BSC+Athletic+Charter+Bus.docx

STATE OF NORTH DAKOTA

Bismarck State College PO Box 5587 Bismarck, ND 58506

REQUEST FOR PROPOSAL (RFP)

RFP Title: BSC Athletic Charter Bus RFP Number: BSC-2025-005 Issued: September 15, 2025

TABLE OF CONTENTS

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

The State of North Dakota, acting through Bismarck State College (BSC) is soliciting proposals for a new or designated preowned MCI or PREVOST bus with no more than 150,000 miles for BSC Athletics Department.

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: Eden Kindsvogel EMAIL: eden.kindsvogel@bismarckstate.edu

PHONE: 701-2242505

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))

1.2 DEFINITIONS

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

1.3 RFP SCHEDULE

1.4 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.

1.5 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.

1.6 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: 556 and 557 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.

1.7 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.

1.8 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.

1.9 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.

1.10 PREPROPOSAL CONFERENCE OR SITE INSPECTION

BSC will hold a preproposal conference or site inspection for this RFP.

1.11 OFFER HELD FIRM

Offerors must hold proposals firm for at least 60 days from the deadline for receipt of proposals (Solicitation Closing). BSC may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.12 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.

1.13 TAXES

BSC 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. BSC sales tax exemption number is E-5420, and certificates will be furnished upon request by the purchasing agency. The DEALER 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 DEALER to submit an IRS Form W-9.

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

A DEALER 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 DEALER 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 DEALER 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 DEALER. In the case of employees performing the services in the state, the DEALER 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.

1.14 F.O.B. POINT AND FREIGHT

All commodities purchased through this contract will be Free on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery cost.

1.15 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring their proposal is received by BSC 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 BSC may permit withdrawal.

1.18 NEWS RELEASES

Offerors shall not make any news releases related to this RFP without prior approval BSC.

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 BSC, 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 Bismarck State College athletic program focuses on the success of its student athletes – their personal, athletic, and academic growth. The program serves as an essential source of pride for the College through an unwavering support for student-athletes, quality sportsmanship, and productive and meaningful campus and community engagement. Adhering to the highest ethical standards, the athletic program represents the College responsibly and positively on and off campus, revealing a strong relationship between the College and the communities within the Upper Midwest.

The Bismarck State College athletic program envisions achieving the growth and distinctive structure in keeping with the College's goals and strategies in Empowering Generations. Contributing measurably to the College's goal to become known as one of the premier Colleges in the Upper Midwest, the athletic program will fulfill the College's commitment to the success of student-athletes, to the development of a sense of pride for an actively engaged and vibrant campus, and to civic engagement and support for the community and region. The program will renew and strengthen the school spirit and contribute measurably to a positive and active allegiance to the College. In so doing, the program will raise the visibility of the College's commitment to its place, cooperation, fair play, teamwork, healthy and active lifestyles, and the excitement of responsible athletic competitions. With the goal to raise the level of support and develop and maintain state-of-the-art athletic facilities, the athletic program will achieve notable competitive success and raise the visibility of the College as a distinctive athletic program known for its positive relationship with Bismarck, communities within North Dakota, and beyond. The goal is to become known as one of the premier NAIA athletic programs in the Frontier Conference. As a result, we will have numerous teams traveling longer distances for competitive play.

The purpose of the BSC Athletic Department is to support and supplement the mission of the College. This is accomplished in part by the total development of the student athlete—academically, physically, and socially. The department is committed to achieving success on and off the field of play through a proper balance of academics and athletics. An effective athletic program produces student athletes who succeed in their academic work as well as their chosen sport and who, following graduation, are a tribute to themselves, the College, and their communities.

Institutional control of athletics shall be exhibited at all times, with strict adherence to all NAIA, conference and institutional rules and regulations. It is imperative that we demonstrate integrity in all areas of operation. This includes an emphasis on sportsmanship and the values of respect, responsibility, honesty, and fair play.

Bismarck State College and the athletic department are committed to the principles of diversity and equity. The athletic department promotes an atmosphere of respect for and sensitivity to the dignity of every person regardless of gender, race, physical challenges, or sexual orientation. The department is committed to a regular assessment of its compliance with Title IX and to evaluating the strengths and weaknesses of its compliance systems.

A commitment by staff and student athletes to engagement within the campus and community is a special focus. Community partnerships can play an integral role in the total development of all student athletes and staff members. In order to meet its goals, the athletic department must work successfully with a variety of constituents to obtain financial support, market sports programs, promote Mystic Athletics, and build strong relationships in the state and beyond.

Bismarck State College is seeking an athletic charter bus that provides transportation for BSC Athletics. BSC Athletics sports (included but not limited to), baseball, men’s and women’s basketball, men’s and women’s wrestling, men’s and women’s cross country, softball, men’s and women’s indoor and outdoor track and field, and women’s volleyball.

2.2 BUDGET

BSC has a budget for this contract of approximately $550,000 and will be a cash offer.

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

Bismarck State College hereafter referred to as “BSC” or “the College” is soliciting proposals to purchase 2010 – 2026 designated preowned or new charter bus with no more than 160,000 miles.

3.2 APPLICABLE DIRECTIVES

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

3.3 REQUIREMENTS The following information includes the preferred specifications A. General (20)

1. Brand MCI or PREVOST preferred

2. Year 2010 to 2026

3. Milage under 160,000

4. Price under $550,000 with a cash offer

5. Delivery, price, timeline, and other details listed separately B. Interior Features (10)

1. 50 plus passenger seats

2. Electronic Logging Device Ready

3. Enclosed Parcel Racks

4. Footrests

5. Lavatory (with sink)

6. LED Reading lights under parcel racks

7. Outlets: (120v & USB & dual 1,800-watt inverters)

8. Passenger Seatbelts

9. Bluetooth option

10. Climate Control

11. PA System C. Exterior Features (10)

1. Aluminum Polished Wheels

2. New tires or list ages of tires

3. Auxiliary lavatory dual tank

4. Back-up camara with color monitor

5. Fog lights

6. LED Exterior light package

7. Xenon or type of headlights

8. Hitch D. Engine and Mechanical (10)

1. Powertrain: Volvo/Allison with warranty for 5 years

2. Diesel and gallons per mile

3. Auxiliary heater and air conditioning

4. Engine brake system

5. Quick front kneeling (low or high buoy)

6. Retractable tag axle

7. Block heater

8. Engine warranty 5 years or 500,000 miles

9. Prime alternator and battery management

10. Cruise Control

11. Electric mirrors

E. RISK MANAGEMENT

The DEALER will take appropriate measures to ensure the safety of its employees, state employees, the public, and property. The DEALER must identify any potential risks, issues and problems associated with the project and identify ways to mitigate those potential risks.

CONTRACT TERM, SCHEDULE AND DELIVERABLES

1. Contract Term

Please provide a cost proposal for a cash offer.

2. Schedule and Deliverables BSC has identified the following deliverables which are significant for the charter bus. BSC requires these deliverables to be addressed in the Contract Schedule, as a minimum. The DEALER shall develop a schedule for accomplishing the Scope of Work, including these specific deliverables. The final schedule shall be agreed upon between BSC and the successful Offeror and incorporated into the purchase agreement. The approximate schedule for this contract is as follows:

a. Contract start: Approximately October 1, 2025

b. Contract closure: March 1, 2026

3.4 EXPERIENCE AND QUALIFICATIONS

A. Minimum Qualifications

No specific minimum qualifications have been set for this RFP.

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 and rejected.

B. Experience

The Offeror must meet the following experience requirements to be considered for the contract award. A proposal from the Offeror that does not meet minimum experience requirements will be rejected. The Offeror must provide sufficient information regarding each of the items below so the College can thoroughly evaluate your firm’s qualifications and proposal for our search process. You may include support literature and attachments to the summaries requested below:

a. Describe the vendor’s expertise and experience with the sale of charter buses.

b. Include details of the vendor’s background and its size and resources as well as details of experience relevant to the proposed purchase.

Please include how long your firm has been in business and include any mergers or acquisitions.

c. The College requires assurance that the offered products function properly. Vendors shall provide a listing of at least three (3) references from current or former clients at institutions similar to BSC. Please include name, title and telephone number of a contact person at each company.

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

BSC 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 BSC 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. BSC 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 sub DEALERs 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 sub DEALERs 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 BSC, 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.

SECTION 2 – RFP AMENDMENTS

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

SECTION 3 –SCOPE OF WORK STRATEGY

3.01 Scope of Work

In support of the BSC mission and to maintain the highest quality services for its athletes, the college seeks a qualified business to provide a charter bus.

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. Scope of Work Requirements. The Offeror must provide details regarding the specification listed in 3.3 Requirements. It must specify any alternative options.

3. Value-Added Options. Offerors may include any optional services or goods that are not required by BSC but are within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered.

4. Delivery. The proposal must specify the delivery price, timeline and other details.

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.

6. Project Management Plan. The proposal must describe how the DEALER intends to meet the deliverables of the purchase.

7. Proposed Schedule and Deliverables. The proposal must provide a timeline for accomplishing the purchase, in consideration of BSC’s Contract Schedule within the RFP Scope of Work.

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFP Section 3, Scope of Work, Experience and Qualifications.

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. Offerors may provide letters of reference from customers.

References Provide three (3) reference letters from clients for whom similar work was completed. The reference letter must include the name of a contact person, address, email, and telephone number. BSC may contact references provided for verification and to obtain additional information. Evaluation may be impacted if BSC is unable to contact the reference or the reference does not provide the requested information in a timely fashion.

SECTION 5 – CONTRACT PROVISIONS

Offeror shall review the RFP Section 6 and BSC’s contract – Attachment C.

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

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

An Offeror may state any objections or propose changes or additions to BSC’s contract. Describe the changes to the contract being proposed or provide a red line of BSC’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 BSC.

SECTION 6 – OPEN RECORDS AND CONFIDENTIALITY

All proposals and other material submitted become the property of BSC and may be returned only at BSC’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.

· Make a written request to hold confidential any trade secrets and other proprietary data contained in its 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 BSC 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

Cost Proposal Format. Cost proposals must be prepared as a separate document from the technical proposal, clearly labeled, “Cost Proposal”.

Offeror must complete the Cost Proposal Format - Attachment B or prepare a Cost Proposal following the same format.

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. BSC 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

BSC 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. BSC reserves the right to waive minor informalities in accordance with N.D.A.C. chapter 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors. Responsive proposals will be evaluated by the Procurement Officer or evaluation committee using the evaluation criteria stated within the RFP.

5.3 RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION

BSC reserves the right to contact references, other customers, including state and local government agencies, regarding past experience with the Offeror. Prior experience of the state agency or institution with any prospective Offeror may also be taken into consideration during evaluation.

BSC may, at any time, make a supplementary investigation as to the responsibility of any Offeror in accordance with N.D.A.C. § 4-12-11-04. This investigation may include, but is not limited to, financial responsibility, capacity to produce, sources of supply, performance record, or other matters related to the Offeror’s probable ability to deliver if a contract is awarded to the Offeror. If it is determined that an Offeror appears not to be sufficiently responsible, the proposal will be rejected.

5.4 EVALUATION CRITERIA

Proposals will be evaluated using a 100-point scale. The evaluation committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment A. The Technical Proposal evaluation score and Cost Proposal evaluation score will be added together to determine the total evaluation score. After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued. The final evaluation score will consider information received by BSC, including but not limited to, discussions with Offerors, demonstrations, presentations, site visits, reference checks, and best and final offers.

The evaluation criteria and relative weight is as follows:

Technical Proposal Evaluation: 60 Points A. Quality of Product & Availability – 50 Points

a. Ability to provide high quality products as listed in the scope of work.

b. Commitment to meet specific branding (color)

c. The use of specific equipment/accessories if sufficient items aren’t available.

B. Value Added Options – 5 Points

C. Expertise, Qualifications, References – 5 Points

a. Ability to meet deliverables listed in the RFP.

b. Timely and professional customer service Cost Proposal Evaluation: 40 Points A. Financial Considerations – 40 Points

Minimum Technical Score: Technical proposals must receive at least 50 percent of the total points available for the Technical Score to be considered responsive to the RFP requirements.

5.5 COST PROPOSAL EVALUATION

BSC will calculate evaluation points awarded to Cost Proposals. Any prompt payment discount terms proposed by the Offeror will not be considered in evaluating cost.

The reciprocal preference law, N.D.C.C. § 44-08-01, was repealed effective August 1, 2023.

The cost amount used for evaluation may be affected by the application of other costs required to implement the proposed solution to determine the total cost of the solution (i.e. cost for ITD to host a BSC hosted solution).

The lowest Cost Proposal will receive the maximum number of points allocated to cost. Cost proposals will be evaluated using the following formula.

Price of Lowest Cost Proposal Price of Proposal Being Rated X Total Points for Cost Available = Awarded Points

5.6 CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

To determine if a proposal is reasonably susceptible for award, communications by the Procurement Officer or evaluation committee are permitted with an Offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP or proposal indicated by BSC. Discussions are generally conducted by telephone or internet-based conference.

In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing Offerors. Clarifications may not result in material or substantive change to the proposals. Evaluation scores may be adjusted based in consideration of information obtained through discussions.

5.7 RIGHT OF REJECTION

BSC reserves the right to reject any proposals, in whole or in part. Proposals received from suspended or debarred bidders will be rejected. Proposals determined to be nonresponsive to the requirements of the RFP will be rejected. BSC reserves the right to reject the proposal of an Offeror determined to be not responsible. BSC reserves the right to refrain from making an award if determined to be in its best interest.

5.8 PRESENTATIONS, DEMONSTRATIONS, AND SITE VISITS

After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. These Offerors will be required to provide a presentation for the evaluation committee. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued.

Location: The Armory at Bismarck State College located at 1601 Edwards Ave, Bismarck, ND 58501. Room: Hall of Fame Room

Schedule: TBD

On-Site Visit.

An on-site visit may be conducted.

5.9 BEST AND FINAL OFFERS

BSC is not obligated to request best and final offers; therefore, Offerors should submit their best terms (technical and cost) in response to this RFP.

If BSC determines there is a need for additional information, substantial clarification or changes to the RFP or proposals, BSC may request for best and final offers from Offerors that have submitted proposals determined to be reasonably susceptible for award. The best and final offer request will describe the additional information, clarification, or change being requested.

A date and time will be established for receipt of revised proposals. If an Offeror does not submit a best and final offer, BSC shall consider its original proposal its best and final offer. Best and final offers will be evaluated using the evaluation criteria stated in the RFP. BSC may request more than one best and final offer.

5.10 TIE PROPOSALS

In the event that two or more proposals contain identical pricing or receive identical evaluation scores, N.D.C.C. § 54-44.4-05.1 requires preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or DEALER as defined in N.D.C.C. § 44-08-02. In the event the tie is not resolved by application of this law, N.D.A.C. § 4-12-11-05 will be applied.

5.11 NEGOTIATIONS

Contract negotiations will be conducted in accordance with N.D.A.C. § 4-12-12. BSC may enter negotiations with one or more Offeror whose proposals received the highest scores and are reasonably susceptible for award. During negotiations, BSC and Offeror may agree to alter or otherwise change the terms and conditions and price of the proposed contract. Negotiation, if held, will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of proposals.

Each Offeror will be responsible for all costs it incurs as a result of negotiations, including any travel and per diem expenses. Contract negotiations will be conducted primarily by email, conference calls, or internet-based conference. Any on-site negotiation, if needed, will be held in Insert City, North Dakota.

BSC may terminate negotiations, reject a proposal as nonresponsive, and continue or commence negotiations with other Offerors reasonably susceptible for award, if the Offeror:

· Fails to provide necessary information for negotiations in a timely manner

· Fails to negotiate in good faith

· Is unable to successfully negotiate contract terms that are acceptable to BSC

· Indicates that it cannot perform the contract within the budgeted funds In accordance with N.D.C.C. § 54-44.4-13.1, BSC and DEALER may negotiate payment terms for all commodities and services procured. If a date for payment is not specified in this contract, payment must be made pursuant to section N.D.A.C § 13-01.1-01.

5.12 NOTICE OF INTENT TO AWARD

After proposals have been evaluated and the successful Offeror selected, a notice of intent to award will be promptly issued to all Offerors that submitted proposals. Upon issuance of this notice, the procurement file becomes an open record. The successful Offeror named in the notice of intent to Award is advised not to begin work, purchase materials, or enter into subcontracts until the successful Offeror and BSC sign the contract.

5.13 CONTRACT APPROVAL

This RFP does not, by itself, obligate BSC. BSC 's obligation shall commence when BSC signs the contract. Upon written notice to the DEALER, BSC may set a different starting date for the contract. BSC shall not be responsible for any work done by the DEALER, even work done in good faith, if it occurs prior to the contract start date set BSC.

5.14 EVALUATION DEBRIEFING

After the notice of intent to award is issued, Offerors may contact the Procurement Officer to schedule an evaluation debrief. The debrief will provide information about the evaluation process and proposal scores.

SECTION SIX – CONTRACT INFORMATION

6.1 NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND

As a public institution and government entity of the State of North Dakota (BSC), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent BSC from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable.

While these Requirements occasionally make the process of negotiating a contract with BSC more challenging than negotiating with a private industry business, these are not unique to any one agency of the State of North Dakota. These Requirements apply to all public institutions and government entities of the State of North Dakota. Although some are unique to North Dakota, the majority of these Requirements are common to public institutions and government entities throughout the United States.

6.2 STATE CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGES

BSC intends to execute a contract substantially similar to the contract – Attachment C. The Offeror will be required to sign the contract attached to this RFP and must comply with the terms and conditions. BSC may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

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 BSC.

Pursuant to N.D.A.C. § 4-12-11-06, proposals subject to conditions imposed by the Offeror may be rejected as nonresponsive, as determined by BSC. Proposed terms and conditions that conflict with those contained in the attached contract or that diminish BSC rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the proposal and a term or condition in the attached contract.

Part or all of this RFP and Offeror’s proposal may be incorporated into the attached contract. BSC may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

6.3 CONTRACT PROVISIONS

A. Contract Type.

The contract type will be as follows:

Payment Procedures

· Compensation and payment terms will be set forth in the contract based upon the successful Offeror’s proposal.

B. Inspection & Modification The DEALER is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by BSC. BSC may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

Should BSC determine that corrections or modifications are necessary to accomplish its intent, BSC may direct the DEALER to make changes. The DEALER will not unreasonably withhold changes.

Substantial failure of the…