968-72-988-26 Contracted Oper. Equip .pdf

CLA 7480 (Div. 50)

North Dakota Department of Transportation

INVITATION TO BID

BID RESPONSE

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 the bid opening. Bid responses received after the time and day specified for the bid opening will be rejected. Mark envelope with word “BID” and the opening time and date. If your bid response is accepted by NDDOT, then your bid response will constitute a binding contract.

CONTRACT

This contract is made and entered into by and between NDDOT for the state of North Dakota (hereinafter state) and

Vendor Name Vendor Address

(hereinafter vendor). In consideration of and for the acceptance by the state of the offer made by the vendor 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 and for which the vendor has been awarded this contract by the state. The vendor shall fully perform this contract 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 contract 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 agreement.

The following must be completed by the vendor; failure to do so may result in the rejection of the vendors bid proposal.

Vendor Name

Mailing Address

Telephone Number Fax Number E-mail Address

Name & Title (Type or Print)

Signature

Date

FOR ND DEPARTMENT OF TRANSPORTATION USE ONLY Accepted by the state according to provisions of award.

Authorized Signature Date

Recommended for approval Date Approximate contract amount

Bid Number: 968-72/988-26-26-050 Bid Opening Date & Time: 11/03/2026 02:00 PM

Items: Contractor Operated Equipment and Equipment Hauling Services Buyer: Vanessa Brosten

Bid Mailing Address: 608 East Boulevard Avenue Telephone Number: 701-328-4466

City, State, Zip: Bismarck, North Dakota, 58505-0700 Email: vbrosten@nd.gov

Contract Period: 11/03/2026 TO 06/30/2027 Date Prepared: 10/19/2026

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.)

mailto:vbrosten@nd.gov

State Of North Dakota

Invitation For Bid (IFB)

Solicitation Number: 968-72-988-26-26-050

Purchasing Agency: Department of Transportation

Solicitation Title: Contractor Operated Equipment

Solicitation Begin /Issue Date: October 19, 2026

Solicitation Question Deadline: October 27, 2026; 5:00 PM Central Time

Solicitation End /Response Deadline: November 3, 2026; 2:00 PM Central Time

Commodity Code(s): 968-72, 988-26

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): Department of Transportation

Procurement Officer: Vanessa Brosten

Email: vbrosten@nd.gov

Phone: 701-328-4466

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

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.

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

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 solicitation has not been posted to the State Procurement Office Online website (NDBuys).

The Procurement Officer will contact all vendors solicited regarding any amendments to this solicitation and will provide any award notices.

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

• 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.

• 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.

• 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.

• 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.

• 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 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://www.omb.nd.gov/doing-business-state/bidders mailto:ndbuys@nd.gov

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 #: 968-72-988-26-26-050

IFB Title: Contractor Operated Equipment

ATTN: Vanessa Brosten

Department of Transportation

Financial Management, Procurement

608 East Boulevard Avenue

Bismarck, ND 58505-0700

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.

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

In NDBuys, all vendors will need to click on the “Item” tab in the solicitation and respond with a 1 for Yes to the question, “Are you able to provide the items/services described in this RFP.”

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/

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.

• 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).

• 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.

• 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.

• Bid Response Opening: A public Bid Response opening will be held. The Procurement Officer will hold the Bid Response opening will be held at 608 East Boulevard Avenue, Bismarck, ND.

• 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.

• 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) 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 http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf

• 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.

• 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.

• 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.

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

• 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.)

• 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)

• 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.

• 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.

• 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.

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/4-12-14.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

• 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.

• 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.

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:

Multiple awards to more than one Offeror – The Invitation to Bid information that is received by the NDDOT will be used to create a Contractor List. The NDDOT will base contractor selection on the low bid closest to meeting the minimum specification, the location of the snow removal or flood control event, availability at the time of the event, willingness to travel and the cost of the transport unit. This means the low bid per unit hour will not always be the successful contractor.

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

3. 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.

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

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

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

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

8. Responsibility of the 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 http://www.legis.nd.gov/information/acdata/pdf/4-12-10.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

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)

9. Rejection: The STATE reserves the right to reject any and all Bid Responses in whole or in part. The Procurement Officer will send a rejection notice, including the reason for rejection.

Bid Responses will be rejected if:

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

b. the Bid Response is determined to be late;

c. the 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: Since the NDDOT will enter into contracts based on the need for services, contracts will become effective upon the date of last contract signature and will terminate not later than June 30, 2027.

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

c. Extension Option: STATE may extend this Contract for an additional period, not to exceed 30 days, beyond the current termination date of this contract.

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. Fuel and Refueling: The NDDOT will not pay additional money for equipment fuel or refueling. Refueling should not be a large issue since most of the work will be for short periods of time. For this contract, it is unlikely that a contractor will have to stay on the job site longer than a tank of fuel would last on most machines. The contractor is in all instances responsible for refueling of their own equipment.

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

Equipment contractors that have performed this service for the NDDOT in the past have had to refuel at one time of another. Contractors will typically have a fuel service tank in the back of their pickup to refuel the machines. Some companies are big enough that they have a dedicated large fuel truck that typically wouldn’t get driven to the job site every day. It is up to the contractor to fuel their equipment and to manage how they will refuel. This cost shall be reflected in the hourly rates offered in the bid response.

5. 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.

6. Invoicing: Invoices are to be submitted to the contract identified district personnel unless otherwise instructed. Failure to submit correct invoices to the appropriate NDDOT office may delay contractor payment. Payment will normally be made within thirty days after delivery and acceptance of commodities or services under this contract and receipt of a correct invoice. All invoice and payment inquiries must be directed to the purchasing agency.

7. 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.

8. 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.

9. 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)

10. Road Restrictions: It is likely that road restrictions will be in effect during the flood ‘season’.

The NDDOT will waive the fee in an emergency situation. Contractors may not be allowed on certain roads but will be allowed to get to the service site. Contractors will still be required to obtain the permit and validation numbers from the Highway Patrol. It is just the fees that will be waived. Contractors and NDDOT District personnel will address this situation on an as needed basis.

11. 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.

12. Time is of the Essence: Time is of the essence for performance under this Contract unless otherwise agreed in writing by the Parties.

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. Objections to any of the provisions of the indemnification and insurance requirements must be made in writing to the attention of the Procurement Officer by the time and date set for receipt of questions. No alteration of these provisions will be permitted without prior written approval from the Purchasing Agency or Entity in consultation with the North Dakota Risk Management Division. Upon receipt of the notice of award, the successful bidder must obtain the required insurance coverage and provide the Procurement Officer with proof of coverage prior to contract approval. The coverage must be satisfactory to the Purchasing Agency in consultation with the North Dakota Risk Management Division. A bidder’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

Failure of the contractor to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

Awarded contractor(s) must provide their own insurance in all instances and must meet the requirements of the attached Risk Management Appendix.

An awarded contractor will be required to furnish proof of insurance as detailed in the Risk Management Appendix within 24 hours of a request for contract activation.

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.

Offeror Information and Signature

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

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

Upon notification of award, the contractor must produce a certificate of insurance meeting the Risk Management Appendix. The Invitation to Bid document will be signed by the NDDOT and an appendix, similar to Attachment 1 will be created to document the particular circumstances and conditions of the event.

Attachment 1 is a sample document. Equipment types and rates, as submitted by successfully awarded contracts, will be entered into Attachment 1, along with other information pertinent to the service as contracted.

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

Offeror/Contractor Name:

Contractor Federal Employer Identification Number (FEIN)

Offeror Street Address/P.O. Box:

City, State Zip:

Contact Name:

Contact Title:

Telephone Number:

Email:

Authorized Representative Signature:

Date:

3.

Section 5 Bid Response Form

Specifications Contractor Operated Equipment for Snow Removal

The intent of this bid specification is to request pricing for contractor operated SNOW REMOVAL work. The NDDOT primarily seeks the services of dozers, tracked agricultural tractors with blades, motor graders with wings and v-plows, snow plow truck, snowcat, and large pay-loader mounted snow blowers for clearing and moving snow in the medians and ditches. There are many variables that come into play when identifying how much work may be needed, the biggest one being future weather patterns.

The NDDOT is requesting pricing per running dozer, tractor, motor grader, snow plow truck, snowcat, or pay-loader per hour with an operator. The NDDOT is also requesting pricing for the cost of the truck and trailer/lowboy per hour used to transport the unit. Hourly rates shall include all operating expenses such as fuel and oil. Prices as submitted must be held firm for the period indicated on the Invitation to Bid cover.

The NDDOT will only pay the hourly rate on the transport unit during actual use not while on standby. The NDDOT will pay the transport unit rate from the unit’s original location to our job site, from job site to job site if loading is necessary, and to and from the closest NDDOT site with electricity if the machine needs to be plugged in at the end of each day or over the weekend and back to the units original location at the end of the project. The NDDOT will not pay for any transportation costs beyond the closest NDDOT yard with electricity. The NDDOT will be responsible for the electricity used at our sites. The NDDOT will not be responsible for any other daily costs associated with the SNOW REMOVAL work.

The NDDOT will provide traffic control if necessary. The units may be needed for a couple of days, a week, a month, or more depending on the weather patterns. The contractor will be asked if they are interested in traveling anywhere within North Dakota. Preference will be given to willingness to travel.

If a SNOW REMOVAL event requires contract activation:

• The selected contractor will produce a certificate of insurance within 24 hours that meets the requirements of the attached risk management appendix.

• The Invitation to Bid document will be signed by the NDDOT and will become the contract document.

• An appendix, similar to Attachment 1, will be created to document the particular circumstances and conditions of the event. Attachment 1 is a sample document.

Equipment types and rates, as submitted by successfully awarded contractors, will be entered into Attachment 1 along with other information pertinent to the service as contracted.

• The equipment operator will not be an employee of the NDDOT.

• The NDDOT will not have permission to operate any of the contractor’s equipment.

All SNOW REMOVAL work is to be performed during daylight hours.

Payment shall be paid as follows: 100% of the total cost of hours used based on the bid price upon satisfactory completion of the SNOW REMOVAL. Invoices shall be addressed to the Districts in which the SNOW REMOVAL is being performed.

The NDDOT may at its discretion terminate the service at any point during the contract period with no further financial obligation to the successful bidder.

Contractor Operated Dozer Work At a minimum, each dozer unit shall be equipped with:

COMPLY COMMENTS

YES NO

120 net flywheel hp

28,000 pound operating weight

Six way dozer blade

Hour meter, must not mark time without engine running on snow removal unit and transport unit

Low ground pressure

Transporting truck with the ability to transport the unit

Willing to travel throughout the State (not required)

Item No. 1 – Contractor Operated Dozer Work:

Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per Transporting Hour

1.

$ /Hour $ /Hour

2.

4.

5.

6.

7.

Contractor Operated Agricultural Tractor Dozer Work At a minimum, each agricultural tractor with blade unit shall be equipped with:

COMPLY COMMENTS

YES NO

370 net hp

Six way dozer blade

Low ground pressure

Willing to travel throughout the State (not required)

Item No. 2 – Contractor Operated Agricultural Tractor Dozer Work:

Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

8.

Contractor Operated Motor Grader Work At a minimum, each motor grader unit shall be equipped with:

COMPLY COMMENTS

YES NO

160 net hp

12’ blade

Right hand benching wing

Left hand benching wing (optional)

V-plow

Willing to travel throughout the State (not required)

Item No. 3 – Contractor Operated Motor Grader Work:

Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Contractor Operated Snow Plow Truck Work At a minimum, each snow plow truck unit shall be equipped with:

COMPLY COMMENTS

YES NO

11-12 foot wide front snow plow

Sander for salt/sand material application with spinner

Optional: additional attachments such as underbody scraper or right/left wing

Optional: automated spreader controller for material application rate

Indicate single or tandem axle

Indicate truck hp size

Indicate capacity of box

Willing to travel throughout the State (not required)

Item No. 4 – Contractor Operated Snow Plow Truck Work:

Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Contractor Operated AWD Pay Loader with Snow Blower Work At a minimum, each AWD pay loader with snow blower unit shall be equipped with:

COMPLY COMMENTS

YES NO

180 net flywheel hp AWD pay loader

Front mounted self-contained snow blower with 250 hp

Snow blower capable of blowing 2700 tons per hour

Blower to be as wide as loader and a minimum of 48” tall

Hour meter must not mark time without engine running

Item No. 5 – Contractor Operated AWD Pay Loader with Snow Blower Work:

Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Contractor Operated Snow Blower Work (Oshkosh Model H or equivalent)

At a minimum, each snow blower unit shall be equipped with:

COMPLY COMMENTS

YES NO

Item No. 6 – Contractor Operated Oshkosh Truck Mounted Rotary Snow Blower Work:

Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Contractor Operated Snowcat Work

COMPLY COMMENTS

YES NO

Willing to travel throughout the State (not required)

Item No. 7 – Contractor Operated Snowcat Work Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Specifications Contractor Operated Backhoe, Excavator Work and Pump Rental for Flood Control Service

The intent of this bid specification is to request pricing for contractor operated backhoe and excavator work as well as pump rental. Primarily tractor backhoes and track excavators will be used for opening blocked pipes and ditches due to ice jams and flooding. There are many variables that come into play when identifying how much work may be needed, the biggest one being future weather patterns.

The NDDOT is requesting pricing per running tractor backhoe and track excavator hour with an operator. The NDDOT is also requesting pricing for the cost of the truck and trailer/lowboy per hour used to transport the unit. The NDDOT is also requesting pricing for the cost of the truck and trailer/lowboy per hour used to transport the unit. Hourly rates shall include all operating expenses such as fuel and oil.

The NDDOT will only pay the hourly rate on the transport unit during actual use not while on standby. The NDDOT will pay the transport unit rate from the unit’s original location to our job site, from job site to job site if loading is necessary, and to and from the closest NDDOT site with electricity if the machine needs to be plugged in at the end of each day or over the weekend and back to the unit’s original location at the end of the project. The NDDOT will not pay for any transportation costs beyond the closest NDDOT yard with electricity. The NDDOT will be responsible for the electricity used at our sites. The NDDOT will not be responsible for any other daily costs associated with the tractor backhoe and or excavator work.

If a FLOOD CONTROL event requires contract activation:

• The selected contractor will produce a certificate of insurance within 24 hours that meets the requirements of the attached risk management appendix.

• The Invitation to Bid document will be signed by the NDDOT and will become the contract document.

• An appendix, similar to Attachment 1, will be created to document the particular circumstances and conditions of the event. Attachment 1 is a sample document.

Equipment types and rates, as submitted by successfully awarded contractors, will be entered into Attachment 1 along with other information pertinent to the service as contracted.

In the event the NDDOT encounters flooding issues time is very critical. The NDDOT may request that the contractor be in place within 12 hours of being contacted. Having the proper paperwork in place to facilitate a contract is critical. Vendor Registration must be completed prior to bid submittal and insurance certificates meeting the attached Risk Management Appendix must be submitted as quickly as possible within the 24 hour window.

The NDDOT is also requesting rental pricing for various size pumps to move water due to flooding. The pricing shall be per running hour if the pump has an engine and hour meter or a weekly rate if the pump does not have an hour meter. Contractors must carry insurance sufficient to cover replacement cost in the event that the pump equipment is damaged during the rental term.

The NDDOT will provide traffic control if necessary.

The equipment operator will not be an employee of the NDDOT.

The NDDOT will not have permission to operate the contractor’s backhoe or excavator equipment.

The contractor will be asked if they are interested in traveling anywhere within North Dakota.

Preference will be given to willingness to travel.

Payment shall be paid as follows: 100% of the total cost of hours used based on the bid price upon satisfactory completion of the tractor backhoe and or excavator work and or pump rental.

Invoices shall be addressed to the Districts in which the work being performed. The NDDOT may at its discretion terminate the service or rental period at any point during the contract period with no further financial obligation to the successful bidder.

Contractor Operated Tractor Backhoe Work At a minimum, each tractor backhoe unit shall be equipped with:

COMPLY COMMENTS

YES NO

75 hp

Backhoe with bucket

Digging depth of 15’

Swing arc of 180 degrees on tractor backhoe and transport unit

Item No. 8 – Contractor Operated Tractor Backhoe Work Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Contractor Operated Excavator Work At a minimum, each excavator unit shall be equipped with:

COMPLY COMMENTS

YES NO

120 net hp minimum

Low ground pressure tracks

Designed to reach at ground level 25’ minimum on unit and transport unit

Item No. 9 – Contractor Operated Excavator Work Machine Make, Model, Year Description (blade & tracks)

Current Location

Cost Per Running Unit Hour Additional Cost Per

Water Pump Rental At a minimum, each water pump unit shall be equipped with:

COMPLY COMMENTS

YES NO

Ability to pump water from a ditch or reservoir of some type

Minimum of 6” pump but no maximum size limit

Proper suction and discharge hose

Engine driven or PTO drive

If equipped with an hour meter, must not mark time without engine running

Item No. 10 – Water Pump Rental Indicate the rate per hour if metered or per week if not metered.

Pump Make, Model, Year Description and Current

Location

Rate Per Hour Rate Per Week

$ /Hour $ /Week

Service Area Preference Please indicate in which districts you will be able to provide CONTRACTOR OPERATED Equipment services.

District Service Area

Preference

YES NO

Bismarck District

Valley City District

Devils Lake District

Minot District

Dickinson District

Grand Forks District

Williston District

Fargo District

Specifications for Hauling Emergency Snow Removal Equipment

The intent of this bid specification is to request pricing for HAULING EMERGENCY SNOW REMOVAL EQUIPMENT. The NDDOT seeks the service of hauling emergency snow removal equipment around the state of North Dakota to primarily be serviced and for emergency events.

The equipment will consist of ag tractors, loaders, motor graders, Oshkosh snow blowers, snowplow trucks, and tractor backhoes. There are many variables that come into play when identifying how much hauling may be needed, the biggest one being future weather patterns.

The NDDOT is requesting pricing for the cost of the truck and trailer/lowboy per mile used to haul the equipment. A price per running mile will need to be provided as part of the contract.

Mileage rates shall include all permits, operator…