Cartwright_AML_Project_RFP_FINAL.pdf

State of North Dakota North Dakota Public Service Commission

Abandoned Mine Lands Division 600 E. Boulevard Ave 13th Floor, Dept. 408 Bismarck, ND 58505

Request for Proposal (RFP)

RFP Title: Cartwright AML Project; 408.26.10.006

RFP Number: SRC000464

Issued: October 8, 2026

Cartwright AML Project; 408.26.10.006

Table of Contents

1. Section One – Instructions

1.1 Purpose of RFP

1.2 Procurement Officer Contact Information

1.3 Definitions

1.4 RFP Schedule

1.5 Assistance to Individuals with a Disability

1.6 Secretary of State Registration Requirements

1.7 Supplier Registration

1.8 NDBuys State Procurement Website

1.9 Amendments to the RFP

1.10 Deadline for Questions and Objections

1.11 Preproposal Conference or Site Inspection

1.12 Offer Held Firm

1.13 Offeror Responsible for Costs

1.14 Taxes

1.15 Proposal Receipt Deadline – Late Proposals Rejected

1.16 Proposal Opening

1.17 Amendment and Withdrawal of Proposals

1.18 News Releases

1.19 Conflict of Interest

1.20 Attempt to Influence Prohibited

1.21 Collusion Prohibited

1.22 Protest and Appeal

1.23 Specifications Prepared by Non-State Personnel

1.24 Supplier/Payee Registration

2. Section Two – Background

2.1 Background Information

2.2 Budget

3. Section Three – Scope of Work

3.1 Scope of Work

3.2 Value Added Options (Optional)

3.3 Requirements

3.4 Experience and Qualifications

4. Section Four – Proposal Instructions

4.1 Proposal Preparation

4.2 Proposal Submission Instructions

Email Submit in Person, by Mail, or Delivery Service Upload Response Through the State Procurement Website (NDBuys):

4.3 Proposal Format

4.4 Technical Proposal

Section 1 – Cover Letter Section 2 – RFP Amendments

Section 3 – Scope of Work Strategy Section 4 – Experience And Qualifications Section 5 – References Section 6 – Contract Provisions Section 7 – Open Records and Confidentiality

4.5 Cost Proposal

4.6 Bonds

5. Section Five – Award and Proposal Evaluation

5.1 Award

5.2 Responsiveness

5.3 Responsibility – Supplementary Investigation

5.4 Evaluation Criteria

5.5 Cost Proposal Evaluation

5.6 Clarifications of Proposals – Discussions

5.7 Right of Rejection

5.8 Presentations, Demonstrations, and Site Visits

5.9 Best and Final Offers

5.10 Tie Proposals

5.11 Negotiations

5.12 Notice of Intent to Award

5.13 Contract Approval

5.14 Evaluation Debriefing

6. Section Six – Contract Information

6.1 North Dakota Contractual Requirements – Background

6.2 State Contract Terms and Conditions – Offeror’s Proposed Changes

6.3 Contract Provisions

6.4 Contractual Terms and Conditions – No Material Changes

6.5 Scope of Work

6.6 Contract Term

6.7 Right to Inspect Place of Business

Attachments Attachment 1 – Project Location Map Attachment 2 – Cost Proposal Attachment 3 – Value Added Options Cost Proposal (Optional) Attachment 4 – Technical Proposal Evaluation Worksheet Attachment 5 – Sample Contract Attachment 6 – Pre-Bid Virtual Tour Appendix A – Davis-Bacon Act Information Appendix B – Davis-Bacon Wage Determinations

1. Section One – Instructions

1.1 Purpose of RFP

The State of North Dakota, acting through the North Dakota Public Service Commission, Abandoned Mine Lands (AML) Division (the STATE) is soliciting proposals for engineering and construction services to permanently close an abandoned underground coal mine entrance (portal) near Cartwright, North Dakota. The construction project performance period is from June 1, 2027, to August 31, 2027.

1.2 Procurement Officer Contact Information

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

Procurement Officer: Brett Job Email: bjob@nd.gov Phone: 701-328-4073 TTY Users call: 7-1-1

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

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

1.3 Definitions

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

Acronym or Term Name or Definitions

Contractor: Entity that has an approved contract with the State of North Dakota

CT: Central Time Zone

OMB: Office of Management and Budget

RFP: Request for Proposal

Solicitation Begin: Date the solicitation was issued in the RFP Schedule

Solicitation End: Deadline for receipt of proposals listed in the RFP Schedule – also known as the Solicitation Closing

SPO: Office of Management and Budget, State Procurement Office

NDBuys: State Procurement Office Online system mailto:bjob@nd.gov https://www.ndlegis.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642

1.4 RFP Schedule

Event Date and Time

Solicitation Begin: October 8, 2026

Deadline for submission of Questions and Objections: November 10, 2026, 5:00 PM, CT

Solicitation Amendment with responses to Questions issued approximately: November 13, 2026, 5:00 PM, CT

Deadline for receipt of proposals (Solicitation End): November 17, 2026, 10:00 AM, CT

Supplier registration is required to submit a response to a solicitation posted in NDBuys (See RFP

Section 1.7 – Supplier Registration).

Proposal evaluation completed by approximately: November 23, 2026

Contract Negotiations (See Section 5.11): November 23 – 25, 2026

Notice of intent to award issued approximately: November 28, 2026

Secretary of State Registration, if determined to be required: Prior to Contract Signing

Contract start approximately: December 1, 2026

1.5 Assistance to Individuals with a Disability

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

1.6 Secretary of State Registration Requirements

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

See the OMB Guidelines to Vendor Registry for more information.

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

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

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

If you need to register, fees apply.

Vendors may need to obtain business 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.

https://www.omb.nd.gov/doing-business-state/procurement/vendor-registration-guidelines https://sos.nd.gov/business/vendors.html https://firststop.sos.nd.gov/ 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

1.7 Supplier Registration

Individuals or business entities desiring to be notified of bidding opportunities may complete supplier registration to be notified when solicitations are issued on the State’s procurement website (NDBuys) (N.D.C.C. § 54-44.4-09). Supplier registration does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a supplier.

Individuals or business entities completing supplier registration must provide contact information for receiving solicitation notices, Tax ID, legal structure, address and phone information. Bidders must also select the commodity codes to identify categories of goods, services, and information technology.

Supplier registration is required to submit a response to a solicitation posted in NDBuys.

Visit the OMB website for instructions:

Bidders List Registration Website

For assistance with supplier registration, contact State Procurement Help Desk at 701-328-2740 or ndbuys@nd.gov.

1.8 NDBuys State Procurement Website

This RFP and any related amendment and notices will be posted on the North Dakota NDBuys State Procurement System. Offerors are responsible for checking the NDBuys system to obtain all information and documents related to this RFP.

Notices related to this RFP will be sent to the supplier list for the needed commodity or service and other known potential offerors.

Offerors that are registered for the supplier list and would like to receive notices related to this RFP, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offerors that have not yet registered for the supplier list and would like to receive notices related to this RFP must complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides for how to register.

1.9 Amendments to the RFP

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

Note: If a supplier has already submitted a response to the solicitation before an amendment was posted, the same response or a revised response needs to be submitted again in order to be considered in evaluation for the solicitation.

1.10 Deadline for Questions and Objections

Offerors should carefully review the RFP including all attachments. Offerors may ask questions to obtain clarification, 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:

https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-05.pdf https://www.omb.nd.gov/doing-business-state/bidders mailto:ndbuys@nd.gov https://public.ndbuys.nd.gov/ https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources

1. Offerors may submit questions within NDBuys using the “Discussions Tab” in the system (see the OMB website for a quick reference guide); or

2. Offerors may email the question directly to the Procurement Officer.

The Procurement Officer may elect to respond to questions received after the deadline. If no deadline is specified, questions or objections must be received at least seven days prior to the proposal receipt deadline – Solicitation Closing.

Questions and objections should include a reference to the applicable RFP section or subsection.

Responses to questions and requests for clarifications will be distributed as a solicitation amendment unless the question can be answered by referring the offeror to a specific section of the RFP.

Note: If an amendment (i.e., a new round) is issued for the solicitation in NDBuys and an Offeror has already submitted a response beforehand, Offerors are required to resubmit their response or submit a new response to remain under consideration.

1.11 Preproposal Conference or Site Inspection

The STATE will hold a virtual tour for the RFP. This virtual tour can be found in Attachment 6.

Participation and review is recommended. Questions and answers along with any changes made to the RFP will be disseminated as a solicitation amendment.

1.12 Offer Held Firm

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

1.13 Offeror Responsible for Costs

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

1.14 Taxes

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

The purchasing agency will determine if services provided under this contract are Form 1099 reportable.

The purchasing agency may require the contractor to submit an IRS Form W-9.

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

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

https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources https://www.tax.nd.gov/ https://www.tax.nd.gov/

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

1.15 Proposal Receipt Deadline – Late Proposals Rejected

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

1.16 Proposal Opening

A public opening will not be held.

This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. Per N.D.A.C § 4-12-08-04, the openings may be made public at the discretion of the purchasing agency. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors.

1.17 Amendment and Withdrawal of Proposals

Offeror may amend, supplement, or withdraw their proposal prior to the Solicitation closing deadline.

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

1.18 News Releases

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

1.19 Conflict of Interest

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

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

http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf?20130424100739 https://www.legis.nd.gov/information/acdata/html/4-12.html http://www.legis.nd.gov/information/acdata/pdf/4-12-04.pdf?20140130144222 https://www.ndlegis.gov/cencode/t12-1c13.pdf https://www.legis.nd.gov/cencode/t12-1c13.html https://www.legis.nd.gov/cencode/t12-1c13.html

1.20 Attempt to Influence Prohibited

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

1.21 Collusion Prohibited

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

1.22 Protest and Appeal

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-

01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

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

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

1.23 Specifications Prepared by Non-State Personnel

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

1.24 Supplier/Payee Registration

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

http://www.legis.nd.gov/information/acdata/pdf/4-12-04.pdf?20140130144222 http://www.legis.nd.gov/information/acdata/pdf/4-12-04.pdf?20140130144222 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf?20130417132435 http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf?20130417132435 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf?20130417132435 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 https://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222

2. Section Two – Background

2.1 Background Information

The mission of the Abandoned Mine Lands (AML) Division is to eliminate existing and potential public hazards resulting from abandoned surface and underground coal mines. The AML Program is a service (not regulatory) program aimed at protecting North Dakotans by reclaiming hazardous abandoned mines. Mines eligible for reclamation may be in our abandoned mine inventory or reported to us. The PSC’s selection of reclamation projects is based on prioritization of abandoned mine-related hazards and requires federal approval. Emergency projects are conducted when AML problems are an immediate and serious danger to the public.

The North Dakota Public Service Commission’s AML Division has identified an abandoned coal mine entrance (portal) located near the publicly accessible Fairview Bridge and Cartwright Tunnel Trail near Cartwright, ND. The open mine portal presents a significant safety hazard to nearby residents, hikers, and visitors exploring the bridge and tunnel. The portal remains open and unsecured, allowing unrestricted public access to underground mine workings developed during historical coal mining operations.

Abandoned mine openings pose numerous risks to public health and safety, including unstable ground conditions, falling rock, hidden shafts or voids, and the potential for structural collapse. Because the mine entrance is readily accessible to the public, there is an elevated risk of entry, injury, or fatality. The site may also attract curiosity seekers, trespassers, or recreational users unaware of the dangers associated with abandoned underground mines. The purpose of this project is to permanently close and stabilize the existing mine portal in a manner that protects public safety while complying with all applicable federal, state, and local regulations.

2.2 Budget

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

3. Section Three – Scope of Work

3.1 Scope of Work

The Public Service Commission’s (PSC) AML Division is soliciting proposals for a consultant/contractor to provide all professional engineering services, labor, materials, equipment, supervision, and incidentals necessary to evaluate, design, permit, and permanently close the abandoned coal mine portal located near Cartwright, ND. All work shall be completed in accordance with applicable federal, state, and local laws, regulations, permitting requirements, and accepted engineering and construction practices.

The consultant/contractor shall provide comprehensive project management and coordination services throughout the duration of the project. Services shall include coordination with the Commission, regulatory agencies, utility providers, and other stakeholders as necessary to successfully complete the work. The consultant/contractor shall conduct project meetings, provide periodic progress updates, and follow the project schedule.

The project shall include a site investigation and assessment of the abandoned mine portal and surrounding area. Field investigations shall be performed as necessary to evaluate existing site conditions, including geological, geotechnical, hydrological, and surface stability conditions relevant to the closure design. The consultant/contractor shall document the existing condition and dimensions of the mine portal and identify hazards associated with the abandoned mine workings and publicly accessible areas. Surveying, data collection, and other investigative services necessary to support engineering and construction activities shall also be included.

The consultant/contractor shall provide professional engineering services necessary to develop a permanent mine portal closure solution. Engineering services shall include evaluation of closure alternatives, development of engineering recommendations, preparation of design drawings and technical specifications, and preparation of construction documents necessary for implementation of the work. The closure design shall consider public safety, long-term site stability, drainage, erosion control, constructability, and future maintenance requirements.

The intent of this closure is to permanently seal the mine opening. The proposed mine closure shall be capable of withstanding the pressure of grout being pumped from the above-ground surface into the connected mine voids via 3” I.D. Schedule 40 PVC Pipe. If the mine closure design cannot withstand the pressure of injecting grout into the mine voids, the Offeror shall give a reasonable explanation of why this cannot be achieved.

The consultant/contractor shall also identify and obtain, or assist in obtaining, all permits and regulatory approvals necessary for the project and shall coordinate with applicable agencies regarding compliance requirements. The PSC will obtain federal spending and NEPA-required approvals.

Construction activities shall include mobilization of personnel, materials, and equipment necessary to complete the project. The consultant/contractor shall implement appropriate site safety measures, access restrictions, and traffic control, as necessary, to protect workers and the public during construction. Work shall include all excavation, backfilling, sealing, stabilization, grading, and related construction activities required to permanently close and secure the mine portal in accordance with the approved design. Excess construction materials shall be properly disposed of in accordance with applicable regulations.

All construction activities must conform with the Davis-Bacon Act and all applicable Davis-Bacon wage rates. Davis-Bacon Act information can be found in Appendix A and Appendix B.

Upon completion of the portal closure work, the consultant/contractor shall perform reclamation and site restoration activities necessary to restore the disturbed areas and promote long-term site stability.

Reclamation work may include grading, erosion and sediment control, topsoil replacement, seeding, mulching, revegetation, drainage improvements, and removal of temporary construction materials and debris.

The consultant/contractor shall provide construction observation and documentation services necessary to verify that the work is completed in accordance with the approved plans and specifications.

Documentation shall include records of construction activities, field modifications, photographs, and final site conditions. Upon completion of the project, the consultant/contractor shall provide record drawings or as-built documentation, along with a final project report summarizing the engineering evaluation, design approach, construction activities, and completed improvements.

Upon project completion, the contractor shall be responsible for maintaining and warranting the mine closure work and associated disturbance for a period of two years. During this period, the contractor shall correct and remediate any instances of erosion, settlement, structural defects, or other deficiencies resulting from the work. During this post-construction maintenance period, the contractor remains responsible for conducting regular inspections and executing all necessary repairs at no additional cost.

3.2 Value Added Options (Optional)

The Public Service Commission is seeking a consultant/contractor to perform mine void detection within the project area. The map for the location of this void detection can be found within the Pre-Bid Virtual Tour (Attachment 6). The primary objective of this value-added option is to implement technology which will affordably and accurately delineate upward migrating voids from abandoned underground coal mines. The contractor will be expected to provide a detailed report of the site including the location of identified voids, evaluation of the technology used to delineate the voids, problems which were encountered, and proposed or implemented solutions. The final report shall be submitted to the State at a time agreed to by both parties. The consultant/contractor should be able to answer all technical questions from the State.

3.3 Requirements

A. Deliverables

The contractor will be required to provide the following to achieve the objective of this project:

1. Project schedule

2. Site investigation findings

3. Engineering design documents and specifications

4. Construction documentation

5. Final project report

6. Record drawings/as-built documentation

B. Location of Work/Travel

The work is to be performed, completed, and managed near Cartwright, ND. The STATE shall not provide workspace for the contractor.

C. State-Furnished Property/Services

The STATE will provide the following personnel to support the project: One project manager and one inspector to oversee project progress.

D. Risk Management

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

Indemnification and Insurance Requirements. OFFEROR shall review the attached sample contract (Attachment 5) for indemnification and insurance requirements. The indemnification and insurance provisions are incorporated and made part of this solicitation and the resultant final contract.

Objections to any of the provisions of the indemnification and insurance requirements must be made in writing to the attention of the Procurement Officer by the time and date set for submission of questions for this RFP. No alteration of these provisions will be permitted without prior written approval from the STATE in consultation with the North Dakota Risk Management Division. The successful Offeror shall provide the Procurement Officer with proof of coverage before contract approval. The coverage must be satisfactory to STATE, in consultation with the North Dakota Risk Management Division. OFFEROR’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

E. Project Management Plan

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

1. The contractor will be required to collaborate with the STATE to agree upon the contract schedule, including a work breakdown, schedule of tasks and activities, and progress milestones.

2. The contractor will be required to coordinate with the STATE to develop a communication plan. Any problems or unforeseen events must be communicated timely to the STATE project manager, and any changes must be agreed upon between the parties and set forth in a written amendment to the contract. If the STATE requires corrective action, the contractor will be notified in writing.

3. Contract Closeout Plan When the contract is completed, the STATE and contractor will communicate regarding the contract closeout, including transition of any records. A contract closeout debrief may be performed at the discretion of the Procurement Officer or project manager designated by the STATE. The debriefing time and location will be negotiated between the STATE and contractor. The contractor must collaborate in the development of a Project Closeout Report to include feedback regarding the project implementation and any lessons learned.

F. Contract Term, Schedule, and Deliverables

1. Contract Term

The length of this contract will be from the date of award, approximately December 1, 2026, until December 31, 2029. See the attached sample contract (Attachment 5) for extension provisions.

2. Schedule and Deliverables

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

a. Contract start: Approximately December 1, 2026

b. “Kick off” meeting/conference call: Within two weeks of contract signing

c. Design Begins: January 1, 2027

d. Design Draft Due: February 12, 2027

e. Final Design Due: March 6, 2027

f. Contractor Construction Work Period: June 1, 2027 – August 31, 2027

g. Contract Final Walkthrough: Upon construction project completion

h. Maintenance Period: 2 years after project completion

3.4 Experience and Qualifications

A. Minimum Qualifications

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

B. Experience

The Offeror must meet the following minimum experience requirements to be considered for contract award. Proposals submitted by Offerors that do not meet the minimum experience requirements will be rejected. The Offeror must have a minimum of ten (10) years of experience in slope stability analysis and/or geotechnical engineering projects. The Offeror must have a registered Professional Engineer (P.E.) on staff or demonstrate the ability to have all applicable designs and work reviewed and approved by a registered P.E.

C. Background Check

If STATE, including the state agency entering into this contract on behalf of the STATE, has the necessary authority under N.D.C.C. §12-60-24, STATE may require personnel that contractor assigns to perform work under this contract, including employees, contracted staff, subcontractors, or other individuals, to submit to a criminal history record check. STATE shall have the right to reject any individual the contractor assigns to perform work under this contract if, in STATE’s sole discretion, it determines that the results of the criminal history record check make the individual unacceptable.

Contractor agrees to be responsible for all costs associated with criminal history record checks carried out pursuant to this paragraph.

Forms and information regarding North Dakota Criminal History Record Checks are available on the following website: North Dakota Criminal History Record Checks website https://www.legis.nd.gov/cencode/t12c60.pdf https://attorneygeneral.nd.gov/public-safety/criminal-history-records/requesting-a-criminal-history-record-check/

4. Section Four – Proposal Instructions

4.1 Proposal Preparation

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

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal”.

Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 Proposal Submission Instructions

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

Submit in Person, by Mail, or Delivery Service Proposals cannot be submitted in person, by mail, or delivery service to the Procurement Officer.

Upload Response Through the State Procurement Website (NDBuys):

Offerors must be registered in NDBuys in order to submit a response.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides Website for how to register.

Once registered, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offeror must electronically submit proposals through the State’s procurement information system (NDBuys) by the Solicitation Closing deadline.

NDBuys Website

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

Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at ndbuys@nd.gov or 701-328-2740.

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, https://www.omb.nd.gov/doing-business-state/bidders/bidders-list-registration-and-maintenance https://public.ndbuys.nd.gov/ mailto:ndbuys@nd.gov blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

Visit NDBuys Quick Reference Guides for the NDBuys Quick Reference Guides which describe how to submit an electronic response.

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

The maximum file size allowed is 56MB or 56,120 KB per file.

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

Offeror will be able to confirm that a response has been submitted by reviewing the History tab of the solicitation and confirming that proposal status is submitted. If Offeror DOES NOT see that it has been submitted, the upload was NOT successful. Contact supplier support at +1 (701) 540 9648 or support-northdakota@ivalua.com.

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 - References

Section 6 – Contract Provisions

Section 7 – Open Records and Confidentiality

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

4.4 Technical Proposal

Section 1 – Cover Letter Proposals shall include a cover letter that includes the following:

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

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

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

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

https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources mailto:support-northdakota@ivalua.com mailto:support-northdakota@ivalua.com

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

c. All local, state, and federal laws, rules, regulations, 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 (if applicable) issued by the STATE that were required to be acknowledged by Offerors.

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

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

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

3. Value-Added Options. Offerors may include any optional services or goods that are not required by the STATE but are within the scope of work. Value added options must comply with Section 3.2.

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

5. State Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for STATE resources that will be needed for the project, including number of staff, qualifications, roles and responsibilities, and time requirements for the various phases of the project.

6. 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.

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

8. Proposed Schedule and Deliverables. The proposal must provide a timeline for accomplishing the work, in consideration of the STATE’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.

Experience and Qualifications of the Project Team

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

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

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

3. Offeror must provide a designated executive level contact that will act as a point of contact for any issues that need escalation or to discuss the needs of the STATE. This point of contact will be required to participate in any requested demonstration or presentation requested during the RFP process. They will discuss how the contract will be supported and how the Offeror and STATE will work together to ensure a successful outcome;

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

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

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

Section 5 – References Provide three (3) references for similar projects the Offeror has completed. Offerors must include the name of a contact person, address, email, and telephone number. Offerors are responsible for providing accurate reference contact information and are instructed to notify the reference that the STATE may be contacting them. Reference checks may begin within one (1) business day of the Solicitation Closing deadline. Evaluation may be impacted if the STATE is unable to contact the reference or the reference does not provide the requested information in a timely fashion.

Section 6 – Contract Provisions Offeror shall review the RFP Section 6 and the STATE’s sample contract (Attachment 5).

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

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

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

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

Section 7 – Open Records and Confidentiality All proposals and other material submitted become the property of the STATE and may be returned only at the STATE’s discretion. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws.

Proposals or portions of proposals may be confidential only if specifically stated in law.

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

Offeror must provide one of the following in their proposal:

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

• Make a written request to hold confidential any trade secrets and other proprietary data contained in their proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information at North Dakota Office of the Attorney General website and North Dakota Office of the Attorney General Open Records website

If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.5 Cost Proposal

Cost Proposal Format. Cost proposals must be prepared as a separate document from the technical proposal, clearly labeled, “Cost Proposal”. Offeror must complete Attachment 2 – Cost Proposal.

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 original cost proposal. Offeror may complete Attachment 3 – Value Added Options Cost Proposal (Optional). Value added options must comply with Section 3.2. Provide details related to initial cost, recurring costs, and options. The STATE shall not consider these costs as part of cost evaluation scoring.

http://www.legis.nd.gov/cencode/t54c44-4.pdf?20131002103938 https://attorneygeneral.nd.gov/ https://attorneygeneral.nd.gov/…