Contract+-+NDHP+Uniforms+-+Streichers+-+signed.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): State Procurement Office PROCUREMENT OFFICER: Abigail Dschaak EMAIL: aadschaak@nd.gov

PHONE: 701-328-4912

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 July 29, 2022 BID NUMBER 110.7-22-050

BID TITLE

ND Highway Patrol Uniforms

COMMODITY

CODE(S)

200-(85, 86, 87, 88), 201-37

BID QUESTION

DEADLINE

August 4, 2022 by 12:00

PM CT

CONTRACT NUMBER 199

BID RESPONSE

DEADLINE

August 12, 2022 by 2:00

PM CT

CONTRACT PERIOD

September 1, 2022 through September 30, 2027

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, and initial any changes or corrections

d. Ensure your Bid Response is received by the Procurement Officer by the Bid Response deadline. Called 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 (STATE): 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 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).

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 30 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.

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.

b. 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: 200-(85, 86, 87, 88), 201-37. commodity codes

4. The successful Offeror may be required to register as a new supplier to receive payment from the STATE. New vendors (suppliers and individuals) looking to receive payment from the STATE should use the online Supplier Registration.

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.

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.

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 - Microsoft Teams Meeting

Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Meeting ID: 234 868 932 118 Passcode: aV2wer Download Teams | Join on the web Join with a video conferencing device teams@join.nd.gov Video Conference ID: 115 728 177 6 Alternate VTC instructions Or call in (audio only) +1 701-328-0950,,563250185# United States, Fargo Phone Conference ID: 563 250 185# Find a local number | Reset PIN

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:

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

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)

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.

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 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)

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. 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 September 30th, 2027.

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 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 5 options to renew this Contract under the same terms and conditions for a period of 12 months each.

3. 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.

4. 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)

5. Additions / Deletions. Items discontinued by the North Dakota Highway Patrol will be deleted from any contract awarded in accordance with this invitation to bid. Items may be deleted for other appropriate reasons as well.

Additional or replacement garments and/ or related items may be added by mutual consent, with specifications and prices agreed upon by the parties. Fabric, material, design, or construction changes to garments and/or related items may be made by mutual consent, with specifications and prices agreed upon by the parties.

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 Procurement Officer. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within 30 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. Ordering Website. CONTRACTOR will be required to establish a secure website for online ordering under this contract. The ordering website must be limited to commodities offered under this contract. The website will be set up after mutual agreement of both parties.

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

11. 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 30 days if product is in stock after the CONTRACTOR receives an order from the Ordering Agency by issuance of a contract or purchase order, use of a purchasing card, or through website.

Delivery must be made within 150 days if product is not in stock after the CONTRACTOR receives an order from the Ordering Agency by issuance of a contract or purchase order, use of a purchasing card, or through website. Delivery must be made within 90 days for special order items after the CONTRACTOR receives an order from the Ordering Agency by issuance of a contract or purchase order, use of a purchasing card, or through website.

12. Warehouse Managed Inventory. The successful vendor shall be required to carry a minimum of 4 months inventory of core sizes. This inventory will serve as a reserve inventory to that of the Ordering Agency. Upon award the vendor shall meet with the Ordering Agency and determine what inventory levels are needed in relation to the Ordering Agencies inventory. The core sizes will be determined based on the Ordering Agencies officers’ measurements taken by the successful vendor. The vendor will be required on an ongoing basis to communicate with the Ordering Agency and adjust these inventories based on the Ordering Agency’s usage.

13. Measurements. The successful bidder shall ensure a proper fit for all employees. Upon request by the Ordering Agency, the successful bidder shall measure/fit employees at no additional cost to the Ordering Agency, to obtain a proper fit for any employee experiencing problems with measuring and proper fit of the uniform items.

Measurements will be performed within twenty (20) calendar days of request. All costs associated with these measurements and proper fittings are the responsibility of the vendor. Measurements will be recorded by successful vendor and reported back to Ordering Agency. Locations for recording measurements include Bismarck, ND, Fargo, ND, Grand Fork, ND, and Minot, ND. Exact addresses will be provided to CONTRACTOR when times are finalized.

14. New Items. Items can be added to this contract through an amendment after agreement with Highway Patrol and the awarded vendor.

15. Delivery Location - F.O.B. Point and Freight. Delivery, freight, and passage of title shall under this contract shall

• F.O.B. Destination to any North Dakota location. All freight and handling is to be included in the item price. Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

• At the time of delivery, uniform items will be inspected by STATE before final acceptance. Any costs associated with returns due to non-compliance will be at the expense of the successful bidder.

Delivery Destination:

North Dakota Highway Patrol 1812 Lee Avenue, Bismarck, ND 58504

13. Sample Submission Requirement. If bidding non AB (Acceptable Brand) items, bidders that are susceptible for award must provide representative samples of fabric and color being offered at no cost to the STATE within 7 days of request to ensure compliance with the specification. All samples must be marked to show the Bidder's name, the bid number and title, and the bid item number and must indicate the brand, model, fabric weight, fabric color, fabric texture make-up. Sample swatches must be provided for the short sleeve shirt, the long sleeve shirt, the epaulette on the shirt, the Class A trouser, the Class B trouser and the stripe on each trouser. If AB sample swatch is determined to be equal; offeror will be required to provide a sample of each short and long sleeve shirt and the Class A and Class B trouser. These samples must be made to the pattern and design as equal to the make and model in this bid. The AB offeror must also include the written description of the pattern and design. These samples must be provided to the vendor within 7 days of the request. Upon request of the Bidder, samples not destroyed by examination or testing will be returned at the expense of the Bidder. If the Bidder does not request return of the sample within 7 days after notice of award, the sample will become property of the STATE (N.D.A.C. § 4-12-08-11).

Bidders susceptible for award must submit samples to the Mailing/Delivery Address below within 7 days of request.

North Dakota Highway Patrol Attention DeAnn Steckler

1812 Lee Avenue, Bismarck, ND 58504

14. Descriptive Literature. The Bid Response should 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.

15. 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.

16. Warranty. All material shall be new, of current manufacture and shall carry the standard warranties prescribed for each specified fabric. Vendor shall submit to the Ordering Agency, if requested, new fabrics to test as they come on the market. Additional or reduced cost for new fabrics for each item shall be negotiated and agreed upon in writing.

Supporting documentation showing increased or decreased costs shall include invoices of old fabric vs. cost of new fabric.

Workmanship and products shall be in accordance with standard practices of the trade. Special attention is directed to the fact that seams tearing at the seam line, gathering of fabric or puckering of garments after wear or use in not acceptable. Garments must be fully warranted against defects for a minimum of 90 days. Other specific product warranties as outlined in item specifications must be adhered to.

17. 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.

18. Invoicing. Orders will be placed by North Dakota Highway Patrol.

19. 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.

20. 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 year of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. After the initial price increase request, price increases may be submitted yearly and will be reviewed on an annual basis. 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.

A price escalation must be based on using the Consumer’s Price Index (CPI) formula indicated below. August 1, 2022 will be the reference date for the beginning (old) CPI Index. August 1, 2023 and/or August 1 of any renewal year will establish the reference date for the New CPI Index.

Old CPI index = Price Escalation Rate. Increases claimed by the contractor in accordance with this formula must be documented by the successful bidder 30 calendar days prior to the effective date of the increase, or no later than June 30 of each year. Successful vendor shall revise and distribute order forms to reflect the new prices. Effective date of price increases shall be August 1 of the new contract period.

21. 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) All prices are to include the attachment of necessary logo’s, emblems, and embellishments as specified. The cost of these items as well as the cost to sew them on is solely the responsibility of the vendor. Shirts are to include the Agency Emblem on each sleeve. Emblems will be furnished to the successful vendor by the Agency.

All pricing is to include labeling of garments. All garments must have a care label permanently affixed giving the care instructions and must show the lot number, size, fiber content and WPL number of the garment. The labels for permanent press or fine washables shall reflect specific washing care instructions.

22. 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.

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 Purchasing 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.

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.

Contractor agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers and employees (State), from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. This obligation to defend, indemnify, and hold harmless does not extend to professional liability claims arising from professional errors and omissions. The legal defense provided by Contractor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Any attorney appointed to represent the State 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. Contractor also agrees to reimburse the State for all costs, expenses and attorneys' fees incurred if the State prevails in an action against Contractor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination 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 and Contractor shall require all subcontractors, prior to commencement of an agreement between Contractor and the subcontractor, to 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:

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.

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.

Employer’s liability or “stop gap” insurance of not less than $2,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

SECTION 5

BID RESPONSE FORM

SPECIFICATIONS

Bidders must complete Attachment A in order to be responsive to the bid.

Scope of Project

Men Women Class A Trousers Class A Trousers Class A Honor Guard Trousers Class A Honor Guard Trousers

Class B Trousers Class B Trousers Class A Long Sleeve Shirt Class A Long Sleeve Shirt Class A Short Sleeve Shirt Class A Short Sleeve Shirt Ties Ties

Honor Guard Tunic Honor Guard Tunic

Command Staff Dress Jacket Command Staff Dress Jacket

FABRIC: All Fabric must be Stock Dyed Class A Dress Trouser: TIC# T376688PT‐11G, 16‐16.5oz 55/45 Pink Tan Elastique, Stripe, TIC#37748PT 16‐16.5oz 55/45 Brown Elastique.

Class B Uniform Trouser: TIC#T317187PT‐8, 74/24/2 13 OZ, Pink Tan Twill, Stripe, TIC# T314235PT‐9 12oz 75/25 Brown Twill

Long Sleeve Shirt Fabric: TIC# T3510232PT‐3, 55/45 3PLY, 11.5 OZ, Brown with Pink Tan Epaulets and Pocket Flaps (TIC#

353613PT‐15 55/45).

Short Sleeve Shirt Fabric: TIC# T3510232PT-3, 55/45 3PLY, 11.5 OZ, Brown with Pink Tan Epaulets and Pocket Flaps

(TIC# 353613PT-15 55/45).

Tie: Pink Tan to match the epaulets and pockets on shirt.

Honor Guard Tunic and Command Staff Dress Jacket: Elastique Weave

PATTERN/SIZING:

Class A Dress Trouser and Honor Guard Trouser: Male Pattern to have engineered Diamond Gusset Crotch, Sizes 28‐38 all sizes, 38‐50 even sizes only. Women’s Pattern to be a modern updated short rise Female Cut. Sizes 2‐28 even sizes.

Class B Uniform Trouser: Male Pattern to have engineered Diamond Gusset Crotch, Sizes 28‐38 all sizes, 38‐50 even sizes only. Women’s Pattern to be a modern updated short rise Female Cut. Sizes 2‐28 even sizes.

Male Shirts short sleeve and long sleeve: Patterns must be designed for a Semi Tapered Fit. Neck sizes must be 14‐14.5, 15, 15.5, 16, 16.5, 17, 17.5, 18, 18.5, 19‐19.5, 20‐20.5, 21‐21.5.. For long sleeve shirt, sleeve Lengths of 30/31 (14.5‐ 16.5) 32/33 (14.5‐17.5) 34/35 (14.5‐21.5) 36/37 (16.5‐21.5) 38/39 (17.5‐19.5)

Female Shirts short sleeve and long sleeve: Patterns must be modern updated. Bust sizes 32 through 46. For long sleeve the sleeve lengths are to be graded.

Ties: Clip on 16”, 18”, 20” clip on, tie tie 57” and 60”; both to be approximately 3” wide at the bottom. Female tie one size fits all.

Honor Guard Tunic and Command Staff Dress Jacket to be finalized at a later date.

SPECIAL ORDERS: The vendor must indicate on the Bid Form in the space provided the percentage of increase from the bid prices for all Special Order sizes. There shall be no other extra charge for special orders other than this percentage of increase. Special Orders are those items that are outside of the listed size scale or altered or manufactured to fit a special need. Items that are deemed “Special” shall be delivered within 90 days.

LABELING: All garments must have a care label permanently affixed giving the care instructions and must show the lot number, size, fiber content and WPL number of the garment. The labels for permanent press or fine washables shall reflect specific washing care instructions.

EMBLEMS, LOGO’S, EMBELISHMENTS: All prices are to include the attachment of necessary logo’s, emblems, and embellishments as specified. The cost of these items as well as the cost to sew them on is solely the responsibility of the vendor. Shirts are to include the Agency Emblem on each sleeve. Emblems will be furnished to the successful vendor by the Agency.

Basic Class A Trouser Description and Photo Model‐ Spiewak SPD68ND or Agency Approved Equivalent Description‐ 4 Pocket Class A Pant, Pink Tan with Brown Stripe, Male and Female Designs, 2 Front Quarter Top Pocket with 2 Rear Pockets (Button closer left rear pocket), Brass YKK Zipper, Diamond Gusset Crotch, SRS Shirt Retention

System, Duel Riveted Hook and Eye Closer. Stay‐tucked strip on the inside of the waist band that coincides with the strips on the shirt. Trousers to have an expandable waist band.

Fabric‐ TIC# T376688PT‐11G, 16‐16.5oz 55/45 Pink Tan Elastique, Stripe, TIC#37748PT 16‐16.5oz 55/45 Brown Elastique, All Fabrics must be Stock Dyed

Honor Guard Class A Trouser Description and Photo Model‐ Spiewak SPD68ND or Agency Approved Equivalent Description‐ 4 Pocket Class A Pant, Pink Tan with Gold Stripe, Male and Female Designs, 2 Front Quarter Top Pocket with 2 Rear Pockets (Button closer left rear pocket), Brass YKK Zipper, Diamond Gusset Crotch, SRS Shirt Retention System, Duel Riveted Hook and Eye Closer. Stay‐tucked strip on the inside of the waist band that coincides with the strips on the shirt. Trousers to have an expandable waist band.

Fabric‐ TIC# T376688PT‐11G, 16‐16.5oz 55/45 Pink Tan Elastique, Stripe, 16‐16.5oz 55/45 Gold Elastique, All Fabrics must be Stock Dyed

Basic Class B Trouser Description and Photo Model‐ Spiewak SPD27ND or Agency Approved Equivalent Description‐ 8 Pocket Class B Pant, Pink Tan with Brown Stripe, Male and Female Designs, 2 Front Quarter Top Pocket with 2 Rear Pockets (Button closer left rear pocket), SAP Pockets Below rear pockets with outer edge to be aligned with rear pocket. Hidden and Secure Internal Side Cargo Pockets. Brass YKK Zipper, Diamond Gusset Crotch, SRS Shirt Retention System, Duel Riveted Hook and Eye Closer. Stay‐tucked strip on the inside of the waist band that coincides with the strips on the shirt. Trousers to have an expandable waist band.

Fabric‐ TIC#T317187PT‐8, 74/24/2 13 OZ, Pink Tan Twill, Stripe, TIC# T314235PT‐9 12oz 75/25 Brown Twill, All Fabrics must be Stock Dyed

Basic Class A Male Long Sleeve Shirt Description* Model‐ Spiewak SPD65ND or Agency Approved Equivalent Description‐ Male Long Sleeve Shirt, Brown with Pink Tan Epaulets and Pocket Flaps, Male Semi Tapered Patterns.

Zippered Front prepped for Metal Buttons on Pocket Flaps, Sleeve Cuffs, and Epaulets. Pintucked Stitched in Creases.

Full Collar Stand with heavy Inner linings and satin lining, Button Down Collar Feature with collar stays to run down through the leading edge. One metal eyelet badge holder on left chest, several stay‐tucked strips on the shirt that coincides with the strip on the trousers. Placketed Sleeve with Sleeve Cuff to have Heavy Inner Linings. Notch in Placket for Tie Bar Gusseted Mesh Underarms with Back Insert‐Shirts will have color corresponding Mesh inserts starting approx. half way up the side seam tapering up to the arm hole where the side panel will join two mesh inserts under the arm and behind the rear arm hole joining the rear yoke. Mesh shall be non‐pill anti‐microbial.

Fabric‐ TIC# T3510232PT‐3, 55/45 3PLY, 11.5 OZ, Brown with Pink Tan Epaulets and Pocket Flaps (TIC# 353613PT‐15 55/45). All Fabrics must be Stock Dyed

Basic Class A Female Long Sleeve Shirt Description*

Model‐ Spiewak SPD6ND or Agency Approved Equivalent Description‐ Female Long Sleeve Shirt, Brown with Pink Tan Epaulets and Pocket Flaps. Zippered Front prepped for Metal Buttons on Pocket Flaps, Sleeve Cuffs, and Epaulets. One metal eyelet badge holder on left chest, several stay‐ tucked strips on the shirt that coincides with the strip on the trousers. Pintucked Stitched in Creases. Front to close Right over Left. Spread Collar with Hidden Button Down Feature, heavy Inner linings and satin lining, Collar stays to run down through the leading edge. Placketed Sleeve to have cuffs with Heavy Inner Linings. Notch in Placket for Tie Bar Gusseted Mesh Underarms with Back Insert‐Shirts will have color corresponding Mesh inserts starting approx. half way up the side seam tapering up to the arm hole where the side panel will join two mesh inserts under the arm and behind the rear arm hole joining the rear yoke. Mesh shall be non‐pill anti‐microbial.

Fabric‐ TIC# T3510232PT‐3, 55/45 3PLY, 11.5 OZ, Brown with Pink Tan Epaulets and Pocket Flaps (TIC# 353613PT‐15 55/45). All Fabrics must be Stock Dyed

*(All shirts to be delivered with NDHP shoulder patches sewn on 1/2" down from the shoulder seam)

Basic Class A Male Short Sleeve Shirt Description* Model‐ Spiewak SPD60ND or Agency Approved Equivalent Description‐ Male Short Sleeve Shirt, Brown with Pink Tan Epaulets and Pocket Flaps, Male Semi Tapered Patterns.

Zippered Front prepped for Metal Buttons on Placket, Pocket Flaps, and Epaulets. Pintucked Stitched in Creases. Spread Collar with heavy Inner linings and satin lining, Collar stays to run down through the leading edge. Cuffed and Notched sleeve. One metal eyelet badge holder on left chest, several stay‐tucked strips on the shirt that coincides with the strip on the trousers.

Gusseted Mesh Underarms with Back Insert‐Shirts will have color corresponding Mesh inserts starting approx. half way up the side seam tapering up to the arm hole where the side panel will join two mesh inserts under the arm and behind the rear arm hole joining the rear yoke. Mesh shall be non‐pill anti‐microbial.

Fabric‐ TIC# T3510232PT‐3, 55/45 3PLY, 11.5 OZ, Brown with Pink Tan Epaulets and Pocket Flaps (TIC# 353613PT‐15 55/45). All Fabrics must be Stock Dyed

Basic Class A Female Short Sleeve Shirt Description* Model‐ Spiewak SPD61ND or Agency Approved Equivalent Description‐ Female Short Sleeve Shirt, Brown with Pink Tan Epaulets and Pocket Flaps. Zippered Front prepped for Metal Buttons on Placket, Pocket Flaps, and Epaulets. Pintucked Stitched in Creases. Front to close Right over Left.

Spread Collar with heavy Inner linings and satin lining, Collar stays to run down through the leading edge. Cuffed and Notched sleeve. One metal eyelet badge holder on left chest, several stay‐tucked strips on the shirt that coincides with the strip on the trousers.

Gusseted Mesh Underarms with Back Insert‐Shirts will have color corresponding Mesh inserts starting approx. half way up the side seam tapering up to the arm hole where the side panel will join two mesh inserts under the arm and behind the rear arm hole joining the rear yoke. Mesh shall be non‐pill anti‐microbial.

Fabric‐ TIC# T3510232PT‐3, 55/45 3PLY, 11.5 OZ, Brown with Pink Tan Epaulets and Pocket Flaps (TIC# 353613PT‐15 55/45). All Fabrics must be Stock Dyed

*(All shirts to be delivered with NDHP arm patches sewn on 1/2" down from the shoulder seam.)

Ties:

Pink tan to match epaulettes on shirt. Three type of ties: clip on, tie‐tie, female tie. Clip on ties 16”, 18”, 20” in length and 3” wide. Tie Ties to be 57” and 60” long with 3” wide at the end of the tie. Female Tie one size.

New Items:

THE BELOW ITEMS WILL BE ADDED AT A LATER DATE THROUGH AN AMENDMENT. Highway Patrol will work out specifications with the awarded vendor.

Honor Guard Tunic: Elastique Weave brown with gold embellishments. P Buttons in two different sizes. Pattern and Design to be mutually agreed upon by successful vendor.

Staff Command Dress Jacket: Elastique weave brown with pink tan epaulettes and embellishments. P Buttons. Pattern and Design to be mutually agreed upon by successful vendor.

Delivery Address: North Dakota Highway Patrol, 1812 Lee Avenue, Bismarck, ND 58504

Delivery Date Time Required: Stock Items 30 days. Non-Stock Items 150 days. Special Order Items 90 days.

Billing Address: ndhpap@nd,gov North Dakota Highway Patrol 600 E Boulevard Avenue Department 504 Bismarck ND 58505-0240

Bidder’s Delivery Time: After Receipt of Order

Bidder Prompt Payment Discount, if applicable:

(Discounts not considered in evaluating prices.)

Service Provider: The CONTRACTOR must provide a dedicated service provider to support for this contract. During the contract term, the CONTRACTOR shall notify the Procurement Officer if CONTRACTOR’s service provider changes.

Sales Representative: The CONTRACTOR must provide a dedicated sales representative to provide support for this contract. The sales representative will be required periodically visit ordering agencies to provide information regarding products available under the contract and assistance with order placement. During the contract term, the CONTRACTOR shall notify the Procurement Officer if the CONTRACTOR’s sales representative changes.

Service Provider/ Sales Representative Name:

Address:

City & State & ZIP

Phone Number:

Cell Phone Number:

Toll Free Number:

E-Mail Address:

Fax Number:

As required and stated above

N/A

Eric Johnson / Brant Minsaas

10911 Highway 55

Plymouth, MN 55441

EJ 763-252-2527 / BM 763-252-2540

/BM 612-961-7048

800-367-3763 ericj@streichers.com / brantm@streichers.com

763-546-6776

BIDDER INFORMATION AND SIGNATURE

By submitting a Bid Response, the Bidder agrees to sell, furnish, and deliver to the STATE all commodities and services contained in this Invitation for Bid for which a contract is awarded by the STATE. The Bidder shall fully perform the contract in accordance with all the specifications, requirements, terms, and conditions, and shall comply with all applicable provisions of the North Dakota Century Code, including chapters 54-44.4, 46-02, and 44-08, and North Dakota Administrative Code Chapter 4-12, made part of the Invitation for Bid and resultant contract by reference.

Written acceptance of the Bid Response by the STATE constitutes a binding contract made and entered into by and between the State of North Dakota, acting through the Purchasing Agency, and the Bidder named below. Written acceptance may be made by execution of a contract, purchase order, or order using a state purchasing card.

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.

Bidder/Contractor Name:

Contractor Federal Employer Identification Number (FEIN)

Bidder Street Address/ P.O. Box:

City,…