Minn-Kota+Communications+-+signed.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(January 2021)

DATE ISSUED May 26, 2021 BID NUMBER 112-2125

BID TITLE

Radios - Public Safety Mobile Radio Communications

COMMODITY

CODE(S)

726-13, -16, -24, -57, -70, -77, - 88, -89, -90, 838-23, -45, -47

BID QUESTION

DEADLINE

June 2, 2021 3:00 PM CT CONTRACT NUMBER 076-02

BID RESPONSE

DEADLINE

June 8, 2021 3:00 PM CT CONTRACT PERIOD 07/01/2021 - 06/30/2023

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: Information Technology Department PROCUREMENT OFFICER: Brandy Peterson EMAIL: bIpetersonnd.qov

PHONE: 701-328-1888

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 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 IFB: https://apps.nd.qov/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.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bid Opening Date: June 8, 2021 3:00PM, CT

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 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. Purchasinq Aqencv: 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.

I. 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 Reqistration 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).

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

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 sosbirnd.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 infospocnd.qov.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bidders List Used for this Solicitation. Notices related to this IFB 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: 726-13, -16, -24, -57, -70, -77, -88, -89, -90, 838- 23,45,47

38- 23,-45,-47

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 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 Online system (SPO Online) by the Bid Response Deadline.

1. This solicitation is posted on SPO Online at: https://www.nd.qov/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 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. 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.

7. Bidders will receive an email confirmation from infospond.qov 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 infospond.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 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. All Bid Responses received by the Bid Response deadline will not be publicly opened by the Procurement Officer at the mailing/delivery location indicated in this solicitation.

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,.//vvww.nd.gov/omb/vendor.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

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, Chanqes/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. Packaqing. 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. Siqnature. 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 chanqes 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 chanqes to a Bid Response after the Bid Response deadline. After the Bid Response 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.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

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:

Multiple awards to more than one Bidder

2. 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)

3. 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)

4. 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)

5. 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.

6. 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)

7. Relection. 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)

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Errorl Reference source not found.

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.0 § 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.0 § 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 07/01/2021 and ends on 06/30/2023.

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

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

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to three (3) options to renew this Contract under the same terms and conditions for a period of 12 months each.

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

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

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

6. 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 7 days after the request by the Procurement Officer.

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

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

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 three working days of the order placement.

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

• 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.

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 Reiection. 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. Invoicinq.

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:

• Percent Off List Price Pricing shall be a percent off list price (Section 5 of this Contract) of the manufacturer's complete product lines. Additionally, the State reserves the right to take advantage of the minimum discount offered for the other related product catalog items.

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 4-12-10-02)

19. Specifications, Brand Name. The specific brand name or make/model is required, and substitutions will not be accepted.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

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:

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.

2) 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.

3) 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.

4) 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.

5) Professional errors and omissions with minimum limits of $1,000,000 per claim and in the aggregate, Contractor shall continuously maintain such coverage during the contact period and for three years thereafter. In the event of a change or cancellation of coverage, Contractor shall purchase an extended reporting period to meet the time periods required in this section.

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.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bid Opening Date: June 8, 2021 3:0013M, CT

4) The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy on a primary and noncontributory basis, 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 that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor.

5) A Waiver of Subrogation" waiving any right to recovery the insurance company may have against the State.

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.

8) Contractor shall provide at least 30 day notice of any cancellation or material change to the policies or endorsements. Contractor shall provide on an ongoing basis, current certificates of insurance during the term of the contract. A renewal certificate will be provided 10 days prior to coverage expiration. An updated, current certificate of insurance shall be provided in the event of any change to a policy.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

BIDDERS AFFIRMATION

Bidders must accept the following, if any of the items below are declined the bid response will be deemed unresponsive. If a Bidder is not responding to a specific category please put N/A in the column.

ITEM DETAILED SPECIFICATIONS Accepts Declines

Warranty and Service

1.

Manufacturer's Warranty:

The terms of the manufacturer's standard warranty shall apply to all items purchased from the contract that is awarded as a result of this solicitation.

X

2.

Local Warranty Service:

Local warranty service must be available from authorized manufacturer's service facilities located in North Dakota. All warranty maintenance and/or repair of equipment purchased from the contract will be done at the manufacturer's expense, per the manufacturer's standard warranty certificate.

X

Product Re • uirements Contract Radio Equipment Categories:

The STATE has specific identified categories of radio equipment to be included in this contract, additionally each bidder may include optional Miscellaneous categories.

1.

Category: Mobiles. Each bidder shall offer the manufacturer's line of mobile equipment. Options must include, but are not limited to, control heads, speakers, and accessories.

X

2.

Category: Portables. Each bidder shall offer the manufacturer's line of portable communication equipment, including marine and EMS type portable equipment. All accessory items designed to operate with a product line should be included, such as chargers, vehicular conversion units, speakers, and microphones.

X

Category: Base stations and repeaters. Each bidder shall offer the manufacturer's line of base station/repeater equipment, including desktop models and mobile conversion units. All options and accessories available with each station should be included in the bid response.

4. Category: Mobile antennas. X

5. Category: Base antennas. X

6. Category: Coaxial cable and connectors. X

7. Category: Consoles. X

8. Category: Duplexers, cavities, filters, and combiners. X

9. Category: Holsters X

10.

Category: Software/Firmware. Radio Software and Radio programming software and associated firmware for connection to PC used for programming mobiles and bases.

X

11. Category: Batteries. X

12 Category: Technical Furniture (workstations, computer furniture & accessories). X

13. Category: Analog Radio equipment and related accessories X

14. Category: Miscellaneous Radio equipment optional. X

Price Page Dates

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

ITEM DETAILED SPECIFICATIONS Accepts Declines

New Equipment and Materials:

Parts and equipment purchased under this contract shall be typical new production line items. Items shall have been subjected to only that service required for the manufacturer to accomplish its normal production quality control activities. State reserves the right to request pricing for used equipment, refurbished equipment, engineering prototype models or sample test models.

X

Name Plates and Serial Numbers:

The major functional units shall be supplied with a manufacturer's nameplate designating the manufacturer, the model number or other product identification and a unique item serial number. Other accessory items need not meet this requirement. Nameplates subject to peeling or detachment under normal handling are unacceptable.

3.

Equipment Standards:

All equipment offered must have a current FCC type acceptance number assigned to the product and meet the standards established by TIA. This information must be provided in the supporting data, or a statement stating that all equipment offered meets or exceeds these requirements.

X

4.

Pricing will be a percentage discount from published catalogs, price lists or price schedules for each brand within the category being bid. Bidders may submit multiple brands for each category being offered.

X

5.

Successful bidders will be required to furnish catalog copies or website information to the state and users of this contract. Descriptive literature or equipment nomenclature sheets shall be provided to users upon request.

X

The published catalog or price list may be updated during the contract period to reflect manufacturer's price adjustments, product additions, and product deletions as agreed. The contract discounts will be applied to the catalog or price list in effect at the time of sale, not at time of shipment.

7.

Offerors must allow the State trade-in options. It is expected that Offerors will honor any promotions, discounts and trade-in opportunities that are available that exceed percentage off discount.

X

Bidders must indicate the name and date of the price list or catalog from which their discount will be applied or website reference to the information with their bid. Printed copies of price lists or catalogs are not required if such information is available on a website.

9.

Miscellaneous categories may be identified and added to the Bid Cost Response beginning with Line 14. Additional blank categories are provided for bidder convenience for optional categories.

X

Bidders must provide current Service Representative Contact information for this state contract with bid response. Complete the provide Service Representative Contact form or attach a document to the bid with the Service Representative information.

11.

Bidders must provide a list of dealers' service facilities and locally contracted service providers that will maintain and service equipment purchased under this state contract. Complete the provided Service Response Form or attach a document to the bid with the dealer service information.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bid Opening Date: June 8, 2021 3:0013M, CT

SECTION 5

BID RESPONSE FORM

SPECIFICATIONS

(Responses on this form are required.)

In order to provide a wide variety of products under each of the categories below, bidders may add lines as necessary to the table below.

ITEM

NO. QTY CATEGORY DISCOUNT RESPONSES BRAND % OFF UST

PRICE

1 1 MOBILES JVC Kenwood/ EF Johnson 20%

2 1 PORTABLES JVC Kenwood/ EF Johnson 20%

3 1 BASE STATIONS AND REPEATERS JVC Kenwood/ EF Johnson 20%

1 Codan Communications 10% or by quote

4 1 MOBILE ANTENNAS Laird/Maxrad 10%

5 1 BASE ANTENNAS Telewave/Decibel/Tessco 5%

6 1 COAXIAL CABLE AND CONNECTORS Times 5%

N/A

7 1 CONSOLES Telex 5% or by quote

8 1

DUPLEXERS CAVITIES FILTERS &

COMBINERS

JVC Kenwood/ EF Johnson 20%

1 Codan Communications 10% or by quote

9 1 HOLSTERS JVC Kenwood/ EF Johnson 20%

10 1 SOFTWARE/FIRMWARE JVC Kenwood/ EF Johnson 20%

1 Codan Communications 20%

11 1 BATTERIES JVC Kenwood/ EF Johnson 20%

1 Power Products 20%

N/A 12 1 TECHNICAL FURNITURE Dispatch Products 10%

13 1

ANALOG RADIO EQUIPMENT &

ACCESSORIES JVC Kenwood/ EF Johnson 20%

1 Codan Communications 10% or by quote

14 1 OTHER (Optional)

1 Pagers Swissphone 5% or by quote 1 Apollo 5% or by quote 1 Voice Recorders Higher Ground 5% or by quote 1 Vehicle Repeaters JVC Kenwood/ EF Johnson 20% 1 Pyramid 15% 1 Siren and lights Whelen/Multiple Vendors 10%

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

SPECIFICATIONS

I Cellular Boosters Wilson Electronics 10%

1 Security Cameras Systems JVC Kenwood 10% or by quote

The State is also inviting bidders to provide a minimum discount on their product catalog for related products.

Minimum discount: 10%

Bidder's Delivery Time: Approximately 6 to 8 weeks Some lead times could be shorter or longer After Receipt of Order

Bidder Prompt Payment Discount, if applicable:

(Discounts not considered in evaluating prices.)

None

FOB: Destination to the shipping location Price Page Dates JVC Kenwood EF Johnson 2020 Codan Communications 1221 20 Swissphone 2020 Zetron 2021 Apollo 2018 Pyramid 72020 Tessco On line Power Products 122020

SIRN 2020 Approved Radios

ITEM NO. QTY BRAND COST

1 1 JVC/Kenwood EFJ CEvo5007283 VP5430 7/800 Mhz Model 2 Black All accessories features warranty listed on nd.gov/itd site

$1515.60

2 1 JVC/Kenwood EFJ CEvo5008806 VP5430 7/800 Mhz Model 2 Yellow All accessories features warranty listed on nd.gov/itd site $2015.60

3 1 JVC/Kenwood EFJ CEvo5007286 VP6430 7/800 MHz, Model 2, Green All accessories features warranty listed on nd.gov/itd site $3215.60

4 1 JVC/Kenwood EFJ CEvo5007288 VP6430 7/800 MHz, Model 2, Black All accessories features warranty listed on nd.gov/itd site $3211.60

JVC/Kenwood EFJ CEvo5007293 VP900 78V M2 1MM 78VHALFS LIION BILK

P25 Black All accessories features warranty listed on nd.gov/itd site By Quote

6 1 JVC/Kenwood EFJ CEvo5008690 VM5930, 7/800, Dash, KCH-19, Mobile All accessories features warranty listed on nd.gov/itd site

$1830.00

7 1 JVC/Kenwood EFJ CEvo5008181 VM5930 7/800, Single Remote, KCH-19, Mobile Black All accessories features warranty listed on nd.gov/itd site $2215.00

8 1 JVC/Kenwood EFJ CEvo5008189 VM6930 7/800, Single Remote, VCH, Mobile All accessories features warranty listed on nd.gov/itd site

$3170.00

JVC/Kenwood EFJ CEvo5008926 VM6930 7/800, Dual Remote, VCH, Mobile All accessories features warranty listed on nd.gov/itd site $3560.00

10 1 JVC/Kenwood EFJ CEvo5008187 VM7000 Dual Deck, Single Remote, KCH-20 No encryption All accessories features warranty listed on nd.gov/itd site By Quote

11 1 JVC/Kenwood EFJ CEvo5008182 VM7000 Dual Deck, Single Remote, KCH-20 All accessories features warranty listed on nd.gov/itd site

By Quote

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

SIRN 2020 Approved Radios

ITEM NO. QTY BRAND COST

12 1 JVC/Kenwood EFJ CEvo5011350 Accessories all listed by item All accessories features warranty listed on nd.gov/itd site

By item listing

FOB: Destination to the shipping location

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:

Minn-Kota Communications, Inc.

Brian Mortenson

Address: 7940 178th Ave SE

City & State & ZIP: Wahpeton, ND 58075

Phone Number: 701-642-9229

Cell Phone Number: 701-899-9229

Toll Free Number: 1-800-313-4592

E-Mail Address: techminn-kota.net

Fax Number: 701-642-9220

Company Website:

For STATE to access manufacturer's product line list price.

www.minn-kota.net

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 NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bidder/Contractor Name: Minn-Kota Communications, Inc.

Contractor Federal Employer Identification Number (FEIN) 450390328

Bidder Street Address!

P.O. Box: 7940 178th Ave SE

City, State ZIP: Wahpeton, ND 58075

Contact Name: Brian Mortenson

Contact Title: Sec/Treas

Telephone Number: 701-642-9229

Email: tech (minn-kota.net

Authorized Representative Signature:

Date 6/4/2021

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

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

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

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bid Opening Date: June 8, 2021 3:00PM, CT

Greg Hoffman

Director, Administrative Services https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAVd_ud4ZtUza5TP7gfmxUys5QDbNNU2TD

Date:

Acting through its State Procurement Office:

BY: (Signature)

Printed Name:

Title:

Date:

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

Bid Opening Date: June 8, 2021 3:00PM, CT

Angie Scherbenske

Procurement Officer II

Angie Scherbenske (Jun 29, 2021 17:07 CDT) Angie Scherbenske

06/29/2021

06/29/2021 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAVd_ud4ZtUza5TP7gfmxUys5QDbNNU2TD

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. Purchasinq 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.

BIDDER NAME: Minn-Kota Communications, Inc.

Bid No: 112-2125Error! Reference source not found.

c. Termination for Lack of Fundinq 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 Maleure. Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God, or war if the event is beyond the party's reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

8. Works for Hire. CONTRACTOR acknowledges that all work(s) under this Contract is work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to STATE all rights and interests CONTRACTOR may have in the work(s) it prepares under this Contract, including any right to derivative use of the work(s). All software and related materials developed by CONTRACTOR in performance of this Contract for STATE shall be the sole property of STATE, and CONTRACTOR hereby assigns and transfers all its right, title, and interest therein to STATE. CONTRACTOR shall execute all necessary documents to enable STATE to protect STATE's intellectual property rights under this section.

9. Work Product. All work product, equipment or materials created for STATE or purchased by STATE under this Contract belong to STATE and must be immediately delivered to STATE at STATE'S request upon termination of this Contract.

10. Confidentiality. CONTRACTOR shall not use or disclose any information it receives from STATE under this Contract that STATE has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Contract or as authorized in advance by STATE. STATE shall not disclose any information it receives from CONTRACTOR that CONTRACTOR has previously identified as confidential and that STATE determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota public records law, N.D.C.C. ch. 44-04. The duty of STATE and CONTRACTOR to maintain confidentiality of information under this section continues beyond the Term of this Contract.

11. Compliance with Public Records Laws. CONTRACTOR Under the North Dakota public records law and subject to the Confidentiality clause of this Contract, certain records may be open to the public upon request. Public records may include: (a) records STATE receives from CONTRACTOR under this Contract, (b) records obtained by either

BIDDER NAME: Minn-Kota Communications, Inc.

Bid…