Davey+Coach+Contract.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(August 2022)

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: Chad Keech EMAIL: ckeech@nd.gov

PHONE: 701-328-2767

TTY Users call: 7-1-1

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response deadline. The Procurement Officer may elect to respond to questions received after the deadline.

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

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

STATE PROCUREMENT WEBSITE (SPO ONLINE)

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

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

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

DATE ISSUED 3/16/2023 BID NUMBER 110.7-23-022

BID TITLE 15 Passenger (Including Driver) Cutaway

COMMODITY

CODE(S)

071 – 14, 15, 16, 86, 90, 91, 92 556 – 10, 15, 20, 30, 40, 50, 60, 70

BID QUESTION

DEADLINE 3/23/2023 @ 12:00 PM CT CONTRACT NUMBER 300

BID RESPONSE

DEADLINE 4/06/2023 @ 2:00 PM CT CONTRACT PERIOD See section 3 Terms of

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

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

a. Ensure your Bid Response complies with all instructions, terms and conditions, delivery requirements, and specifications.

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

c. Sign your bid, 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 Bidder

Registration | 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: Insert all applicable 5-digit 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.

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

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: Insert webinar or conference call instructions mailto:infospo@nd.gov mailto:infospo@nd.gov mailto:infospo@nd.gov https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

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

10. Bidders List - Suspension and Debarment. Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation. A vendor may be removed from the Bidders List if a solicitation notice is undeliverable. Vendors may be suspended or debarred from the Bidders List for cause. (N.D.A.C. ch. 4-12-05)

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

12. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each

Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

13. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws.

Interested parties may contact the Procurement Officer to request information related to this solicitation.

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

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

Response deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award. Protests must be made in writing to the Procurement Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. ch. 4-12-14.)

16. Signature. The Bidder’s authorized representative must provide their printed name, title, and sign the Bid

Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer. (N.D.A.C. ch. 4-12-10)

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

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

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

19. Withdrawals or changes to a Bid Response after the Bid Response deadline. After the Bid Response deadline, no changes may be made to Bid Response, except as provided in N.D.A.C. ch. 4-12-10. The Bidder’s authorized representative may make a written request to withdraw the Bid Response.

http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

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

• Award will be made as follows: Multiple awards to more than one bidder, if bids are for different make or model.

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

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

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

08-01.1)

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

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

4. Late Bid Responses. Bid Response responses must be received by the Procurement Officer by the Bid Response deadline. Late Bid Responses will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Procurement Officer and discovered before the selection of the successful Bidder. (N.D.A.C. § 4-12-08- 13)

5. Responsiveness of the Bid Response. Any Bid Response that does not meet the requirements of the solicitation, other than mistakes determined to be minor informalities, will be rejected. (N.D.A.C. § 4-12-11-03)

6. Minor Informalities. The STATE reserves the right to waive minor informalities in Bid Responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the Bid Response document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Bidders. (N.D.A.C. ch. 4-12-10)

7. Mistakes. The Procurement Officer may confirm the Bid Response in the event of apparent errors, such as an unreasonably priced Bid Response. Mistakes will be handled in accordance with N.D.A.C. ch. 4-12-10.

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

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

Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

a. the Bid Response is determined to be not responsive to the instructions, specifications, and other requirements of the solicitation, other than mistakes or omissions determined to be minor informalities;

b. the Bid Response is determined to be late;

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

d. the Bidder is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04;

e. the Bid Response is not legible.

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

SECTION 3

SPECIAL TERMS AND CONDITIONS

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

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

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

a. Contract Period. This Contract term (Term) begins on its Effective Date, and ends twelve (12) months from the effective date.

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

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

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

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

e. Renegotiation Option. In view of the fact that it is unknown how long the products and services will be employed by STATE and that STATE will require ongoing maintenance and support of the products for as long as the system is operational, therefore after completion of the initial Term of this Contract including any extensions and renewals, STATE and Contractor may renegotiate this Contract upon mutual agreement of the parties.

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

• Invoices must be addressed to the Purchasing Agency. All invoice and payment inquiries must be directed to the Purchasing Agency.

• 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 Purchasing Agency. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within ten (10) days after the request by the Procurement Officer.

http://www.legis.nd.gov/cencode/t39c04-2.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

Report Format:

Contract spend reports, may be requested by Procurement Officer and due in ten (10) days. Reports shall be in an editable spreadsheet format and shall include the following details:

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

b. Name of ordering entity, for example ND Purchasing Agency or Cooperative Purchasing Entity,

c. Order date, ship date,

d. Brief description of vehicle,

e. OEM Model number, Make, Year

f. Sell price of unit,

g. Units sold,

h. Grand total for the report.

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

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 15 working days of the order placement.

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

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

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

11. Delivery Location - F.O.B. Point and Freight. 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. Descriptive Literature. The Bid Response must include descriptive literature or detailed manufacturer specifications for the offered equipment or commodities. Bidders are instructed to clearly mark the literature that demonstrates compliance with the specifications. Indicate whether optional features are included to meet the specifications.

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

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

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

16. Invoicing.

Orders will be placed by state agencies and institutions.

17. 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.

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

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

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

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

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

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

19. 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)

20. 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.

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

VEHICLES:

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

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

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

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

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

23. Delivery and Orders. The CONTRACTOR must deliver commodities and services ordered under this contract by as follows:

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

b. Delivery must be made within 180 - 300 days after the contractor receives an order from the Purchasing Agency or entity by issuance of a purchase order or use of a purchasing card.

c. Confirmation of After Receipt of Order delivery lead time is required on the Attachment 6 - Bid Response Worksheet - ARO response line.

d. If delivery requirements cannot be met within the specified time, the bidder must notify the Purchasing Agency or entity promptly by telephone with a follow-up by email or mail of the delay and the approximate date delivery may be expected. Repeated delivery delays may be considered as failure to deliver.

24. Inspection: Upon Delivery. Vehicle(s) will not be considered delivered if they have arrived in a condition that does not meet the bid specifications and ordered options. Payments for the vehicle(s) will not be made until the vehicle(s) has passed delivery inspection by the ordering entity.

25. Delivery Documents. The following documents are required at time of delivery:

a. Certificate of origin (MCO)

b. Dealer Invoice (with contract pricing)

c. Damage Disclosure

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

Required dealer contact representative information and in-state warranty service location must be completed in the provided response lines on the Attachment 6 - Bid Response Worksheet.

During the contract period, the contractor shall notify the State Procurement Office within 10 days of a change in the dealer contract representative or in-state warranty service location. Failure to notify of changes may result in termination of the contract and debarment.

Maximum Volume of Orders. The maximum allowable orders from this contract will not exceed 50 units.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

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

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

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

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

SECTION 5

BID RESPONSE

SPECIFICATION DOCUMENTS

The following specification documents correspond to Attachment 3 – Bid Response Worksheet, where cost responses are required per specified vehicle:

1. Attachment 1 – Vehicle Specification

2. Attachment 2 – Federal Clauses

3. Attachment 3 – Bid Response Worksheet

BID RESPONSE DOCUMENTS AND INSTRUCTIONS

Bidders are required to return the following as a part of their bid response:

1. A completed and signed Contract Page, “Bidder Information and Signature,” of section 5 “Bid Response

Instructions”.

2. A completed Attachment 3 – Bid Response Worksheet

3. A mock invoice with itemized list of all costs associated for each offered vehicle including any discounts.

4. Vehicle Build Sheets for each specified vehicle confirming compliance with specifications on Attachment 1.

5. A signed and including the required Federal clauses or certifications – Attachment 2 “Federal Transit

Administration Clauses and Certifications”

a. Page 14, Pre-Award Certification Requirement for Procurement of Rolling Stock (Vendor) – In addition to the federal required certification, a Pre-Award Buy America Cost Breakdown must also be submitted for each vehicle offered or this percentage must be shown as requested in the specific Vehicle Build Sheets mention in item h below.

b. Page 14, Pre-Award FMVSS Compliance Certification

c. Page 15, Certification and Restrictions on Lobbying

d. Page 16, Government-Wide Debarment and Suspension (NonProcurement)

e. Page 17, Bus Testing Certification

f. Page 23, Transit Vehicle Manufacturer (TVM) Certification – Bidder shall provide the current TVM DBE Goal

Concurrence/Certification Letter.

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

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

i. The bidder shall provide documentation certifying they are an eligible vendor on System of Awards

Management, reference www.sam.gov.

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:

Chuck Nelson

926 Illinois Ave

Valier, MT

406-505-0181

406-505-0181 http://www.sam.gov/

E-Mail Address:

Fax Number:

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, State ZIP:

Contact Name:

Contact Title:

Telephone Number:

Email:

Authorized Representative Signature:

Date:

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

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

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

chuckn@daveycoach.com

Davey Coach Sales LLC

84-1205448

7182 Reynolds Drive

Dedalia, CO. 80135

Chuck Nelson

Transportation Consultant

406-505-0181 chuckn@daveycoach.com

4.16.2023

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

Date:

State Procurement Office

Chad Keech

State Procurement Officer

5/31/2023

ITEM EST.

QTY UNIT Brief Description Current Model Year/Make Price Per Unit

1 25 Each

15 Passenger Cutaway Vehicle (as listed in Attachment 1- Vehicle Specification) Floor Plan 10.2.1 2024 Ford E-450 125,685.00$

Details: Price per Statewide Vehicle Specification

1.B 1 Each Floor Plan Option B price is in addition to 10.2.1 5,440.00$ 1.C 1 Each Floor Plan Option C price is in addition to 10.2.1 11,310.00$

2 1 Per Layout Stainless Steel Wheel Covers and Trim (DRW Only) Wheel Liners - Stainless Steel, (4 Ea) 465.00$

3 1 each Spare Wheel- Shipped Loose For Ford E Series And Chevy 560.00$

4 1 Each

Fuel System - Install wire/cable between the fuel neck to and OB II connector for addition of AIM II FuelMaster system by Purchasing Agency.

NA -$

5 1 Each Grocery Rack A (56" tall 2-shelf grocery rack) 2,455.00$

6 1 Each Grocery Rack B (Over wheel-well 2 shelf grocery rack) 2,455.00$

7 1 Each Grocery Rack C (Co-Pilot area) 2,455.00$

8 1 Each Grocery Rack D (2-shelf grocery rack mounted behind driver) 2,455.00$

9 1 Each Two (2) Rear Tow Hooks - Installed on the rear of bus. 125.00$

10 1 System

REI Bus Watch Model HD5-1200 DVR digital recorder is requested with four (4) camera locations with 1 inch ID conduits routed behind the body panels.

a) Each conduit shall be routed to the hole drilled for the camera locations with wires installed.

b) Approximate locations are one (1) in rear of body and three (3) close to the front of the body.

c) Camera locations will be finalized at time of order.

HD5-1200W-4-500GB HDD/HD6-600-4-500GB HDD 6,582.00$

11 1 Each Microphone - For REI CD-500 AM/FM/CD/ (part #710437) or approved equivalent Microphone (add part number 480015) 42.50$

12 1 Each Additional Camera - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent

225.00$

13 1 Each

DVR Upgrade to 12-channel DVR (HD5- 1200W) - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent

DVR Upgrade to 12 Channel- when bought in a system, standalone DVR is different

575.00$

14 1 Each Storage Upgrade - 1TB/2TB HDD - Compatible with REI Bus Watch Model HD5- 600 (part #710607) or approved equivalent

Storage Upgrade (when bought in a system) 500GB HDD to 1TB HDD

125.00$

15 1 Each

Storage Upgrade - 500GB/1TB/2TB solid state drive (SSD) - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent

Styorage upgrade 300.00$

16 1 Each Wi-Fi Capability – Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent.

Wi-Fi Capability Upgrade (adding Wi-Fi capability to HD6-600 DVR)

125.00$

17 1 Each GPS Capability - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent GPS Capability (add part number 710759)

130.00$

18 1 Each Event Marker - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent Event Marker (add part number 511986)

55.00$

19 1 Each Sensor Harness - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent Sensor Harness (add part number 512209)

50.00$

20 1 Each G-Force Sensor - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent G-Force Sensor (add part number 710335)

115.00$

21 1 Each Wireless Antenna - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent

Wireless Antenna (that also does GPS) (add part number 210173)

200.00$

22 1 Each DVR End Covers - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent

DVR End Covers (add part number 750363 rear end cap) DVR End Covers (add part number 750364 front end cap) 100.00$

23 1 Each

Connection of Back-Up Camera System to DVR for Video Storage - Compatible with REI Bus Watch Model HD5-600 (part #710607) or approved equivalent

Connection of Back-Up Camera System to DVR (add part number 769079- 7" monitor, camera, and cable) 495.00$

ATTACHMENT 3 - BID RESPONSE WORKSHEET

North Dakota State Contract 300 - 15 Passenger Cutaway (Including Driver)

***Bidder is required to complete the non shaded response spaces. Do not change the format. Bidder must include a four (4) mock invoices of proposed vehicle for each layout options 10.2.1, 1.A, 1.B and 1.C . Mock invoice must include an itemized list of all costs associated including any discounts.***

***The pricing for optional equipment will not be used in evaluation of the bid; however, these specified options must have a response if applicable. ***

Davey Coach Sales LLCBidder Name :

Optional Equipment:

ATTACHMENT 3 - BID RESPONSE WORKSHEET

North Dakota State Contract 300 - 15 Passenger Cutaway (Including Driver)

***Bidder is required to complete the non shaded response spaces. Do not change the format. Bidder must include a four (4) mock invoices of proposed vehicle for each layout options 10.2.1, 1.A, 1.B and 1.C . Mock invoice must include an itemized list of all costs associated including any discounts.***

***The pricing for optional equipment will not be used in evaluation of the bid; however, these specified options must have a response if applicable. ***

Davey Coach Sales LLCBidder Name :

24 1 System

ProVision or approved equivalent (OPTIONAL) DVR digital recorder with four (4) camera locations with 1 inch ID conduits routed behind the body panels

25 1 System

Apollo Video Technology or approved equivalent (OPTIONAL) DVR digital recorder with four (4) camera locations with 1 inch ID conduits routed behind the body panels

26 1 System

Seon or approved equivalent DVR digital recorder is requested with four (4) camera locations with 1-inch ID conduits routed behind the body panels.

Seon System per spec 4,648.24$

27 1 System

AngelTrax DVR digital recorder or approved equivalent with four (4) camera locations with 1 inch ID conduits routed behind the body panels

AngelTrax VULCANV8X3 Mobile Digital Video Recording System per spec

4,648.24$

28 1 System PA System – A PA system is required with two

(2) speakers. P.A. SYSTEM - THROUGH RADIO 320.00$

29 1 System Stop Request System – Stop requests with pull cords that run along both sides of the interior of the bus, above the windowsill.

810.00$

30 1 Each

Farebox Pre-Wiring & Plate – Stanchion near ambulatory/ramp entrance shall have a mounting plate (16-gauge steel minimum) /area and pre-wiring prepped for the mounting of a fare box.

355.00$

31 1 Each Digital Clock 225.00$ 32 1 Each Remove radio prep package (20.00)$ 33 1 Each Circulation Fan 165.00$

34 1 System Liquid Springs Rear Suspension System or approved equivalent 12,180.00$

35 1 System Air Ride Suspension System (Kelderman or approved equivalent) 7,220.00$

36 1 Armrest Provision of arm rests on the aisle side of the passenger seats (Cost per armrest) 65.00$

37 1 Each Retractable Seat Belt Extender 40.00$

38 1 System Upgrade to Storage Tie Down T.D.S.S. Slide N Click storage system 418.00$

39 1 Each Winter front and screens attached with snaps in front of the radiator.

snap on installed winter front - if warm shipped loose in cabin area 218.00$

40 1 System Amerex Two-Nozzle (2) Fire Suppression System A-1 Alternative Fuel Systems Equivalent 3,500.00$

41 1 System Kidde Technologies KT-100 controller with Two-Nozzle (2) Fire Suppression System A-1 Alternative Fuel Systems Equivalent 3,500.00$

42 1 System FogMaker Two-Nozzle (2) Fire Suppression System A-1 Alternative Fuel Systems Equivalent 3,500.00$

43 1 System Reverse Sensing System ADD: Back up warning system - body Backup Sensor

Reverse Warning System with sensors in Bumper mounted assistance - Each

2,315.00$

44 1 System Remote Start System 1,100.00$

45 2 Each

Heated Side Mirrors SUBSTITUTE: Heated – power adjustable side

POWER REMOTE W/ HEAT EXCHANGE

STANDARD MIRRORS FOR VELVAC -

POWER/HEAT REMOTE

590.00$

46 1 Set Two (2) Extra Key/Fob Combinations or Keys with Fobs included Separately for each extra key fob (each) 120.00$

47 1 Each Cloth 6-Way Power Driver Seat (OEM Factory Installed) NA -$

48 1 Each Freedman Sport 2.0 Driver Seat – Color to be determined by Purchasing Agency at time of order.

Electrically adjustable Freedman Shield Driver Seat with HEATING element and Driver Switch seat - Each REQ: Adnik Power Base w/ Vinyl Skirt

2,050.00$

49 1 Each Freedman GO-ES XL Bariatric Seat – Color to be determined by Purchasing Agency at time of order.

2,050.00$

50 1 System LED Destination Signs - Hanover Monochrome or approved equivalent Option 3,910.00$

51 1 Each Running Boards (Powder-Coated Expanded Steel) 295.00$

52 1 Each Running Boards (Stainless Steel) 525.00$

53 1 Each Six (6) Camera Video Recording System see addition(s) for camera from base system (option

12) -$

54 1 Each Adjustable Sliding Track - Adjustable sliding track for all fold seats installed. Seats are able to be moved within seat track in floor -$

55 1 Each Add a Wheelchair Position - (Includes mounting and parts) L-T base spec WC position add 855.00$

56 1 Each Remove a Wheelchair Position (615.00)$

57 1 All W/C positions per layout

Upgrade from Pod Type L-Track Floor Anchorages to Q’Straint Slide-N-Click Floor Anchorages –…