Clean+Harbors+Contract_Signed.pdf

INVITATION FOR BID (IFB)

(February 2024)

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: Seth Westby EMAIL: swestby@nd.gov

PHONE: 701-328-1953

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 12/27/2024 BID NUMBER 110.7-24-106

BID TITLE

Hazardous Material Disposal

COMMODITY

CODE(S)

926-45

BID QUESTION

DEADLINE

1/9/2025, 1:00 PM CT CONTRACT NUMBER 254

BID RESPONSE

DEADLINE

1/16/2025, 1:00 PM CT CONTRACT PERIOD 2/1/2025 – 2/1/2026

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?

• 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.

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

• Bid Response: the executed document submitted by a Bidder 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 Bidders of a bidding opportunity.

• 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.

• 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.

• SPO Online: 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. Bidders List. Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List (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). Placement on the Bidders List 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 bidder.

The online application form requests contact information for the receipt of solicitation notices. The Bidders List http://www.legis.nd.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.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.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-05.pdf application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity codes used for this solicitation are: 926-45 commodity codes.

Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@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. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

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

Bidders must electronically submit Bid Responses through the State Procurement Office Online system (SPO Online) by the Bid Response deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for a Bidder’s failure to timely submit a Bid Response due to any technical difficulties. If you experience any technical difficulties contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

If documents are in the process of being uploaded when the Bid Response deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find this solicitation. Solicitations are listed by close date.

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

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

5. The maximum file size allowed is 50 MB 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.

https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders mailto:infospo@nd.gov mailto:infospo@nd.gov https://apps.nd.gov/csd/spo/services/bidder/main.htm 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

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 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.

8. 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.

9. Bid Response Opening. A public Bid Response opening will be held. The Procurement Officer will hold the Bid

Response opening will be held: January 16, 2025 at 1:00 PM CT via Teams

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10. 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:

11. 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)

12. 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.

13. 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.

14. 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.

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

16. 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 http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmEzNDM3ZTEtNjIxYy00ZWIwLThiNjMtZGYwZTFlOGNkMmI1%40thread.v2/0?context=%7b%22Tid%22%3a%222dea0464-da51-4a88-bae2-b3db94bc0c54%22%2c%22Oid%22%3a%22f90973f4-4db8-4e5a-b589-1976789623ff%22%7d tel:+17013280950,,640856236 https://dialin.teams.microsoft.com/b55e1684-2d28-41f4-ba9d-69c288a879dd?id=640856236 https://itdpexipconfnd1.join.nd.gov/teams/?conf=1112555758&ivr=teams&d=join.nd.gov&w https://teams.microsoft.com/meetingOptions/?organizerId=f90973f4-4db8-4e5a-b589-1976789623ff&tenantId=2dea0464-da51-4a88-bae2-b3db94bc0c54&threadId=19_meeting_NmEzNDM3ZTEtNjIxYy00ZWIwLThiNjMtZGYwZTFlOGNkMmI1@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf 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.)

17. 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)

18. 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.

19. 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.

20. Supplier Registration (Payee). The successful Bidder will be required to complete Supplier Registration, if not already registered as a Supplier. 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.

21. 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.

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

• Split award per group

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 Bidder. (N.D.C.C. § 46-02-15, N.D.C.C. § 44-08-02, N.D.A.C. § 4-12-16-01)

3. Award – Preference Laws. 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 Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must be given to a resident North Dakota bidder, 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 Bidder. (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 Bidders. (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 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)

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 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/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/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

SECTION 3

SPECIAL TERMS AND CONDITIONS

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

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

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

a. Contract Period. This Contract term (Term) begins on February 1, 2025, or its Effective Date, and ends on

February 1, 2026.

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

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

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

STATE reserves the right to execute up to 4 options to renew this Contract under the same terms and conditions for a period of 12 months each.

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

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

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

6. Contract Estimated Volume. The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The CONTRACTOR or CONTRACTORs will be required to furnish actual requirements upon receipt of an order. This contract will not include items of a similar nature, which must be bought for emergency use.

7. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Procurement Officer. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within 3 days after the request by the Procurement Officer.

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

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

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

9. Ordering Website. CONTRACTOR will be required to establish a secure website for online ordering under this contract. The ordering website must be limited to commodities offered under this contract.

10. Order Confirmation. The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering

Agency within 1 working days of the order placement.

11. Training. CONTRACTOR will provide training at no expense to the STATE at requested locations.

12. 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.

13. Invoicing.

Orders will be placed by state agencies and institutions.

14. 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.

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

a. Hazardous Material Disposal and Recycling Services and Supplies The prices for hazardous material disposal and recycling services will be Firm Fixed with Adjustment (price increase allowed after timeframe). Prices proposed shall be firm for the first 6 months of the contract, except the Contractor must notify the State immediately of any price decreases.

After the six-month firm fixed price period, the Contractor may make a written request for a price adjustment to the State Procurement Officer. The request must include justification for any price increases, such as a published price increase from a recycling or disposal facility or supplier. The State will accept or reject all requests within thirty (30) days of the date of receipt of the Contractor’s request for price increase and receipt of proper written documentation, whichever is later. Prices changes will become effective upon execution of a written amendment to the contract.

b. Transportation

Transportation prices may include a mobilization fee, fuel, insurance, or recovery fees. The method for determining transportation costs will be agreed upon between the State and Contractor.

If a mobilization fee is charged, the price will be Firm Fixed with Adjustment (price increased allowed after timeframe). Mobilization fees shall be firm for the first year of the contract.

The prices for transportation will be variable based upon the current fuel rates (e.g. Department of Energy website:

http://www.eia.gov/petroleum/gasdiesel/.)

16. 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)

17. 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 http://www.eia.gov/petroleum/gasdiesel/ http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf 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.

18. Background Checks for CONTRACTOR Personnel. The Purchasing Agency requires all background checks to be performed on all CONTRACTOR Personnel who will access the facility.

CONTRACTOR shall provide the Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by the Purchasing Agency. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. CONTRACTOR will be responsible for notifying the Procurement Officer or designee if any CONTRACTOR Personnel changes and provide background checks for any new CONTRACTOR Personnel. Under no circumstance shall any CONTRACTOR Personnel have access to the facility without a background check and approval by the Purchasing Agency. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the CONTRACTOR’s responsibility. At any time during the contract period, the Purchasing Agency may request the CONTRACTOR to provide updated background checks of any CONTRACTOR Personnel that have access to the premises.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

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

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

A. Contractor agrees to indemnify, defend, and hold Department harmless, including its agencies, officers, and employees, from claims resulting from the performance of Contractor or its agents, including all costs, expenses and attorneys’ fees, which may in any manner result from or arise out of this contract.

The legal defense provided by Contractor to Department under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for Department is necessary. Contractor also agrees to defend, indemnify, and hold Department harmless for all costs, expenses, and attorneys’ fees incurred in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

B. Upon receipt of material at the collection sites, Contractor assumes full accountability and physical custody as generator of the material. Department, its agencies, officers, or employees assumes no liability for any damage to Contractor’s property, to the property of any person, or public property or for personal injuries, illness, disabilities or death to Contractor, Contractor's employees, and any other person subject to Contractor's control or any other person including members of the general public, caused, in whole or in part, by (a) Contractor's breach of any contract term or provision; or, (b) any negligent or willful act or omission by Contractor, its employees or subcontractors in the performance of this contract.

C. The foregoing indemnification provided to Department by Contractor is intended to protect fully the

Department for all liability, including liability under any federal and state environmental laws, including:

(1) North Dakota Hazardous Material Management Act (N.D.C.C. ch. 23-20.3) and North Dakota Hazardous Material Rules (N.D.A.C. Art. 33-24);

(2) Federal Resource Conservation and Recovery Act of 1976 (RCRA);

(3) Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980

(CERCLA);

(4) Federal Hazardous Material Transportation Regulations (49 C.F.R. §§ 171, 172, 173, and 177 for hazardous materials transportation regulations);

(5) Water Pollution Control Act (N.D.C.C. ch. 61-28);

(6) Solid Material Management and Land Protection Act and Solid Material Management and Land

Protection Rules (N.D.C.C. ch. 23-29 and N.D.A.C. Art. 33-20); and

(7) Federal Occupational Safety and Health Act of 1970 (OSHA).

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract.

Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

CONTRACTOR shall provide certificate of insurance and any endorsements to STATE electronically to:

Name: Seth Westby Email Address: swestby@nd.gov Email Subject Line: Certificate of Insurance – 254 Hazardous Material Disposal

Contractor shall secure and keep in force during the term of this agreement and Contractor shall require all subcontractors, prior to commencement of an agreement between Contractor and the subcontractor, to secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

1) Commercial General Liability insurance in a form providing coverage not less than that of standard Commercial General Liability insurance policy (occurrence form) $5,000,000 per occurrence, $10,000,000 aggregate limit for bodily injury, property damage, and personal injury.

2) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $500,000 per person and $2,000,000 per occurrence.

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

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

5) Contractors Pollution Liability insurance, including environmental impairment liability endorsements, for Personal Injury, Property Damage, and Cleanup Cost arising from pollution conditions caused by Contractor’s operations for limits of not less than $5,000,000. Coverage may be on a Claims Made form, although occurrence is preferred. Coverage must include contractual liability coverage for claims arising out of liability of subcontractors, loading and unloading, unlimited completed operations, and non-owned disposal site coverage. Contractors Pollution Liability coverage that is written on a Claims Made form will include the following:

a. The “Retro Date” must be shown, and must be before the date of the contract of the beginning of contract work.

b. If coverage is cancelled or non-renewed, and not replaced with another Claims Made policy form with a "Retro Date" before the effective date of the contract, Contractor shall purchase "extended reporting" coverage for a minimum of 4 years after completion of contract work.

c. A copy of the claims reporting requirements must be submitted to Department for review.

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

1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

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

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

4) The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy on a primary and noncontributory basis, including any excess policies (to the extent applicable), as additional insured. The State shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor.

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

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

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

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

Background

The State of North Dakota, acting through its Office of Management and Budget (“OMB”), State Procurement Office, hereafter known as “STATE” is soliciting bids for a hazardous material disposal service.

The contract resulting from this Invitation for Bid (“IFB”) will be North Dakota state contract #254 that will be made available to state agencies, counties, cities, schools, and other government entities.

The Contractor must provide statewide service to any location in North Dakota. Service is required in cities including, but not limited to, Fargo, Bismarck-Mandan, Dickinson, Jamestown, Valley City, Minot, Devils Lake, Williston, Wahpeton, Mayville and Grand Forks. “Metro service” will be defined as a twenty miles radius of the listed cities. Areas outside this radius will be considered “rural service.”

The Contractor must comply with all applicable state laws and rules under North Dakota Century Code (N.D.C.C.)

Chapter 23-20.3, North Dakota Administrative Code (N.D.A.C) Article 33-24, and all applicable federal law, rules and regulations. Contractor is responsible for keeping current and complying with all applicable state and federal laws, rules, and regulations.

Scope of Work

A. PICK UP OF MATERIAL

The pickup of hazardous material will be a full service pickup and removal. The Contractor will be expected to receive, sort, categorize, sample/analyze as needed, package, label, mark, manifest, load, treat, store, prepare and provide for transportation, recycle and dispose of all materials collected. The Contractor will coordinate with generators to establish a pickup schedule.

B. LABELING AND MARKING

Contractor must make sure the container labeling and marking are as required by N.D.A.C. Chapter 33-24-03 and 40 C.F.R.

§ 262.31 and 262.32.

C. TRANSPORTING OF MATERIAL

Contractor shall placard each transportation vehicle in compliance with N.D.A.C. Chapter 33-24-03 and 40 C.F.R. part 262.

In the event of a discharge of the material during transportation, Contractor shall take immediate action to protect public health and the environment as required by N.D.A.C. section 33-24-04-07 and by 40 C.F.R. part 263.

D. STORAGE, TREATMENT, RECYCLING, AND DISPOSAL

Contractor must ensure that all facilities used for the storage, treatment, recycling and disposal comply with all applicable state and federal laws, rules, and regulations.

Contractor must provide the State Procurement Office with a list of facilities that will be used for final treatment or disposal, including permit status and compliance status.

E. MATERIAL STORAGE

All material should be transported directly from sites in North Dakota to permitted storage, treatment, recycling, or disposal facilities.

F. DOCUMENTATION

Contractor shall obtain all necessary documentation to prove that the final treatment, recycling or disposal has been accomplished.

Contractor shall comply with the manifest system of record keeping required in ND Administrative Code chs. 33-24-03 and 33-24-04 and 40 C.F.R. parts 262 and 263. Contractor shall ensure that a current uniform hazardous material manifest is obtained and maintained for transportation of all hazardous material s from the collection sites.

http://www.legis.nd.gov/cencode/t23c20-3.pdf?20141008144124 http://www.legis.nd.gov/information/acdata/html/33-24.html

G. REPORT OF SERVICES

A report must be sent each month to the contract manager, including the name of the hazardous material generator, date and location of picked up, copies of manifests with material description, quantity, and disposition method.

H. MANAGEMENT OF MATERIAL

All staff and material handlers must be properly trained. Contractor must have established procedures to contain, control, and clean up any spills occurring during material collection and during off-site material storage. Contractor must have emergency response capability to control and cleanup of a material spill.

I. CUSTOMER SERVICE

Contractor must be available 8:00 am thru 5:00 pm CT to answer all questions. Contractor may be asked to provide outreach materials.

Scope of Work- Project Safe Send

Background Information Keeping our air and water clean requires commitment. For years, farmers, ranchers, and others have safely stored unusable pesticides like DDT, arsenic, dieldrin, chlordane, and mercury seed treatments.

Project Safe Send (PSS) was started in 1991 to help people safely and legally dispose of unusable pesticides.

Pesticides become unusable because the U.S. Environmental Protection Agency may have suspended or cancelled the registration, the pesticide may have been damaged by improper storage or age, and because of changes in agricultural practices. Since 1992, more than 10,000 people have delivered more than 4.7 million pounds of pesticides. It is believed that significant amounts of unusable pesticides remain and continue to pose a risk to those who store them and to the surrounding environment.

Hypothetical Waste Collection A Waste collection event is scheduled for July 12, 2019 at a site just outside Anytown, North Dakota. The contractor will have access to the site on July 11, 2019. The contractor completes all preparation of the site for the event prior to 7:30 a.m., July 12, 2019, including berm construction and plastic tarping over the work area, and unloading over pack drums and absorbent material. The tarps cover a 30' x 50' area. For this collection site, 4 to 8 contractor personnel are present.

The contractor is responsible for site security.

The collection day begins at 8:00 a.m. on July 12, 2019, and the last participant arrives at 12 p.m. Ten to seventy PSS participants deliver Waste, and a total of 1,000 to 45,000 pounds of Waste are collected.

The contractor spends about 3 hours finishing paperwork, packaging, and loading the containers onto trucks for transport.

The contractor has arranged for a forklift and an operator for unloading Waste from PSS participants' vehicles during the collection event and for loading the contractor's trucks at the end of the collection event.

Location of Work The Department will determine collection dates and sites after the contract is awarded. The collection events will be conducted in sequence at 12 or 14 separate sites, with or without lapse time between. Collection sites are at state-owned properties, usually North Dakota Department of Transportation property. A hard packed surface or asphalt will likely be available. The sites may not have water, electrical power, or communication equipment, and the contractor must be prepared to provide these services at each site.

Example of Previous Testing Locations and Participating Addendum Language The collection events must be conducted in sequence at North Dakota locations as specified below. Except as otherwise determined by the North Dakota Department of Agriculture “Department”, there will be twelve collection locations located throughout North Dakota in July of 2015. The Department has the right to add or delete site locations and collection events, and doing so is not a significant change to the contract. Contractor should assume that there is no water, electrical power, or communications equipment at the collection sites. The 2015 PSS collection locations are as follows:

A. Kenmare

B. Parshall C. New England D. Flasher E. Napoleon F. Ellendale G. Cando H. Towner I. Wyndmere J. Larimore K. Mayville L. Center

Normal Business Hours: 8:00 a.m. – 5:00 p.m.

Collection Times: 9:00 a.m. – 3:00 p.m.

Collection Site Preparation and Restoration

Contractor is responsible for each collection site setup and site restoration to the satisfaction of Department. Contractor shall coordinate setup, preparation, and operation plans with Department, but Contractor is ultimately responsible for setup, preparation, and operation. Before each collection event, Contractor shall surround each collection site’s Waste-handling area with a berm adequate to contain any discharged Waste and place a plastic tarp over this area.

Contractor is responsible for placing and removing the berm material and for providing the necessary equipment to do so.

The Contractor shall evaluate the PSS participants load condition before unloading to determine the potential for discharges while unloading, and if the materials and conditions warrant, the vehicle unloading area must be, in addition to the required plastic tarp, covered with an impermeable material able to keep discharged materials from contacting the surface area.

On Site Functions A. Timely provide Department notice of any chemicals that will be invoiced above the contracted per gross pounds pricing stated in “Section 6” of this addendum no later than 60 days prior to any collection commencing of those chemicals. Invoices for chemicals, above contracted per gross pounds pricing stated in “Section 6” of this addendum, submitted less than 60 days prior to collection in the sole discretion of Department may be approved for payment by Department and only then are subject to payment by Department.

B. Attend any organizational meetings as required by Department before the pesticide collection days.

C. Ensure site safety, preparation, security, and restoration including berm placement, and adequate tarping for discharge containment and cleanup, including a contingency plan for inclement weather.

D. Clearly mark the chemical handling area, establish, and monitor ingress and egress for all persons in this area.

E. Post signs indicating that PSS participants are to remain in their vehicles; no smoking, eating, or…