractor cannot charge a supervisor rate.

g. The contractor may be required to obtain criminal background checks on all personnel scheduled to support the services outlined in the respective Moving Service Agreement. The background check MUST be completed and received by the agency representative before any personnel can perform any of the services. Should the contractor assign someone who has not had a background check, that person will be immediately ordered off of the project and the contractor may not bill the Participating Agency for any hours worked. Following the criminal background check, the contractor MUST remove any employee who is convicted of a felony during his employment. After initial background checks have been made, they must be done annually for any person after one (1) year. Failure to obtain background checks as specified can result in termination of the contract.

6. Project Requests. Before beginning any project, the contractor and requesting agency shall complete a Moving Service Agreement (see Attachment 1).

a. Project costs will be provided for each project request at no cost within two (2) business days from day of request, unless the contractor and requesting agency agree to a different timeframe. The costs will include detailed labor hours, number of workers, associated contract rate, and any applicable material requested (boxes, tape, etc.)

b. For coordinated moving services, the requesting agency may request a move plan and move coordination services. All planning and stages of coordination should be geared to meet a specific move date. The contractor moving coordinator shall determine the amount of effort required, plan the sequencing of the move, arrange for meetings, determine and schedule delivery of packing boxes, ensure those being moved understand their tasks and schedule deadlines, be onsite on the day(s) of the move.

c. The contractor shall at all times keep the adjacent areas of the property free from rubbish and the accumulation of any waste materials. Contractor shall be responsible for the removal of all trash at the end of each day, or more frequently as may be required by the requesting agency and immediately following the completion of the project.

Contractor shall only use building refuse containers if approved by agency.

7. Safety. Contractor shall comply with all Occupational Safety and Health Administration (OSHA) and any other applicable rules and regulations. Also, contractor shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

8. Moving of Items.

a. Contractor shall complete services within five (5) calendar days after agency approval of project cost, unless otherwise agreed upon by the requesting agency.

b. Contractor shall protect all surfaces (walls, floors, door facings, elevators, etc.) from damage by providing adequate building protection at no additional cost. The contractor shall notify the agency in writing of any pre-existing damage to furnishings, equipment, surfaces, etc., prior to the move and receive verification from the agency contact. Once the move is completed the contractor and agency contact shall inspect for any damage caused by the move. Any damage (scratches, punctures, dents, tape residue, stains, etc.) caused by the contractor shall be repaired or replaced at the contractor’s expense within thirty (30) calendar days from receipt of notice.

c. Contractor shall not exceed the recommended load limits for the elevators and the requesting agency may require specific elevators be used for the move.

d. All equipment shall be transported in a manner that provides protection from damage, moisture, dust, and shock related movement. In addition, office equipment and furniture shall not be stacked.

e. The contractor shall be responsible for the items when they are released by the State to the contractor for the services defined within each Participating Agreement.

f. All packaging provided shall be new, unless otherwise agreed upon in the Moving Service Agreement.

g. Contactor must be able to dissemble and move office cubicle furniture including but not limited to Herman Miller.

9. Damage Claims for Goods. All claims for damaged or lost equipment, furniture, etc. must be satisfied within thirty

(30) calendar days after the date of the receipt of notice at one hundred percent (100%) of repair or replacement cost.

If during a move under this Contract the contents of any carton become dislodged, disordered or disassociated from its original carton/packaging, the contractor shall reimburse the agency at an hourly rate of $20.00 per hour plus materials to reorganize and repack, if required, the original contents.

10. Delays. If delay is foreseen, the contractor shall give immediate written notice to the agency. The contractor must keep the agency advised at all times of the status of the services. Failure to meet delivery / service requirements may result in the cancellation of the agency agreement and / or result in termination of the contract by the State if delays are occurring.

11. Access to Information. The contractor acknowledges and understands that its employees may have access to proprietary, business information, or other confidential information belonging to the State. Therefore, except as required by law, the contractor agrees that its employees will not access or attempt to access data that is unrelated to their job duties or stated authorization as related to this contract, disclose confidential information to any other person, or allow any other person access to such data. Disclosure of information includes, but is not limited to, verbal discussions, fax transmissions, electronic mail messages, voice mail communication, written documentation, and/or another transmission or sharing of data. The contractor understands that violations of this provision may result in Contract termination.

12. Delivery of Packing Material. Requirement for delivery time. Will be as requested by the agency. No cost for delivery of packing material.

BID RESPONSE

Bidder Name: Fettes Transportation Systems

Award will be made to the lowest responsive and responsible bidder based on the TOTAL price listed below. Bidders must fill out all items 1-21.

ITEM

NO. DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

PRICE

1. Rate for Truck and Driver for Move - Business Hours Hour 8 $ 85.00 $ 680.00

2. Rate for Truck and Driver for Move – Non Business Hours Hour 8 $ 85.00 $ 680.00

3. Worker / Laborer Required for Move – Business Hours Hour 8 $ 35.00 $ 280.00

4. Worker / Laborer Required for Move – Non Business Hours Hour 8 $ 35,00 $ 280.00

5. Packing / Unpacking Service Labor – Business Hours Hour 8 $ 30.00 $ 240.00

6. Packing / Unpacking Service Labor – Non Business Hours Hour 8 $ 30.00 $ 240.00

7. Move Coordinator Services – Business Hours Hour 4 $ N/C $ N/C

8. Move Coordinator Services – Non Business Hours Hour 4 $ N/C $ N/C

9. Disassembling Service Labor- Business Hours Hour 8 $ 30.00 $ 240.00

10. Disassembling Service Labor- Non Business Hours Hour 8 $ 30.00 $ 240.00

11. On Site Supervisor Rate- Business Hours Hour 8 $ 25.00 $ 200.00

12. On Site Supervisor Rate- Non Business Hours Hour 8 $ 25.00 $ 200.00

13. Box (Carton) – Small 16X12X12 * Each 10 $ 3.00 $ 30.00

14. Box (Carton) – Medium 18X18X16 * Each 10 $ 4.00 $ 40.00

15. Box (Carton) – Large 18X18X24 * Each 5 $ 5.00 $ 25.00

16. Box (Carton) – Extra Large 24X18X24 * Each 5 $ 6.00 $ 30.00

17. Bubblewrap – Large Bubbles 100’ X 12’’ (LXW) * Roll 2 $ 20.00 $ 40.00

18. Shrinkwrap – 10” X 1000’ Roll 2 $ 30.00 $ 60.00

19. Roll Tape – 2” X 55 yards Roll 6 $ 3.50 $ 21.00

20. Labels – 1”X 3” 70 quantity Pack 1 $ 20.00 $ 20.00

21. Per Mile Rate for Out of Town Services / Fuel Surcharge

Per Mile 50 $ 1.00 $ 50.00

TOTAL (Add sum of all entries in the total price column) $3596.00

Note- Business hours are defined as Monday-Friday between 8AM and 5PM CT. Non business hours are defined as time before 8AM and after 5PM CT Monday-Friday and anytime on weekends.

Total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request.

*Plus or minus 2 inches will be allowed on the box sizes.

State Procurement Office

Gabriel Hoggarth

Procurement Officer II

10/01/2020

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.

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. 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.

11. 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.