State of North Dakota Dakota College at Bottineau 105 Simrall Blvd Bottineau, ND 58318

Request for Proposal (RFP) RFP Title: Sports Medicine Services RFP Number: DCB-27-001 Issued: October 23, 2026

Table of Contents

Attachments Attachment 1 - Technical Proposal Evaluation Worksheet Attachment 2 - Contract Attachment 3 – Athletic Department Handbook 1.

Section One – Instructions Purpose of RFP The State of North Dakota, acting through Dakota College at Bottineau (the STATE) is soliciting proposals for sports medicine services that will meet the needs of the Dakota College at Bottineau 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: Jessica Jastrzebski Email: jessica.jastrzebski@minotstateu.edu Phone: 701-858-4153

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

RFP Schedule

Solicitation Amendment with responses to Questions

Supplier registration is Required to submit a response to a solicitation posted in NDBuys. See RFP Section 1.7 – Supplier Registration

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.

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

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

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

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

If you need to register, fees apply.

Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

Supplier Registration Individuals or business entities desiring to be notified of bidding opportunities may complete supplier registration to be notified when solicitations are issued on the State’s procurement 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 businesses 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.

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 and must complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides for how to register.

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.

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:

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.

Preproposal Conference or Site Inspection The STATE will not hold a preproposal conference or site inspection for this RFP.

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

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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

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

Section Two – Background Background Information The mission of Dakota College at Bottineau (DCB) Athletics is to support intercollegiate athletic activities under the auspices of the NJCAA and ACHA. The college sports sanctioned at Dakota College at Bottineau are men’s and women’s basketball, men’s and women’s hockey, men’s baseball, women’s fast-pitch softball, and women’s volleyball.

Our agency is conducting this solicitation because DCB outsources all of our licensed athletic trainer services.

Section Three – Scope of Work Scope of Work Dakota College at Bottineau in coordination with its Athletic Department is soliciting proposals for contracted on-campus licensed athletic trainer services for all DCB athletic teams.

Applicable Directives This project is subject to the following: Athletic Department policies in the Athletic Department Handbook.

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

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

1. Assign a medical professional, i.e. Certified Athletic Trainer or Licensed Physical Therapist, to the Athletic Department, employed by the Contractor.

2. Medical personnel must always be licensed. All trainers must be BOC certified by date of hire, North Dakota Licensure (or eligible).

3. Work with athletic program as it relates to the prevention, management, rehabilitation, evaluation, and care of injury related situations relating to intercollegiate student-athletes.

4. Maintain communication and documentation with the coaches regarding fitness level, injuries, attendance, or discipline issues.

5. Always maintain confidentiality unless permission of the responsible party.

6. Maintain professional working relationships with all DCB employees and staff. Introduce staff to the Athletic Department administration and coaches.

7. Use and maintain equipment owned by DCB.

8. Provide home game coverage during season and provide time in the treatment room. These coverages apply to the following sports:

a. Volleyball

b. Men’s Basketball

c. Women’s Basketball

d. Men’s Hockey

e. Women’s Hockey

f. Baseball

g. Fast-Pitch Softball

9. Provide 15 hours per week of availability on campus, from August through May. Availability to include game coverage and time in the treatment room.

10. Order inventory following DCB purchasing policies and request work orders with the Athletic Director.

11. Always keep the athletic training room equipment and rooms in presentable manner. The equipment returned to designated locations for storage.

12. Training room must be accessible for all games. Office hours must be published on the door.

13. Prepare yearly budget for supplies and equipment needed for the year when requested by the Athletic Director.

Location of Work/Travel No on-site work is required.

State-Furnished Property/Services The STATE will provide:

1. All necessary supplies to allow the medical provider to provide appropriate care to student athletes.

2. DCB agrees to provide an appropriate athletic training room complete with treatment tables, storage area, computer with internet access, telephone, and a desk. The room will be reserved for the sole purpose of the Contractor’s training staff. DCB agrees the training room will be locked if the Contractor’s staff are not present.

Risk Management The contractor will take appropriate measures to ensure the safety of their 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.

Contract Term, Schedule, and Deliverables

1. Contract Term This contract will be for eighteen (18) months, ending June 30, 2028. STATE reserves the right to execute up to eight (8) options to renew the attached Contract under the same terms and conditions for a period of twelve (12) months each (Renewal Term). See the attached contract.

Experience and Qualifications

1. Minimum Qualifications The Offeror must be BOC certified by date of hire, North Dakota Licensure (or eligible).

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.

2. Experience The Offeror must meet the following experience requirements to be considered for contract award. A proposal from the Offeror that does not meet minimum experience requirements will be rejected. The individuals performing the work must be BOC certified.

3. 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 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

Section Four – Proposal Instructions 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.

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 Offerors must be registered in NDBuys in order for their in person, by mail or delivery service submitted response to be considered in evaluation.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides at See 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.

Offerors may submit proposals in person, by mail, or delivery service. Offerors may email proposals to a third party to place in a sealed envelope and deliver by the Solicitation Closing deadline.

Clearly address all envelopes or packages as follows:

RFP #: DCB-27-001

RFP Title: Sports Medicine Services Attn: Jessica Jastrzebski Minot State University 500 University Ave. West Minot, ND 58707

The STATE assumes no responsibility for delays caused by any delivery service. Postmarking by the Solicitation Closing deadline shall not substitute for actual proposal receipt by the STATE. The STATE’s time of receipt will be used to determine timely receipt.

Copies of Technical and Cost Proposal Offeror shall submit two (2) copies of their Technical Proposal.

Offeror shall submit one (1) copy of the Cost Proposal in a separate, sealed envelope, clearly labeled “Cost Proposal.”

Offeror shall also submit their proposal in an electronic version (examples: pdf format) on a USB flash drive with the Technical Proposal and Cost Proposal saved as separate files.

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 may 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, 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.

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.

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

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

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

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

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

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

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

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

Section 2 – RFP Amendments Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

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

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

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

3. 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 (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered.

4. Location of Work. The proposal must respond to the STATE’s Location of Work instructions within the RFP Scope of Work.

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. 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 and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

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

References Provide three (3) 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. The STATE may contact references provided for verification and to obtain additional information. 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 5 – Contract Provisions Offeror shall review the RFP Section 6 and the STATE’s contract – Attachment 2.

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

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

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

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

Section 6 – Open Records and Confidentiality All proposals and other material submitted become the property of the STATE and may be returned only at the STATE’s discretion. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws. Proposals or portions of proposals may be confidential only if specifically stated in law.

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

Offeror must provide one of the following in their proposal:

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

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

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

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

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

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

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

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

Responsibility – Supplementary Investigation The STATE 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.

The STATE 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.

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 1. 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 the STATE, 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. Scope of Work Strategy – 40 Points B. Experience and Qualifications – 20 Points Cost Proposal Evaluation: 40 Points

Preference Laws: Any applicable preference laws will be applied. For more information, refer to the Guidelines to Preference Laws.

Cost Proposal Evaluation The STATE 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 STATE 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

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 the STATE. 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.

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

Presentations, Demonstrations, and Site Visits The STATE may conduct an on-site visit to the Offeror’s facility or facility of Offeror’s customer where the Offeror is performing similar work to evaluate the Offeror's capacity to perform the contract. An Offeror must agree, at risk of being found nonresponsive and having its proposal rejected, to provide the STATE reasonable access to relevant portions of its work sites. Individuals designated by the STATE shall conduct the site inspection at the STATE’s expense. The STATE will coordinate the date and time of the on-site visit with the Offeror.

Best and Final Offers The STATE 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 the STATE determines there is a need for additional information, substantial clarification or changes to the RFP or proposals, the STATE 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, the STATE 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. The STATE may request more than one best and final offer.

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 contractor 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.

Negotiations Contract negotiations will be conducted in accordance with N.D.A.C. § 4-12-12. The STATE may enter negotiations with one or more Offeror whose proposals received the highest scores and are reasonably susceptible for award. During negotiations, the STATE 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 Bottineau, North Dakota.

The STATE 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 the STATE

· Indicates that it cannot perform the contract within the budgeted funds In accordance with N.D.C.C. § 54-44.4-13.1, the STATE and contractor 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.

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 the STATE sign the contract.

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

Section Six – Contract Information North Dakota Contractual Requirements – Background As a public institution and government entity of the State of North Dakota (the STATE), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent the STATE 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 the STATE 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.

State Contract Terms and Conditions – Offeror’s Proposed Changes The STATE intends to execute a contract substantially…