Asbestos+Abatement+at+Devils+Lake+CMS+RFP.docx

STATE OF NORTH DAKOTA

DEPARTMENT OF ENVIRONMENTAL QUALITY

4201 NORMANDY STREET

BISMARCK, ND 58503-1324

REQUEST FOR PROPOSAL (RFP)

RFP Title: Asbestos Abatement at Devils Lake Central Middle School RFP Number: 303-25-003 Issued: January 21, 2026

TABLE OF CONTENTS

ATTACHMENTS

1. AHERA Project Design Manual

2. Asbestos 3-Year Re-Inspection

3. Site Photographs

4. Building Diagrams of Asbestos Locations

5. Asbestos Locations and Quantities

6. Asbestos Abatement Phasing Schedule

7. Guideline 12- Asbestos Disposal in ND Landfill Facilities

8. Asbestos Notification of Demolition and Renovation Form (SFN17987)

9. Brownfields Program Quality Assurance Project Plan (QAPP)

10. Contract - Purchase of Service Agreement (PSA)

11. Technical Proposal Evaluation Worksheet

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

The State of North Dakota, acting through its Department of Environmental Quality, Division of Waste Management (the STATE) is soliciting proposals for asbestos abatement. Asbestos abatement includes the removal and proper disposal of all asbestos containing thermal system pipe insulation (TSI), asbestos containing floor tile and associated mastic at the Devils Lake Central Middle School located at 325 7th St NE in Devils Lake, ND as detailed in the Scope of Work. This work will be in conjunction with ongoing construction/renovation work at the school.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Amy Cannon EMAIL: amy.cannon@nd.gov

PHONE: (701) 328-7258

TTY Users call: 7-1-1

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).

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))

1.3 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

1.4 RFP SCHEDULE

ON-SITE WALKTHROUGH

The STATE will provide Offerors the opportunity to complete an on-site walkthrough of the project. Participation is not mandatory.

The on-site walkthrough will ONLY be offered on Wednesday, January 28, 2026 at 12:30 PM CT at the Devils Lake Central Middle School located at 325 7th Street NE, Devils Lake, ND 58301.

All Offerors that plan to attend the on-site walkthrough MUST notify the Procurement Officer via email by 4:00 PM CT on Tuesday, January 27, 2026 of their intent to attend the walkthrough. If the Procurement Officer does not receive any notifications with intent to attend by the deadline, the on-site walkthrough will NOT be held or rescheduled.

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodations can be made.

1.6 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.

1.7 BIDDERS LIST REGISTRATION

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 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: 910 (38) and (40).

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.

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

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

1.9 AMENDMENTS TO THE RFP

If an amendment to this RFP is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFP. An Offeror shall include in their proposal any required acknowledgements of amendments to the RFP.

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

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

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP 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 Offeror to a specific section of the RFP.

1.11 ON-SITE Walkthrough

The STATE will provide Offerors the opportunity to complete an on-site walkthrough of the project. Participation is not mandatory. Questions and answers along with any changes made to the RFP will be disseminated as a solicitation amendment.

The on-site walkthrough will ONLY be offered on Wednesday, January 28, 2026 at 12:30 PM CT at the Devils Lake Central Middle School located at 325 7th Street NE, Devils Lake, ND 58301.

All Offerors that plan to attend the on-site walkthrough MUST notify the Procurement Officer via email by 4:00 PM CT on Tuesday, January 27, 2026 of their intent to attend the walkthrough. If the Procurement Officer does not receive any notifications with intent to attend by the deadline, the on-site walkthrough will NOT be held or rescheduled.

1.12 OFFER HELD FIRM

Offerors must hold proposals firm for at least 180 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.13 OFFEROR RESPONSIBLE FOR COSTS

Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

1.14 TAXES

The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon request by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are Form 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit their website at https://www.nd.gov/tax/tax-resources/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees’ compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit their website for more information.

1.15 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring their proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFP schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether their proposal has been received. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.16 PROPOSAL OPENING

A public opening will not be held. This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. Per N.D.A.C § 4-12-08-04, the openings may be made public at the discretion of the purchasing agency. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors.

1.17 AMENDMENT AND WITHDRAWAL OF PROPOSALS

Offeror may amend, supplement, or withdraw proposal prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw their proposal and shall provide evidence that a substantial mistake has been made, at which point the STATE may permit withdrawal.

1.18 NEWS RELEASES

Offerors shall not make any news releases related to this RFP without prior approval of the STATE.

1.19 CONFLICT OF INTEREST

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or official knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. (N.D.C.C. § 12.1-13-03)

Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest.

1.20 ATTEMPT TO INFLUENCE PROHIBITED

Offerors must not give or offer to give anything to a state employee or official that might influence or appear to influence procurement decisions. Suspected attempts to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.21 COLLUSION PROHIBITED

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

1.22 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An Offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted in writing to the Procurement Officer during the protest period, which is seven calendar days beginning the day after the notice of intent to award is issued.

The protestor may appeal the decision of the Procurement Officer to the Director of OMB or designee in writing within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-03.

1.23 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.

1.24 SUPPLIER REGISTRATION (PAYEE)

The successful Offeror 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.

SECTION TWO – BACKGROUND

2.1 BACKGROUND INFORMATION

The mission of the North Dakota Brownfields State Response Program (Program) is to restore contaminated Brownfields sites to a safe and productive state. As part of this mission, the STATE will award a contract for asbestos abatement at the Devils Lake Central Middle School located at 325 7th Street NE, Devils Lake, ND 58301. An AHERA 3 Year Re-inspection of the school was completed in November 2024 and the inspection is included as Attachment 2. Site photographs from Fall 2025 are included in Attachment 3.

The STATE is conducting this solicitation at the request of Devils Lake Public Schools who applied for Brownfields Assistance for asbestos abatement. Construction on the original portion of the building began in 1936 and was completed in 1937 as Central High School. The east wing with additional classrooms was added in 1964–1965. In 1992 high school students were moved to a new location, and the building became Central Middle School. Devils Lake Public Schools is planning a multi-million-dollar renovation project, including installation of a new HVAC system during the summer of 2026, resulting in the existing steam boiler system no longer being needed. Classrooms in the south and east wings will also be refreshed and upgraded as part of the renovation. As part of the Asbestos Hazard Emergency Response Act (AHERA), public schools are required to inspect for asbestos, create management plans to control hazards, and perform necessary actions to protect students and staff from asbestos exposure.

2.2 BUDGET

The funds for payment of this contract are already appropriated and identified.

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

The North Dakota Department of Environmental Quality (NDDEQ), Division of Waste Management, is soliciting proposals for asbestos abatement at the Devils Lake Central Middle School located at 325 7th Street NE, Devils Lake, ND 58301. Abatement includes the removal and proper disposal of all asbestos containing floor tile and associated mastic, thermal system pipe insulation and associated mudded fittings as detailed in Attachment 4-Building Diagrams of Asbestos Locations, Attachment 5-Asbestos Locations and Quantities, and Section 3.3(B) of this RFP. Site photographs from Fall 2025 are included in Attachment 3.

Abatement activities must be coordinated with Devils Lake Public Schools (building owner), Trio Environmental Consulting Inc (AHERA project designer and air monitoring/clearance contractor), and Construction Engineers (general contractor in charge of remodeling). All on-site abatement MUST be completed between May 18, 2026 and June 26, 2026 in accordance with the with the priority rating established in Attachment 6-Asbestos Abatement Phasing Schedule. Abatement cannot begin prior to May 18, 2026 and MUST be completed by June 26, 2026.

ON-SITE Walkthrough

· The STATE will provide Offerors the opportunity to complete an on-site walkthrough of the project. Participation is not mandatory. Questions and answers along with any changes made to the RFP will be disseminated as a solicitation amendment.

· The on-site walkthrough will ONLY be offered on Wednesday, January 28, 2026 at 12:30 PM CT at the Devils Lake Central Middle School located at 325 7th Street NE, Devils Lake, ND 58301.

· All Offerors that plan to attend the on-site walkthrough MUST notify the Procurement Officer via email by 4:00 PM CT on Tuesday, January 27, 2026 of their intent to attend the walkthrough. If the Procurement Officer does not receive any notifications with intent to attend by the deadline, the on-site walkthrough will NOT be held or rescheduled.

3.2 APPLICABLE DIRECTIVES

This project is subject to and must comply with the following:

a. Attachment 1: AHERA Project Design Manual

b. Attachment 6: Asbestos Abatement Phasing Schedule

c. Attachment 7: Guideline 12- Asbestos Disposal in ND Landfill Facilities

d. Attachment 9: Brownfields Program Quality Assurance Project Plan (QAPP)

e. Asbestos removal and disposal activities performed by the Contractor and any subcontractor must comply with all requirements in N.D.C.C. ch. 23.1-06 and N.D.A.C. chs. 33.1-15-13 and 33.1-20-01.1.

Offeror is responsible for identifying and complying with all state and federal requirements that apply to the contract.

3.3 REQUIREMENTS

A. MANDATORY

The Offeror must meet the following requirements to be eligible to submit a proposal:

1. The Offeror and any subcontractors must not be a party to a Notice of Violation (NOV) issued by the NDDEQ within one year of the Solicitation Closing deadline.

2. The Offeror and any subcontractors must not have entered into an Administrative Consent Agreement (ACA) or an Expedited Settlement Agreement (ESA) with the NDDEQ or be the subject of an administrative order issued by the NDDEQ within one year of the Solicitation Closing deadline.

3. Issuance of a current North Dakota Solid Waste Transporter Permit is required and must include asbestos waste as a waste category the abatement contractor is permitted to haul.

4. The Offeror and any subcontractors doing work for the Offeror must be licensed as Asbestos Abatement Contractors through the NDDEQ’s Asbestos Control Program. The Offeror and any subcontractors are responsible for ensuring that any individuals performing asbestos activities are certified by the NDDEQ’s Asbestos Control Program. Proposals must include proof of licenses for the abatement contractor and subcontractors and certifications for all individuals who will be working on the project. Proposals that do not follow these instructions may be deemed non-responsive.

5. Offeror must be registered through the federal system for awards management (www.sam.gov) prior to contract execution.

6. Continuous air-monitoring and final air clearance is required for all asbestos abatement work on this project. Continuous air-monitoring and final air clearance will be provided by Trio Environmental Consulting Inc, which has been hired by the Devils Lake Public School District. The successful Offeror must abide by any requirements provided by Trio Environmental Consulting Inc to remediate elevated asbestos readings outside the enclosure (containment area) and re-clean any areas that fail to achieve final air clearance. Abatement activities cannot be performed unless Trio Environmental Consulting Inc is onsite and providing air monitoring.

7. Offeror must identify the specific dates during the site abatement window, May 18, 2026, and June 26, 2026, that onsite abatement activities will occur in their proposal response. This is required for the coordination of air monitoring with Trio Environmental Consulting Inc and any ongoing renovation work with Construction Engineers.

B. DELIVERABLES

The Offeror will be required to complete the following to achieve the objective of this project:

1. ALL abatement must be completed between May 18, 2026 and June 26, 2026, and all reports/paperwork submitted to the NDDEQ before September 30, 2026, which is also the contract end date. The Lower Level Music Room is the only area where abatement activities can be conducted during the week of May 18th. Abatement will be completed in accordance with the priority rating established in Attachment 6-Asbestos Abatement Phasing Schedule. Furnishings will be removed from the Lower Level Music Room by 5/18/2026, the remaining 1st Priority areas by 5/26/2026, and by 6/04/2026 for the 2nd Priority areas.

2. Interior Asbestos Containing Floor Tile and Associated Mastic Removal and proper disposal of approximately 16,891 square feet of non-friable asbestos containing 9”x9” floor tile and associated mastic (with approximately 4,253 square feet of that located under carpet or laminate flooring), and approximately 599 square feet of residual non-friable asbestos containing black mastic located under carpet. All floor tile and mastic are located in the 1936 and 1964 building additions (See 1st and 2nd Floor Flooring Diagrams provided in Attachment 4 and Attachment 5-Asbestos Locations and Quantities). One room in the 1964 building addition, the Science Lab Room A209, has asbestos tile/mastic under laminate on a wood floor surface, encapsulation of any mastic that cannot be removed will be required. All other tile/mastic that must be removed is located on a concrete surface. Mechanical means may be used for tile/mastic removal on this project.

3. Interior Asbestos Containing Thermal System Pipe Insulation and Mudded Fittings Removal and proper disposal of approximately 676 lineal feet of asbestos containing pipe insulation and approximately 250 asbestos containing associated mudded fittings located in the Lower Level portion of the 1936 building addition (See Lower Level Plumbing and Steam Line Diagrams provided in Attachment 4 and Attachment 5-Asbestos Locations and Quantities).

4. Interior Asbestos Containing Ceiling Tile Texture Removal and proper disposal of approximately 1,840 square feet of asbestos containing texturing adhered to ceiling tiles in the Lower Level portion of the 1936 building addition Music Room A011 (See Lower Level Ceiling Diagram provided in Attachment 4 and Attachment 5-Asbestos Locations and Quantities).

5. Pre-Construction and Progress Meetings Participate in pre-construction conference and progress meetings as required by Devils Lake Public Schools listed in Section 01043-Project Coordination of Attachment 1-AHERA Project Design Manual. A contingency plan for emergencies is required by Devils Lake Public Schools and must be provided to Trio Environmental Consulting Inc (See Attachment 1).

6. An Asbestos Notification of Demolition and Renovation form SFN17987 - Attachment 8 must be submitted at least ten (10) working days before beginning abatement activities.

7. Abatement Report An abatement report for the site must be submitted to the NDDEQ Project Manager before September 30, 2026. The report must include a daily log of work completed at the site and all asbestos waste manifests and final contract invoice must accompany the report.

C. LOCATION OF WORK/TRAVEL

The work is to be performed, completed, and managed at Devils Lake Central Middle School in Devils Lake, ND. STATE shall not provide workspace for the Offeror. The Offeror should include in its Cost Proposal the total cost for travel (transportation, lodging, and per diem) including travel for disposal of all abated asbestos materials sufficient to complete the required deliverables in this RFP.

D. STATE-FURNISHED PROPERTY/SERVICES

The STATE will provide a Brownfields State Response Program (BSRP) Project Manager who will assist with the site coordination and contracting aspects of the project.

E. RISK MANAGEMENT

The Offeror will take appropriate measures to ensure the safety their employees, state employees, the public, and property. The Offeror must read and comply with the AHERA Project Design Manual-Attachment 1 and any requirements provided by Devils Lake Public Schools (building owner) and Trio Environmental Consulting Inc (AHERA project designer, air monitor, and air clearance contractor).

F. TECHNICAL EXHIBITS

· Attachment 1: AHERA Project Design Manual

· Attachment 2: Asbestos 3-Year Re-Inspection

· Attachment 3: Site Photographs

· Attachment 4: Building Diagrams of Asbestos Locations

· Attachment 5: Asbestos Locations and Quantities

· Attachment 6: Asbestos Abatement Phasing Schedule

· Attachment 7: Guideline 12- Asbestos Disposal in ND Landfill Facilities

· Attachment 8: Asbestos Notification of Demolition and Renovation Form (SFN17987)

· Attachment 9: Brownfields Program Quality Assurance Project Plan (QAPP)

G. PROJECT MANAGEMENT

The Offeror will be expected to use appropriate project management to ensure the work is accomplished on time, within budget, and meets quantity and quality standards.

1. The Offeror will be required to complete the abatement in accordance with the priority rating established in Attachment 6-Asbestos Abatement Phasing Schedule.

2. Any problems or unforeseen events must be communicated timely to the STATE BSRP Project Manager and any changes must be agreed upon between the parties and set forth in a written amendment to the contract. If the STATE requires corrective action, the contractor will be notified in writing.

3. Contract Closeout - When the contract is completed, the successful Offeror will submit an abatement report for the site to the STATE BSRP Project Manager before September 30, 2026. The report must include a daily log of work completed at the site and all asbestos waste manifests and final contract invoice must accompany the report.

H. CONTRACT TERM AND SCHEDULE

Contract Term This Contract term (TERM) begins on March 15, 2026, or it’s effective date, and ends on September 30, 2026. All abatement work for this project must be completed between May 18, 2026 and June 26, 2026.

Schedule and Deliverables The STATE has identified the following deliverables which are significant work products or milestones in the project. The STATE requires these deliverables to be addressed in the Contract Schedule, at a minimum. The Offeror shall develop a schedule for accomplishing the Scope of Work, including these specific deliverables. The final schedule shall be agreed upon between the STATE and the successful Offeror and incorporated into the contract. The approximate schedule for this contract is as follows:

a. Contract start: March 15, 2026

b. On-site abatement window: May 18, 2026, through June 26, 2026

c. Contractor submits abatement report, asbestos manifests, and final invoice to the NDDEQ Project Manager: September 30, 2026

d. Contract end: September 30, 2026

3.4 EXPERIENCE AND QUALIFICATIONS

Offerors must have the following minimum qualifications to be considered for contract award:

1. Offeror and subcontractor(s) have experience with asbestos abatement at active schools and adherence to AHERA laws.

2. Must be able to complete the project within the 39-day abatement window (May 18, 2026 through June 26, 2026) and comply with the abatement phasing schedule (See Attachment 6).

3. The Offeror and any subcontractors must not be a party to a Notice of Violation (NOV) issued by the NDDEQ within one year of the Solicitation Closing deadline.

4. The Offeror and any subcontractors must not have entered into an Administrative Consent Agreement (ACA) or an Expedited Settlement Agreement (ESA) with the NDDEQ or be the subject of an administrative order issued by the NDDEQ within one year of the Solicitation Closing deadline.

The Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive to the RFP and will be rejected.

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

The STATE discourages overly lengthy and costly proposals. An Offeror must prepare their proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

EMAIL

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

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror MUST electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response 24 hours prior to the Solicitation Closing deadline.

Offeror must begin the electronic submission process well in advance of the Solicitation Closing 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 proposal 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 Solicitation Closing 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 the solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5) clearly labeled documents before the Solicitation Closing deadline provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal and Cost Proposal in separate files.

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. Offeror 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 Offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If Offeror 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.

4.3 PROPOSAL FORMAT

Prepare the Technical Proposal and Cost Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover Letter Section 2 – RFP Amendments Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality

Cost Proposal – The Cost Proposal must be a separate document. Format the Cost Proposal following the RFP instructions.

4.4 TECHNICAL PROPOSAL

SECTION 1 – COVER LETTER

Proposals shall include a cover letter that includes the following:

1. The name of the Offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address.

2. Offerors are instructed to review the “Conflict of Interest” provisions in RFP Section 1 “Instructions.” If the firm, its employees, or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees, and subcontractors do not have a conflict of interest.

3. The cover letter must be signed by an individual with authority to bind the Offeror. By signing the cover letter, an Offeror certifies that it complies with:

a. All the requirements, terms, and conditions as set forth in this RFP.

b. The requirement that the Offeror’s proposal accurately describes the goods and services being offered to the STATE, and the proposal will be held firm for the period specified.

c. All local, state, and federal laws, rules, code laws, rules, code, regulation, and policies, including those relating to nondiscrimination, accessibility, civil rights, and equal employment.

d. The requirement that this proposal was prepared independently without collusion.

4. The cover letter must attest that the Offeror or subcontractor(s) is NOT a party to a Notice of Violation (NOV) issued by the NDDEQ within one year of the Solicitation Closing deadline.

5. The cover letter must attest that the Offeror or subcontractor(s) have NOT entered into an Administrative Consent Agreement (ACA) or an Expedited Settlement Agreement (ESA) with the NDDEQ or be the subject of an administrative order issued by the NDDEQ within one year of the Solicitation Closing deadline.

SECTION 2 – RFP AMENDMENTS

Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

SECTION 3 –SCOPE OF WORK STRATEGY

Offeror must review the requirements and deliverables provided in RFP Section 3, Scope of Work.

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract.

2. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the STATE’s project schedule.

3. Specific Abatement Dates. The Offeror must provide the specific dates that they will conduct on-site abatement activities. The specific dates must occur during the site abatement window: May 18, 2026 and June 26, 2026. This is required for the coordination of air monitoring with Trio Environmental Consulting Inc and any ongoing renovation work with Construction Engineers.

4. Location of Work. The proposal must respond to the STATE’s Location of Work instructions within the RFP Scope of Work. Describe where the work will be performed and any proposed travel.

5. Risk Management. Offerors must describe measures to be taken to ensure the safety of its employees, state employees, the public, and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated. Proposals must include proof of licenses for the abatement contractor and subcontractor(s) and certifications for all individuals who will be working on the project.

6. Project Management Plan. The proposal must describe how the contractor intends to manage the project to ensure the work is accomplished on time, within budget, and meet quantity and quality standards. Offerors may provide a narrative or organizational chart to illustrate the lines of authority and accountability.

7. Proposed Contract Term, Schedule and Deliverables. The proposal must provide a timeline for accomplishing the work in accordance with the priority rating established in Attachment 6-Asbestos Abatement Phasing Schedule.

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFP Section 3.4.

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer.

Experience and Qualifications of the Project Team Provide a narrative or organizational chart that describes the organization of the proposed project team. Provide information for key project team members, including:

1. Description of anticipated work they will perform and approximate estimated hours;

2. Resume or description of the relevant education, training, experience, skills, and qualifications;

3. Proposals must include proof of licenses for the abatement contractor and subcontractor(s) and certifications for all individuals who will be working on the project.

4. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited;

5. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

6. Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and their rights and responsibilities.

References Provide three (3) references for similar projects the Offeror has completed. Offerors must include the name of a contact person, address, email, and telephone number. Offerors are responsible for providing accurate reference contact information and are instructed to notify the reference that the STATE may be contacting them. Reference checks may begin within one (1) business day of the Solicitation Closing deadline. Evaluation may be impacted if the STATE is unable to contact the reference or the reference does not timely provide the requested information.

SECTION 5 – CONTRACT PROVISIONS

Offeror shall review the RFP Section 6 and the STATE’s contract – Attachment 10.

The proposal must indicate whether the Offeror accepts the terms and conditions in the STATE’s contract.

An Offeror may state that they accept the STATE’s contract as written.

An Offeror may state any objections or propose changes or additions to the STATE’s contract. Describe the changes to the contract being proposed or provide a red-line of the STATE’s contract. Offeror is not to submit their own contract or standard terms and conditions with their proposals. Offeror should address the specific language in the attached contract and submit any proposed changes.

North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from the STATE.

SECTION 6 – OPEN RECORDS AND CONFIDENTIALITY

All proposals and other material submitted become the property of the STATE and may be returned only at the STATE’s discretion. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws. Proposals or portions of proposals may be confidential only if specifically stated in law.

Offerors are instructed not to mark their entire proposal as “confidential”.

Offeror must provide one of the following in their proposal:

· Provide a statement indicating that their proposal does not contain any confidential information, OR

· Make a written request to hold confidential any trade secrets and other proprietary data contained in their proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information at https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.5 COST PROPOSAL

Total Cost. Cost proposals must provide the total proposed cost for completing all RFP requirements.

Itemized Costs. Include a detailed itemization of the Cost Proposal, including all direct and indirect costs:

· One time costs

· Commodities/Equipment/Supplies

· Total labor, including a breakdown of the number of hours at the various hourly rates.

· Subcontractor costs

· Travel expenses to include transportation, lodging, and per-dem costs sufficient to complete the required Scope of Work requirements in this RFP

· Overhead

· Etc.

Value-Added Options. Offeror may include pricing for any value-added options that are described in the Offeror’s proposal as options, but not included in the total cost. Any options must be within the scope of work. (e.g. an option for a higher level of service, equipment accessories, extended warranty options, etc.). Provide details related to initial cost, reoccurring costs, and options. The STATE shall not consider these costs as part of cost evaluation scoring.

All costs must be stated in U.S. currency. Any commodities being imported must be identified, and the price must include any applicable shipping and handling, customs, brokerage agency fees, and duties.

Offeror should describe any discount terms for prompt payment. Discounts for prompt payment will not be considered in evaluating costs.

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

5.1 AWARD

The STATE intends to award a contract to the responsible Offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be the most advantageous in consideration of the RFP evaluation criteria.

5.2 RESPONSIVENESS

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation.