Dacotah+Paper+Contract.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(February 2024)

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this IFB. Bidders shall direct all communications regarding this IFB to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PURCHASING AGENCY (STATE): State Procurement Office PROCUREMENT OFFICER: Seth Westby EMAIL: swestby@nd.gov

PHONE: 701-328-1953

TTY Users call: 7-1-1

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

BID QUESTION DEADLINE

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

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

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

STATE PROCUREMENT WEBSITE (SPO ONLINE)

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

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

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

DATE ISSUED 11/21/2024 BID NUMBER 110.7-24-091

BID TITLE

Janitorial Products and Disposable Food Service Products

COMMODITY

CODE(S) 485, 486

BID QUESTION

DEADLINE 11/27/2024, 1:00 PM CT CONTRACT NUMBER 009

BID RESPONSE

DEADLINE 12/11/2024, 1:00 PM CT CONTRACT PERIOD 12/20/2024 – 2/1/2026

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

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

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

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

• Sign your bid, and initial any changes or corrections

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

• If using a delivery service, check tracking to ensure the Bid Response will be delivered on time. Contact the

Procurement Officer as soon as possible in the event of delays due to weather, etc.

• Submit any required samples or documents.

2. Definitions.

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

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

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

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

• Procurement Officer: an individual duly authorized to enter into and administer purchasing contracts and make written determinations with respect thereto; also includes an authorized representative acting with the limits of designated purchasing authority.

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

• Services: the furnishing of labor, time, or effort by a Contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance.

• Solicitation: a document to notify prospective Bidders of a bidding opportunity.

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

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

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

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

• SPO Online: a procurement information website maintained by the State Procurement Office pursuant to

N.D.C.C. § 54-44.4-14.

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

See the OMB Guidelines to Vendor Registry for more information.

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

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

• Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1).

• If you need to register, fees apply.

• Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the

State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

4. Bidders List. Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder.

The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

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

The commodity codes used for this solicitation are: 485, 486 commodity codes.

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

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

5. Submission Instructions. Please follow these instructions to submit your Bid Response. Bid Responses must be received by the Procurement Officer by the Bid Response deadline. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

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

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

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

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

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

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

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

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

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

5. The maximum file size allowed is 50 MB per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system does not accept other special characters such as apostrophe, & symbol, quotation marks, etc.

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10.Bidder will receive an email confirmation from infospo@nd.gov that the upload response was received including the

“File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Bidder do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If Bidder does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders mailto:infospo@nd.gov mailto:infospo@nd.gov https://apps.nd.gov/csd/spo/services/bidder/main.htm mailto:infospo@nd.gov mailto:infospo@nd.gov https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf

6. Additional Terms and Conditions. Additional terms and conditions submitted with a Bid Response are of no effect unless accepted in writing by the Procurement Officer. Bid Responses with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06).

7. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the

Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

8. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid

Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

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

Response opening will be held: December 11, 2024 at 1:00 PM CT via Teams

Microsoft Teams Need help?

Join the meeting now Meeting ID: 252 217 214 306 Passcode: kj2NG6PW

Dial in by phone +1 701-328-0950,,462391753# United States, Bismarck Find a local number Phone conference ID: 462 391 753# Join on a video conferencing device Tenant key: teams@join.nd.gov Video ID: 118 825 652 0 More info For organizers: Meeting options | Reset dial-in PIN

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10. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid

Responses received and the award. Bid Response results may be posted on SPO Online:

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

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

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

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

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

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

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

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

Response deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODIxODEyMjgtMmFmMi00MDgzLWE3MTAtODFlNmFhMjJhZTMy%40thread.v2/0?context=%7b%22Tid%22%3a%222dea0464-da51-4a88-bae2-b3db94bc0c54%22%2c%22Oid%22%3a%22f90973f4-4db8-4e5a-b589-1976789623ff%22%7d tel:+17013280950,,462391753 https://dialin.teams.microsoft.com/b55e1684-2d28-41f4-ba9d-69c288a879dd?id=462391753 https://itdpexipconfnd1.join.nd.gov/teams/?conf=1188256520&ivr=teams&d=join.nd.gov&w https://teams.microsoft.com/meetingOptions/?organizerId=f90973f4-4db8-4e5a-b589-1976789623ff&tenantId=2dea0464-da51-4a88-bae2-b3db94bc0c54&threadId=19_meeting_ODIxODEyMjgtMmFmMi00MDgzLWE3MTAtODFlNmFhMjJhZTMy@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf award. Protests must be made in writing to the Procurement Officer and include the basis for the protest. (N.D.C.C.

§ 54-44.4-12; N.D.A.C. ch. 4-12-14.)

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

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

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

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

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

20. Supplier Registration (Payee). The successful Bidder will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

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

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

http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222 http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

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

• Split award per group

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

a. Preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in

N.D.C.C. § 44-08-02. (N.D.C.C. 54-44.4-05.1)

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

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

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

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

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

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

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

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

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

b. the Bid Response is determined to be late;

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

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

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09) https://www.ndlegis.gov/cencode/t44c08.pdf#nameddest=44-08-02 https://ndlegis.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. Purpose. The purpose of this solicitation is to establish a statewide contract to provide the State with Janitorial

Products and Disposable Food Service Products. State seeks to add EPP, bio-based and recycled products to this Janitorial and Disposable Food Service Products state contract. The North Dakota Legislature has enacted N.D.C.C § 54-44.4-07, effective after June 30, 2008. This law requires state agencies to specify environmentally preferable products (EPP); bio-based products and recycled products in solicitations.

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

3. Cooperative Purchasing. This contract is a cooperative purchasing contract established pursuant to N.D.C.C §

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

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

a. Contract Period. This Contract term (Term) begins on 12/20/2024, or its Effective Date, and ends on 2/1/2026.

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

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

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

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

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

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

6. 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)

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

8. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Procurement Officer. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within 14 days after the request by the Procurement Officer.

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

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

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

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

11. Order Confirmation. The Contractor must confirm the receipt of orders by communicating with the Ordering Agency within 1 working days of the order placement. State requires contractor be available to take orders from 8:00 am to 4:30 pm CT, with the exception of North Dakota State holidays.

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

• Delivery must be made within 10 days after the CONTRACTOR receives an order from the Ordering Agency by issuance of a contract or purchase order or use of a purchasing card.

13. Delivery Location - F.O.B. Point and Freight. Delivery, freight, and passage of title shall under this contract shall be as follows:

• F.O.B. Destination to any North Dakota location. All freight and handling is to be included in the item price.

Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

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

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

14. Invoicing.

Orders will be placed by state agencies and institutions.

15. Paper Recycled. N.D.C.C.§ 54-44.4-08 requires that at least twenty percent of the total volume of paper and paper products purchased for state agencies and institutions contain at least twenty-five (25%) percent recycled material.

16. Pricing – Tax Exempt. All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Bidders may contact the Procurement Officer to obtain the Purchasing Agency’s tax exemption number and tax-exempt certificate.

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

• Pricing, Firm-Fixed with Adjustment Provisions. Pricing shall be firm for the first 90 days of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment.

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

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

19. Service – Local Requirement. Services within 48 hours after placement of service call is required.

CONTRACTOR must have facilities or service providers within a commuting distance to meet this requirement.

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

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

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

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

22. Definitions

Source of definitions: EPA Final Guidance –appendix at website:

Final Guidance on EPP | Environmentally Preferable Purchasing | US EPA

• Biobased Products or Biobased Source Content - are defined as commercial or industrial products (other than food or feed) that utilize biological products or renewable, domestic, agricultural (e.g., plant, animal and marine), or forestry materials.

• Environmentally Preferable Products - (EPP) or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

The product or service comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal. N.D.C.C § 54-44.4-07, effective June 30, 2008.

• Product Certification and Eco Labeling - provided by EPA (United State Environmental Protection Agency) or various third party or independent product certifications for content or compostability after testing and review by the certifying entity. Examples: BPI (Biodegradable Products Institute) certification is open to all materials and products that meet ASTM D6400 or D6868 based on testing in pre-approved, independent laboratories.

• NR S-US1 COMPOSTING COUNCIL CERTIFICATION - This plastic product meets ASTM #D6400-99, "Standard Specifications for Compostable Plastics", and is intended to be composted in a municipal or commercial facility operated in accordance with best composting management practices.

• Post-Consumer Waste (PCW) - Recycled content products are made from materials that would otherwise have been discarded, this may be noted on packaging as Post-Consumer Waste (PCW).

• Recycled Content - Materials that have been recovered from the solid waste stream, either during the manufacturing process (pre-consumer), or after consumer use (post-consumer). See Federal Trade Commission Environmental Marketing Guides mentioned above for more detail. Executive agencies (Federal) are required to purchase EPA-designated items with recycled content (40 C.F.R. Part 247). Purchasers may want to consider whether the material contains pre-consumer or post-consumer recycled content. Recycled content, under the Federal Trade Commission guides, includes recycled raw material, that would have otherwise been incinerated or land filled, as well as used, reconditioned and remanufactured components. For http://www.epa.gov/oppt/epp/pubs/guidance/finalguidance.htm products that are only partially made of recycled material, a recycled claim should indicate the percentage, by weight, of recycled content in the finished product. Unless it is otherwise clear from the context of the sale, for products that contain used, reconditioned or remanufactured components, a recycled claim should make clear that such components are used, reconditioned or remanufactured.

23. Bid Response Worksheet. The Bid Response Worksheet attached to this Invitation to Bid must be completed and submitted as required. Each group must be filled out entirely or it that group will be considered non-responsive.

24. Returns. Any product that is expired or visibly damaged or that fails inspection by the receiving facility will be rejected and the contractor must replace it immediately at no additional expense to the Purchasing Agency. Any product delivered that does not conform to requirements will be returned for full credit, at the contractor’ expense.

The contractor will issue a return authorization upon request of the Purchasing Agency.

25. Estimated Volume.

The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The contractor or contractors will be required to furnish actual requirements upon receipt of an order.

a) The annual spend is estimated on each Contract Item listed on the Bid Response Worksheet. There are no specific spend patterns, as products are procured by various state agencies and cooperative governmental entities as needed during the year.

b) This contract will not include items of a similar nature, which must be bought for emergency use.

c) The estimated total annual spend is $750,000

26. Product Substitution, Additions or Changes. State approval must be obtained before any product is added, deleted or substituted. Product changes will become effective as set forth in a written amendment to the contract.

State reserves the right to amend the contract to add or delete contract items.

a) State approval must be obtained prior to any product substitution request by Contractor. State requires a 30 day review of proposed substitution. The proposed product substitution will be accompanied with written notification and reason for the substitution or change. The proposed product must meet or exceed specifications for the originally bid product.

b) If the proposed product is not approved, State may choose to discontinue that part of the contract and obtain the product from another source.

c) State may add additional products as long as they fit under the scope of work for janitorial products.

27. Small Order Exemption. Orders of less than one case of product on this contract are excluded from this contract.

28. Reporting-Monthly Contract Spend. Contractor must maintain records of sales under the contract and furnish volume of sales information to the State Procurement Office, due 5 days following the conclusion of each month.

The report format shall be in a spreadsheet compatible and editable with State system.

A sample report will be submitted by the awardee, and agreed upon with State, prior to contract execution. The Monthly Contract Spend Report format shall be based on the Sample Monthly Reporting Format, Attachment 3- Sample Report. State must approve the final format.

Sample Monthly Contract Report Format:

Contract spend monthly reports, in an editable spread sheet format, State seeks the following details:

• Report titled with contract name, contractor name, month, and date of the report period,

• Name of ordering State Agency or Governmental Entity

• State Contract Item Number

• Brief description of product

• OEM product number, or ordering number

• Order date

• Sell Unit of Measure

• Recycled percentage of product

• Net Case Weight of product

• Quantity sold

• Sell Price

• Units sold by order

• Spend total by order for state contract item

• Summary of total quantity sold

• Summary total spend for each state contract item

• Grand total monthly spend

Contractor may be required to provide additional reporting, upon request from State within 10 days of notice from State.

• Failure to submit these reports as requested can be construed as noncompliance with the original terms of the contract and may be grounds for termination of the contract.

SECTION 4

DETAILED SPECIFICATIONS

1. Acceptable Brand or Alternate Brand Submission. The Bid Response Worksheet has a column for “Product

Brand.” Bidders must indicate the Product Brand and Manufacturer Product Number (MFR #) of the item being offered. The product submitted will be required to meet the following:

a. “Acceptable Brand”. Bidders offering an “Acceptable Brand” (AB), as described within the respective Bid Item are not required to provide samples.

b. “Alternate Brands”. Bidders offering products not named as an “Acceptable Brand (AB)” within the respective

Bid Item must submit samples and related product specific literature. State will evaluate alternate brand sample submissions for acceptance as Acceptable Brand.

2. Bidder Response for Environmentally Preferable Products (EPP). Bidders are invited, but not required, to offer Environmentally Preferable Products (EPP), Biobased and Recycled products to supplement the current approved brands named in the product line of janitorial paper and disposable food services products. Bidder shall follow sample submission requirements for approval of alternate EPP products, not listed as Approved Brand (AB).

a. All EPP products must contain a percentage of post-consumer recycled paper pulp content (PCW) or be composed of biobased fiber, resin or other material that is shown to be biodegradable.

b. Bidder must provide available information for the Recycled % as required on the Bid Response Worksheet.

Provide documentation from the manufacturer related to the product biobased content, Pre-Consumer and Post-Consumer Waste recycled content, and compostability. Provide available documentation of any third party testing and certification, such Environmental Institute (BPI) certification, Green Seal, Environmental Choice, or ASTM, etc.

c. Exception: Specific bid items are noted as RNR,” response not required”, in the bid response worksheet column titled “recycled %” column. The RNR bid items do not require a response for recycled %.

3. Sample Submission Requirements for Approval of Alternate Brands. Samples maybe required from the awarded vendor. Samples will not be due upon bid opening.

a. Provide one (1) standard package; cases of product samples are not required.

b. Clearly mark samples with:

1) Bidder’s Name,

2) Bid Item Number,

3) Product Brand Name,

4) Manufacturer’s product number

c. Provide available related product literature;

d. The State may request additional information from bidder for product review or at any time during the contract. Samples requested from bidder will be provided within 7 days.

4. Soap Specifications for DOCR

a. MSDS/SDS rating 1 or less

b. Light/mid smell

c. No Refillable Reservoirs

d. No Alcohol

5. Soap Dispensing Equipment The bid response sheet does not contain soap dispensers. Awarded vendors are required to furnish soap dispensing equipment that works with the proposed soap solution at no additional cost to the state entity purchasing that specific soap solution.

6. Sanitary Paper Products – Minimum EPA Post-Consumer Waste (PCW) Percentage Requirements.

Paper Towels, Facial Tissue and Bathroom Tissue products must meet the minimum Environmental Protection Agency (EPA) Post Consumer Waste Recycled Content standard.

The following sanitary paper products will be noted with an Asterisk *on the Bid Response Worksheet and are required to contain the PCW content as specified in the table below:

SANITARY PAPER BID ITEMS MINIMUM PCW CONTENT:

Note the Bid Response Worksheet Column I - Recycled Percentage requires a total percentage of the PCW content and other types of recycled content to complete % (Column I) Recycled all types bid entry. Bidders may be required to provide documentation of the respective percentage of PCW content of these products by manufacturer, upon request from the state before award, or at any time during the contract.

*Paper Towels, folded or roll type, marked w/asterisk

40% PCW /post-consumer content

*Bathroom Tissue 20% PCW/post-consumer consumer content *Facial Tissue 20% PCW/post-consumer content

Sanitary paper products may be natural, unbleached, if bleached, be Process Chlorine-free (PCF) or certified by the Chlorine Free Products Association, PEET certified, or comprised of managed forest sources certified by the Forest Stewardship Council or other environmental certifications that will meet EPA's Final Guidance on Environmentally

Preferable Purchasing.

SECTION 5

RISK MANAGEMENT REQUIREMENTS

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

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

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

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

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

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

Name: Seth Westby Email Address: swestby@nd.gov Email Subject Line: Certificate of Insurance – 009 Janitorial Products and Disposable Food Service Products

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 6

BID RESPONSE FORM

Service Provider: The CONTRACTOR must provide a dedicated service provider to support for this contract. During the contract term, the CONTRACTOR shall notify the Procurement Officer if CONTRACTOR’s service provider changes.

Sales Representative: The CONTRACTOR must provide a dedicated sales representative to provide support for this contract. The sales representative will be required periodically visit ordering agencies to provide information regarding products available under the contract and assistance with order placement. During the contract term, the CONTRACTOR shall notify the Procurement Officer if the CONTRACTOR’s sales representative changes.

Service Provider/ Sales Representative Name: Dacotah Paper Company/Rich Steidler

Address: 402 East Capital Avenue

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City & State & ZIP Bismarck, ND 58501

Phone Number: 701-226-8423

Cell Phone Number: 701-226-8423

Toll Free Number: 800-323-7583

E-Mail Address: richs@dacotahpaper.com

Fax Number: 701-281-0446

BIDDER INFORMATION AND SIGNATURE

By submitting a Bid Response, the Bidder agrees to…