CLA 54214 (Div. 50)

North Dakota Department of Transportation

REQUEST FOR BID

Bid Number: 760-51-26-050-02 Bid Opening Date & Time: 09/01/2026 02:00 PM

Items: Wheel Loader, 2.5 CY Buyer: Jalen Sprecher

Bid Mailing Address: 608 E Boulevard Avenue Telephone Number: 701-328-4413

City, State, Zip: Bismarck, ND 58505 Email: jsprecher@nd.gov

Contract Period: 09/08/2026 TO 08/31/2027 Date Prepared: 08/17/2026

Please submit your bid response on the attached forms in conformance with the instructions and specifications in the NDAC 04-12-01 - 04-12-16.

One copy of your bid response must be returned to the North Dakota Department of Transportation (NDDOT) prior to the time and date specified for bid opening. Bid responses received after the time and day specified for bid opening will be rejected. Mark envelope as instructed in "Mailing Instructions".

In consideration of the acceptance by the state of the offer made pursuant to the bid response, the vendor agrees and promises to sell, furnish, and deliver to the state, at the time, places, and prices specified in the bid response, all goods, merchandise, supplies, commodities, equipment, or other items contained in the bid response. The vendor shall fully perform in accordance with the terms and conditions contained in the bid response including all specifications, rules, or regulations mentioned therein, and shall comply with all applicable provisions of the NDAC 04-12-01 - 04-12-16 promulgated by the State Purchasing Division; such manual being made a part of this invitation by reference. The Risk Management Appendix and Appendices A and E of the Title VI Assurances, attached, are hereby incorporated into and made a part of this Request for Bid.

Bids may be rejected if the following is not signed by OWNER, PARTNER, CORPORATE PRESIDENT, VICE PRESIDENT, other AUTHORIZED CORPORATE OFFICER or a duly authorized representative. If signed by other authorized Corp. Officer or representative, please attach a letter signed by the OWNER, PARTNER, CORP. PRES., or VICE PRES. indicating the individual has authority to enter into a contract on behalf of the company (or a Power of Attorney).

By issuance of a purchase order, a contract is made and entered into by and between the North Dakota Department of Transportation and:

Name & Title (Type or Print)

Signature

Date

Vendor Name

Mailing Address

Telephone Number Fax Number E-mail Address

To be signed by Owner; Partner; Corp. Pres., Vice Pres., or other authorized Corp. Officer or bid may be rejected. (if signed by other authorized Corp.

Officer, please attach copy of Power of Attorney or other documentation showing authority to sign.)

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

APPENDIX A OF THE TITLE VI ASSURANCES

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the

Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the Federal Highway Administration as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

APPENDIX E OF THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees to comply with the following non-discrimination statutes and authorities;

including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

State Of North Dakota

Invitation For Bid (IFB) (April 2026)

Solicitation Number: SRC000406

Purchasing Agency: NDDOT

Solicitation Title: Wheel Loader, 2.5 CY

Solicitation Begin /Issue Date: 08/18/2026

Solicitation Question Deadline: 08/25/2026

Solicitation End /Response Deadline: 09/01/2026 @2:00PM CT

Commodity Code(s): 760-51,04,44,50

Procurement Officer The Procurement Officer is the point of contact for this IFB. Offerors 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): NDDOT

Procurement Officer: Jalen Sprecher

Email: jsprecher@nd.gov

Phone: 701-328-4413

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)]

Solicitation Question Deadline Offerors should carefully review the IFB including all attachments. Offerors 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.

1. Offerors may submit questions within NDBuys using the “Discussions Tab” in the system (see the OMB website for a quick reference guide); or http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources

IFB 760-51-26-050-02, Wheel Loader 2.5 CY

2. Offerors may email the question directly to the Procurement Officer.

If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation End/Response deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the Offeror to a specific section of the IFB.

If an amendment (i.e., a new round) is issued for the solicitation in NDBuys and an Offeror has already submitted a response beforehand, Offerors are required to resubmit their response or submit a new response to remain under consideration.

A person or firm interested in submitting a response 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).

NDBuys State Procurement Website This IFB and any related amendment and notices will be posted on the North Dakota NDBuys State Procurement System. Offerors are responsible for checking the NDBuys system to obtain all information and documents related to this IFB:

NDBuys website

Notices related to this IFB will be sent to the supplier list for the needed commodity or service and other known potential offerors.

Offerors that are registered for the supplier list and would like to receive notices related to this IFB, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offerors that have not yet registered for the supplier list and would like to receive notices related to this IFB and must complete the supplier registration. See NDBuys Quick Reference Guides for how to register.

Supplier registration is required to submit a response to a solicitation posted in NDBuys.

See Section 1, Subsection 4 – Supplier Registration.

https://public.ndbuys.nd.gov/

Section 1

Offeror Instructions

1. Offeror Checklist: Have you remembered to?

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

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

• Sign your bid, and initial any changes or corrections

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

• 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.

• Submit any required samples or documents.

2. Definitions:

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

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

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

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.

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

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.

Solicitation: a document to notify prospective Offerors of a bidding opportunity.

Solicitation Begin: Date the solicitation was issued.

Solicitation End: Deadline for receipt of responses; also known as the Solicitation Closing

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

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

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

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

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

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

3. Secretary of State Registration Requirements: The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54-44.4- 09.1)

See the OMB Guidelines to Vendor Registry for more information.

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

Check the Business Records database to see if a business is registered.

Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1) if you need to register, fees apply.

Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

4. Supplier Registration: Individuals or business entities desiring to be notified of bidding opportunities may complete supplier registration to be notified when solicitations are issued on the State’s procurement information system (NDBuys) (N.D.C.C. § 54-44.4-09). Supplier registration does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a supplier.

Individuals or business entities completing Supplier registration must provide contact information for receiving solicitation notices, Tax ID, legal structure, address and phone information. Individuals or business entities must also select the commodity codes to identify categories of goods, services, and information technology.

Visit the OMB website for instructions:

Bidders List Registration Website

For assistance with supplier registration, contact State Procurement Help Desk at 701-328- 2740 or ndbuys@nd.gov.

http://www.legis.nd.gov/cencode/t54c44-4.pdf https://ndlegis.gov/cencode/t54c44-4.pdf https://ndlegis.gov/cencode/t54c44-4.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/vendor-reg-guidelines.pdf https://sos.nd.gov/business/vendors.html https://sos.nd.gov/firststop.html https://firststop.sos.nd.gov/search/business mailto:sos@nd.gov https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-leadership-and-resources-2 https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-leadership-and-resources-2 https://www.ndlegis.gov/cencode/t54c44-4.pdf https://ndlegis.gov/information/acdata/pdf/4-12-05.pdf https://ndlegis.gov/information/acdata/pdf/4-12-05.pdf https://www.omb.nd.gov/doing-business-state/bidders mailto:ndbuys@nd.gov

5. 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.

Offerors assume the risk of the delivery method selected. Late Bid Responses will be rejected.

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

OPTION 1:

Submit in Person, by Mail or Delivery Service

Offerors MUST be registered in NDBuys in order for their in person, by mail or delivery service submitted response to be considered in evaluation.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides for how to register.

Once registered, locate the solicitation in NDBuys and select the “Participate in RFx” button.

If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offerors may submit Bid Response in a sealed envelope or package to the following address.

Offerors may email Bid Responses to a third party to place in a sealed envelope and deliver by the Bid Response deadline. Contact the Procurement Officer to confirm receipt. Offeror shall submit one (1) copy of the Bid Response on a USB Flash Drive or other storage device.

If an Excel file is provided, do not convert the Excel spreadsheet into a PDF file.

IFB #: 760-51-26-050-02

IFB Title: Wheel Loader, 2.5 CY

ATTN: Jalen Sprecher

NDDOT

Procurement Section

608 E Boulevard Avenue

Bismarck, ND 58505

The STATE assumes no responsibility for delays caused by any delivery service. Postmarking by the Bid Response deadline shall not substitute for actual Bid Response receipt by the STATE. The STATE’s time of receipt will used to determine timely receipt.

OPTION 2:

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

Offerors Must be registered in NDBuys in order to submit a response.

https://www.omb.nd.gov/doing-business-state/bidders/bidders-list-registration-and-maintenance https://www.omb.nd.gov/doing-business-state/bidders/bidders-list-registration-and-maintenance

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides for how to register.

Once registered, locate the solicitation in NDBuys and select the “Participate in RFx” button.

If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offeror may electronically submit a response through the State’s procurement information system (NDBuys) by the Bid Response deadline.

NDBuys Website

Do not wait until the “last minute to submit a response. We recommend uploading your response 24 hours prior to the Bid Response deadline.

Offeror 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 an Offeror’s failure to timely submit a response due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at ndbuys@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.

Visit NDBuys Quick Reference Guides which describe how to submit an electronic response.

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

The maximum file size allowed is 56MB or 56,120 KB per file.

Do not submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

Offeror will be able to confirm that a response has been submitted by reviewing the History tab of the solicitation and confirming that response status is submitted. If Offeror does not see that it has been submitted, the upload was not successful. Contact supplier support at +1 (701) 540 9648 or support-northdakota@ivalua.com.

6. 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).

7. Assistance to Offerors with a Disability: Offerors with a disability that need an accommodation must contact the Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

https://www.omb.nd.gov/doing-business-state/bidders/bidders-list-registration-and-maintenance https://www.omb.nd.gov/doing-business-state/bidders/bidders-list-registration-and-maintenance https://public.ndbuys.nd.gov/ https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources mailto:support-northdakota@ivalua.com http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

8. Bid Response Held Firm: Bid Responses are not awarded at the bid opening. Offerors must hold their Bid Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

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

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

11. Changes/Corrections: Offerors 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: Offerors 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 Offeror’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 Offeror will be held responsible. Offeror 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.

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

18. Specifications Prepared by Non-State Personnel: When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the state, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

19. Supplier/Payee Registration: The successful Offeror will be required to complete Supplier/Payee Registration, if not already registered as a Supplier/Payee. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information.

Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

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

21. 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 Offeror’s authorized representative may make a written request to withdraw the Bid Response.

https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222

Section 2

Evaluation and Award

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

All or none.

2. Award – Printing Preference Laws: If practicable, all state, county, and other political subdivision public printing, binding, and blank book manufacturing, blanks, and printed stationery must be awarded to a resident North Dakota Offeror. (N.D.C.C. § 46-02-15, N.D.C.C. § 44-08-02, N.D.A.C. § 4-12-16-01).

Bid Responses from nonresident (out-of-state) Offerors will not be accepted.

3. Award – Preference Law: The reciprocal preference law, N.D.C.C.§ 44-08-01, was repealed effective August 1, 2023.

4. Award – Tie Bid Response Preference: If a tie occurs between two or more Offerors with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must be given to a resident North Dakota Offeror, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. (N.D.C.C. 54-44.4-05.1)

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

5. 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 Offeror. (N.D.A.C. § 4-12-08-13)

6. 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)

7. 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 Offerors. (N.D.A.C. ch. 4-12-10)

8. 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.

9. Responsibility of the Offeror: The Procurement Officer, at any time, may make a supplementary investigation as to the responsibility of any Offeror, even though the Offeror may be on the supplier list. If an Offeror is determined to be not responsible, that Bid Response will be rejected even if it is the lowest Bid Response, and the Offeror may be debarred or suspended from the supplier list. (N.D.A.C. § 4-12-11-04) http://www.legis.nd.gov/cencode/T46C02.pdf http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-16.pdf https://www.ndlegis.gov/cencode/t44c08.pdf#nameddest=44-08-02 https://ndlegis.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/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

10. 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 Offeror fails to comply with supplier registration requirements by the stated deadline;

d. the Offeror 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 Offeror, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09)

Section 3

Special Terms and Conditions

1. 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 approximately 09/08/2026 or its

Effective Date, and ends on 08/31/2026.

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

2. 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.

3. 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)

4. 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 is required by the date indicated in the Specifications of this solicitation.

http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

5. 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 the location in the Specifications of the solicitation. All freight and handling is to be included in the item price. Title will pass to Purchasing 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. Offerors are instructed to clearly mark the literature that demonstrates compliance with the specifications. Indicate whether optional features are included to meet the specifications.

14. Inspection and Acceptance or Rejection: The STATE reserves the right to conduct inspections and investigations related to the Offeror 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 Offeror. 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 supplier list.

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

15. Invoicing:

All invoices and payment inquiries must be directed to the Purchasing Agency.

16. Pricing – Tax Exempt: All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Offerors 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:

• Firm-Fixed: Pricing shall be firm for the period of the contract.

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

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

VEHICLES:

20. 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.

21. 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.

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

Section 4

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

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

RMA 14

2. Insurance: Insurance provisions are incorporated and made part of this solicitation and resultant contract. Offerors are instructed to review the Insurance Requirements. The successful Offeror 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.

RMA 14

Section 5 Bid Response Form

SMH (06-30-26) SSP-78-660-20

SPECIFICATIONS

FOR

FOUR-WHEEL-DRIVE ARTICULATED WHEEL LOADER 2.5 CY CAPACITY

(CASE , CAT 926M, CAT 924K, DEERE 524K, OR APPROVED EQUAL)

Bidder's Instructions:

Vendors must reach out to the procurement office by email with ANY deviations (including slight deviations) to the specifications prior the question due date in order to determine if an amendment is necessary. Indicate compliance to the specifications on the “COMPLY YES/NO” line by each specification. Indicate any deviations from the specifications whether the minimum specifications are met or not on the “SPECIFICATION DEVIATIONS” line. Failure to comply with bid specifications may result in rejection of the bid. The state reserves the right to waive minor deficiencies or technical variances within the specifications.

The intent of this specification is to describe a four-wheel-drive articulated wheel loader. The wheel loader will be used for both summer and winter maintenance activities. The wheel loader shall be capable of loading a tandem axle dump truck with top tail extensions. The wheel loader shall be standard production of the latest model with standard accessories and in addition meet the following minimum specifications:

COMPLY

YES/NO

SPECIFICATION

DEVIATIONS

1. Engine

a. Liquid cooled, 4 cylinder turbocharged diesel, Minimum 140 HP, 500 Net ft-lb torque, Interim Tier IV or greater EPA emissions regulations with or without DEF Aftertreatment.

b. Cold weather starting aid

c. Air cleaner with Turbo II or manufactures equal pre-cleaner and in-cab restriction indicator – Manufacture’s equal shall be approved

d. Spin-on throw-away type oil filter

e. Engine block heater 1000 watt

f. Antifreeze to -40 degrees F, Extended Life Coolant

g. Fuel tank capacity, 48 gallons minimum

h. OEM factory installed fuel heater water separator. If not available from the factory the dealer must provide and install a Davco 382, Parker/Racor 800 or approved equal (specify what you are providing in the deviations line). If using aftermarket setup it must not void factory warranty. AFTERMARKET FUEL

HEATER ONLY TO BE USED IF IT WILL NOT VOID

THE WARRANTY. THE NDDOT WILL ACCEPT

JUST A WATER SEPARATOR IF THE HEATER IS

NOT A FACTORY OPTION.

i. After market fuel heater must be installed using all crimped hose connections. Must not void warranty.

2. Transmission

a. Full power shift with torque convertor, or 4spd hydrostatic drive

b. 4 speeds forward and 3 reverse

c. Forward speed, 22 MPH

d. Reverse speed, 13 MPH

e. Joystick and or column-mounted speed and direction control, joystick thumb control is preferred

f. Automatic transmission control, torque/load sensing – may omit if equipped with hydrostatic transmission

3. Electrical

a. 24 volt ignition and starting system

b. Battery two 700 CCA

c. 70 amp alternator

d. Master battery disconnect switch

e. Remote jump start location at ground level

f. Lights - Brake, Turn, Backup (if applicable) shall be LED. Warning light system shall be Whelen or approved equal.

i. Roading lights – front and rear lights, including LED taillights, LED turn signals. Warning Lights shall be Whelen LED’s or approved Equal.

ii. Signal light control located adjacent to steering wheel or at operator console

iii. Emergency LED flashers

iv. Front and rear LED working lights

v. Awarded vendor must purchase and mount a 28”

WHELEN “Mini Freedom” linear LED warning light bar connected to an illuminated on/off switch located in cab. Light bar must be mounted to sturdy fabricated light mount bracket utilizing existing factory mounts or bolt locations. No modification of cab structure (including drilling holes in roof cap) will be accepted. Light must be clearly visible from 360 degrees of the cab top.

The switch is to be wired to switched accessory power as to not have battery draw when key is turned off. (WHELEN light has custom part no.

NDDOTSY3. Kit is available from local WHELEN Emergency Lighting Distributors) Awarded vendor’s mount and mounting location must be approved by DOT representative at time of upfit.

Distribution vendor contact info is available from NDDOT upon request.

1) Cab mount warning light mounting shall be approved by the NDDOT. A lighted on/off switch shall be installed in the cab

2) The two rear LED’s shall be mounted to the side of the engine/radiator hood area and wired to the same lighted on/off switch as the cab mounted warning light.

Two rear LED warning lights to by synced to cab top light via provided flasher module from Whelen. The final mounting shall be approved by the NDDOT.

a) Solder and heat shrink connections for warning lights

g. Back up alarm – self adjusting sound level, 82 thru 102 decibels, lifetime warranty, ECCO SA931 or approved equal

4. Frame/Chassis

a. Engine side panels lockable

b. Fenders front and rear to keep mud and other material off of cab, widest fenders available from manufacturer to provide fullest coverage of wheels

c. Operator entry platform with safety grab handles and slip resistant steps

d. Rear maximum factory installed counter weights to accommodate the loaded bucket, weight pack shall have a towing eye and pin

e. Tool box, hasp type lockable for exterior mount, adequately sized for grease gun and other miscellaneous tools and supplies

f. Any surfaces in which the factory finish has been disrupted due to installation of accessories or non-factory attachments must be properly cleaned/prepped, primed with rust inhibiting primer and painted with sufficient layers of factory color paint. *NDDOT reserves the right to inspect these modifications and require additional

NOTATION IS

ACKNOWLEDGED

paint/coating as needed to satisfy this requirement.

5. Drive

a. Four-wheel drive system

b. Front drive limited slip axle preferred. The NDDOT will consider differential lock if limited slip is not available. Specify what you are providing in the deviations line.

c. Rear drive limited slip axle preferred. The NDDOT will consider differential lock if limited slip is not available. Specify what you are providing in the deviations line.

6. Radial Tires

a. Largest size available, recommend 20.5-R25L2, the NDDOT prefers 20.5 tires to achieve a greater lifting height. Provide tire size in the “deviations” line

b. Michelin SnowPlus®, Bridgestone SnowWedge® or approved similar snow grip type tire

7. Brakes

a. Four-wheel power hydraulic wet-disc type, self-adjusting

b. Parking brake with warning device. Spring applied, hydraulic release.

i. Parking Brake, when engaged shall neutralize transmission

8. Hydraulic Components

a. Operating capacity all pumps total 35 GPM, load sensing

b. Heavy duty oil cooler

c. Ride control for travel

d. 10 micron filter with in-cab condition indicator

e. All weather hydraulic fluid

f. Low effort joystick with detents for float, raise, lower, and curl/”return to dig”

g. Double acting cylinders with hardened chrome plated rods nitrated rods preferred

h. Two spool, single joystick boom and bucket control, NO EXCEPTIONS

i. Dual-acting 3rd valve, auxiliary control lever or EOH switch integrated into loader joystick, 1/2” pioneer quick-coupler with covers or plugs plumbed to midpoint of boom

9. Steering

a. Full hydraulic-power steering-articulated frame

b. Adjustable steering column

10. Cab

a. Fully enclosed pressurized cab, noise and vibration reduction, all weather SAE ROPS cab with certification sticker

i. Ground level door release

b. Windshield wipers and washers, front and rear with delay function

c. Rear window with full wiper – wiper must clean adequate area to see rear tires

d. Factory-installed air conditioning, R134a

e. Heater

i. Defroster vents with ducting and adjustable louvers to keep all windows clear (defrosting windows solely with in-cab circulating fan not acceptable)

ii. 36,000 BTU heater

iii. Filtered fresh-air intake

f. Interior cab light(s) sufficient enough to illuminate entire cab interior

g. Mirrors

i. Two exterior flat face, one each side fully adjustable not less than 60 sq in each, electrically defrosted with lighted on/off switch located in cab

ii. One interior, rear panoramic view, 4" x 8", or equal

h. Tinted safety glass

i. Deluxe air ride cloth driver’s seat, rated capacity of 300 lbs with adjustable air suspension, 3-way adjustable, flip-up arm rests, and padded back rest

j. SAE certified retractable seat belt

k. Standard factory installed AM-FM radio, if other describe in “deviations” line

l. Two 12V auxiliary power outlets on a minimum of 15 amp fused circuit each located inside of cab

m. Backup camera system

n. Rubber floor mat

11. Instrumentation/Engine Monitoring System shall be in the clear view of the operator, including but not limited to:

a. Must have an engine shut down system to protect the machine from major failures

b. Hour meter (shall not mark time without engine running)

c. Ammeter/voltmeter

d. Fuel level gauge or LCD display

e. Coolant temperature gauge or LCD display

f. Transmission oil temperature

g. Engine oil pressure gauge or LCD display

h. Rearview Camera System, to operate automatically and manually with minimum 7” LCD dimmable display

12. Loader/Bucket

a. Z-bar or equal type linkage

b. Extended Reach

c. Standard size general purpose bucket with installed bolt on hardened cutting edge, size close as possible to SAE heaped capacity 2.5 to 3 CY, struck capacity

2.0 CY

i. Wider than width over tires

ii. Replaceable heel wear plates/skid shoes

d. Self-leveling throughout lift

e. Automatic return to dig, and height control

f. Factory installed ride control

g. Boom to have float position

h. Greaseable pivot points

i. Greasing banks to combine grease points into one location.