DSU AMBULANCE SIMULATOR 2026.docx

INVITATION FOR BID (IFB)

Solicitation Number: SRC000468 Solicitation Name: Dickinson State University Ambulance Simulator Issue Date: 11/11 /2026 Deadline for Questions: 11/19/2026 by 2:00 P.M. CST.

Bid Closing Date: 11/25/2026 by 2:00 P.M. CST.

Project Location: Klinefelter 1st floor – Room was previously an art gallery. 233 Campus Drive, Dickinson, ND 58601

PURPOSE OF IFB

Dickinson State University is soliciting bids for the purchase, delivery, installation, and training of an EMS Ambulance Simulator designed to provide realistic prehospital emergency medical services training. The simulator shall replicate the patient care compartment of an ambulance and support hands-on instruction in patient assessment, airway management, trauma care, medical emergencies, team communication, and patient transport operations. This procurement is intended to obtain the best value solution for EMS education and training and is not intended to favor any specific manufacturer, model, or brand.

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this information for bid. bidders shall direct all communications regarding this information for bid to the procurement officer. Please do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Stacey Winter EMAIL: Stacey.winter@ndsu.edu

PHONE: 701-231-8954

TTY Users call: 7-1-1

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

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB.

If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the bidder to a specific section of the IFB.

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.

A person or firm interested in submitting a response 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).

NDBUYS STATE PROCUREMENT WEBSITE

This IFB 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 IFB:

https://public.ndbuys.nd.gov/

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

Offerors that are registered for the bidders list and would like to receive notices related to this IFB, 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 bidders list and would like to receive notices related to this IFB and must complete the bidders list registration. See NDBuys Quick Reference Guides at https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources for how to register.

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

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

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

· Sign your bid, and initial any changes or corrections

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

· Submit any required samples or documents.

2. Definitions.

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

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

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

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

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

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

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

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

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

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

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

· NDBuys: a procurement information website maintained by the State Procurement Office pursuant to N.D.C.C. § 54-44.4-14.

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

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

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

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

· If you need to register, fees apply.

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

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

Bidders applying for the bidders list must provide contact information for receiving solicitation notices, Tax ID, address and phone information. Bidders must also select the commodity codes to identify categories of goods, services, and information technology.

Visit the OMB website for instructions:

Bidders List Registration Website

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

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

Level 3 OPTION: Level 3 Procurement are formal sealed, so Bid Responses cannot be submitted by email directly to the Procurement Officer.

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

IFB #: SRC000468

IFB Title: Dickinson State University Ambulance Stimulator ATTN: Ms. Stacey Winter NAME OF AGENCY OR INSTITUTION: North Dakota State University

OPTION: Use if using Electronic Submission through NDBuys.

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

Offeror must electronically submit a response through the State’s procurement information system (NDBuys) by the Bid Response deadline.

https://public.ndbuys.nd.gov/ DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that NDSU is not responsible for a Bidder’s failure to timely submit a response 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 Bid Response deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. NDSU 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 https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources for the NDBuys Quick Reference Guides which describe how to submit an electronic response.

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

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.

Bidder will be able to confirm that a response has been submitted by reviewing the History tab of the solicitation and confirming that response status is submitted. If Bidder DOES NOT see that it has been submitted, the upload was NOT successful. Contact the Procurement Officer or the State Procurement Office at ndbuys@nd.gov or 701-328-2740.

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

7. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

8. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid Responses firm for 90 days, unless otherwise specified by the Procurement Officer in writing.

9. Bid Response Opening. A public bid opening will not be held.

10. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received and the award. Bid results summary may be requested from the Procurement Officer.

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

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

13. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

14. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws. Interested parties may contact the Procurement Officer to request information related to this solicitation.

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

16. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the Bid Response deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award. Protests must be made in writing to the Procurement Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. ch. 4-12-14.)

17. Signature. The Bidder’s authorized representative must provide their printed name, title, and sign the Bid Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer. (N.D.A.C. ch. 4-12-10)

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

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

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

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

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

SECTION 2

EVALUATION AND AWARD

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

· All or none.

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

3. Award – Tie Bid Response Preference. If a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. (N.D.C.C. 54-44.4-05.1)

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

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

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

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

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

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

9. Rejection. NDSU reserves the right to reject any and all Bid Responses in whole or in part. The Procurement Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

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

b. the Bid Response is determined to be late;

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

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

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09)

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. Term of the Contract. The term of the contract issued as a result of this solicitation will be as follows: Project to start 06/01/2026 and to be completed by November 1st, 2026

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

b. Renegotiation Option. In view of the fact that it is unknown how long the products and services will be employed by NDSU and that NDSU will require ongoing maintenance and support of the products for as long as the system is operational, therefore after completion of the initial Term of this Contract including any extensions and renewals, NDSU and Contractor may renegotiate this Contract upon mutual agreement of the parties.

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

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

3. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances. (N.D.A.C. Ch. 4-12-13)

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

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

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

Delivery is required by the date indicated in the Specifications of this solicitation.

· F.O.B. Destination to the location in the Specifications of the solicitation. All freight and handling is to be included in the item price. Title will pass to Purchasing Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

7. New Equipment, Used Equipment, Refurbished Equipment and Materials Certification. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials will be new and under current production for use in the United States. All equipment and assemblies of equipment will be in full compliance with all current applicable standards established by federal, state, and local governments. The equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL) or certified by field evaluation and labeled by a NRTL. All costs associated with required listings will be included in the bid price. Each piece of equipment or assembly of equipment offered in the response to this bid will be either listed and labeled or certified and labeled prior to shipment by the successful bidder.

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

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

9. Invoicing.

All invoices and payment inquiries must be directed to the Purchasing Agency.

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

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

· Firm-Fixed. Pricing shall be firm for the period of the contract.

· Pricing, Fuel Surcharges. Fuel surcharges may be negotiated between the CONTRACTOR and Purchasing Agency when fuel prices rise 15% more from the fuel prices in effect on the day the solicitation was opened. Subsequent adjustments may be requested, subject to approval of the Procurement Officer. Requests for fuel surcharges must be submitted in writing to the Procurement Officer. Within 30 days, NDSU will accept and amend the contract, reject, and allow the contract to continue, or cancel the contract. The contract may also be amended, with 30 days’ notice to the CONTRACTOR, to reduce prices in the event declining fuel prices. The Energy Information Agency diesel and gasoline price indexes will be used for this Contract. http://www.eia.doe.gov/oil_gas/petroleum/info_glance/petroleum.html

12. Pricing, Unit of Measure. The unit prices is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail. (N.D.A.C. § 4-12-10-02)

13. Time is of the Essence. Generally, if time is not of the essence, reasonable delay in performance does not constitute a material breach; unreasonable delay constitutes a material breach. If time is not of the essence, DELETE this clause.

CONTRACTOR hereby acknowledges that time is of the essence for performance under this Contract unless otherwise agreed to in writing by the parties.

14. Delivery and Orders. The CONTRACTOR must deliver commodities and services ordered under this contract by the required time. If after receiving the order, the Bidder learns that the delivery requirements cannot be met, the Bidder must immediately notify the Purchasing Agency by telephone, email or mail and indicate the delay and an approximate delivery date. Repeated delivery delays may be considered as failure to deliver.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

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

1. Indemnification and Insurance Requirements.

Indemnification The bidder agrees to defend, indemnify, and hold harmless NDSU and its officers and employees, from and against claims based on the vicarious liability of NDSU, but not against claims based on NDSU’s contributory, comparative, or sole negligence, or intentional misconduct. The legal defense provided by Bidder to NDSU under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for NDSU is necessary. Any attorney appointed to represent NDSU must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required NDSU under section 54-12-08 of the North Dakota Century Code (N.D.C.C.). The bidder also agrees to defend, indemnify, and hold NDSU harmless for all costs, expenses and attorneys' fees incurred if NDSU prevails in an action against Bidder in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

Insurance The Bidder shall secure and keep in office during the term of this Agreement from insurance companies authorized to do business in the North Dakota:

1) commercial general liability;

2) automobile liability;

3) workers compensation insurance (if required by law), all covering the Bidder for any and all claims of any nature including all costs, expenses, and attorneys' fees that may in any way arise out of or the result of this agreement.

The Bidder shall furnish the NDSU contact person with a certificate of insurance as evidence that these policies are in effect.

The minimum limits of liability are: commercial general liability & Automobile liability - $500,000 per person and $2,000,000 per occurrence. Workers Compensation - statutory limits.

These policies may not be canceled or modified without thirty (30) day's prior written notice to NDSU.

Bidder shall furnish a certificate of insurance to the undersigned University representative prior to commencement of the Agreement. All endorsements shall be provided as soon as practicable.

Failure to provide insurance as required in this agreement is a material breach of contract entitling NDSU to terminate this Agreement immediately.

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 receipt of questions. No alteration of these provisions will be permitted without prior written approval from NDSU.

Upon receipt of the Notice of Intent to Award, the successful bidder must obtain the required insurance coverage and provide procurement with proof of coverage prior to Contract approval. The coverage must be satisfactory to NDSU. A bidder’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the Contract.

EMS Ambulance Simulator Minimum Specifications

Dickinson State University is soliciting bids for the purchase, delivery, installation, and training of an EMS Ambulance Simulator designed to provide realistic prehospital emergency medical services training. The simulator shall replicate the patient care compartment of an ambulance and support hands-on instruction in patient assessment, airway management, trauma care, medical emergencies, team communication, and patient transport operations. This procurement is intended to obtain the best value solution for EMS education and training and is not intended to favor any specific manufacturer, model, or brand.

Cost can be provided per line item or as a whole unit.

General Requirements –

· provide a complete simulation training environment designed for EMS education and training program.

· The stimulator shall replicate the patient compartment of a Type I, II or III ambulance and support realistic EMS scenarios.

Interior Patient Care Environment

· Patient treatment area representative of a modern ambulance.

· Squad bench seating with restraint systems.

· Attendant seat with restraint system.

· CPR seat or equivalent provider seating.

· Interior storage cabinets.

· Overhead grab rails.

· IV mounting capability.

· Sharps container location.

· Simulated oxygen delivery system.

· Simulated suction capability.

· Cot mounting system compatible with common ambulance stretchers.

· Interior emergency and task lighting.

Clinical Training Features The simulator shall support:Airway management procedures. Oxygen administration.

· Suction procedures.

· Cardiac arrest and resuscitation scenarios.

· Trauma assessment and treatment.

· Medical emergency scenarios.

· Team-based EMS operations.

· Patient packaging and transport exercises.

Audio/Visual and Observation System The simulator shall include:

· Integrated camera system providing instructor observation.

· Minimum of four HD cameras or equivalent coverage.

· Two-way communication capability between instructor and learners.

· External monitor or ability to display simulation activities to observers.

· Recording or playback capability preferred.

Realism Features The simulator shall include:

· Functional emergency lighting.

· Operational action/control panel or equivalent controls.

· Ambulance-style cabinetry and storage.

· Interior layout representative of a currently deployed EMS transport unit.

· Sound effects capability including emergency vehicle or environmental sounds.

Instructor Control Features The system shall provide:

· Dedicated instructor controls.

· Ability to monitor student performance.

· Ability to communicate with learners during scenarios.

Facility Requirements Vendor shall provide:

· Dimensions and weight.

· Utility requirements.

· Installation requirements.

· Delivery and setup services.

· Staff training following installation

Documentation Vendor shall provide:

· User manuals.

· Maintenance documentation.

· Training materials.

· Warranty documentation.

Misc. Costs

Total

See attached Drawing and measurements

BID RESPONSE FORM

COST

Total

Bidder Prompt Payment Discount, if applicable: (Discounts not considered in evaluating prices.)

Amendments Received: __________, __________, __________, __________, __________.

See Attachment:

*Attachment 2 – Drawing and measurements

*Attachment 1 – NDSU CSA

BIDDER INFORMATION AND SIGNATURE

By submitting a Bid Response, the Bidder agrees to sell, furnish, and deliver to NDSU all commodities and services contained in this Invitation for Bid for which a contract is awarded by NDSU. The Bidder shall fully perform the contract in accordance with all the specifications, requirements, terms, and conditions, and shall comply with all applicable provisions of the North Dakota Century Code, including chapters 54-44.4, 46-02, and 44-08, and North Dakota Administrative Code Chapter 4-12, made part of the Invitation for Bid and resultant contract, purchase order, or order using an NDSU purchasing card by reference.

Company Name:

Contractor Federal Employer Identification Number (FEIN)

Bidder Street Address/ P.O. Box:

City, State ZIP:

Contact Name:

Contact Title:

Telephone Number:

Email:

Authorized Representative Signature:

Email:

Date:

SECTION 6

CONTRACT TERMS AND CONDITIONS

1. Scope of Work. CONTRACTOR, in exchange for the compensation paid by NDSU under this Contract, shall provide the commodities and services described in this solicitation.

2. Compensation.

Contractual Amount NDSU shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed the amount indicated on the Bid Response form (Contractual Amount). The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

Payment In accordance with N.D.C.C. § 54-44.4-13.1, NDSU 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 13-01.1-01.

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.

2) NDSU shall make payment under this Contract within forty-five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by NDSU will not prejudice NDSU’s right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by NDSU, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At NDSU’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.

4) For any amounts that are or will become due and payable to NDSU by CONTRACTOR, NDSU reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.

3. Prepayment. NDSU will not make any advance payments before performance by CONTRACTOR under this Contract.

4. Payment of Taxes by NDSU. NDSU is not responsible for and will not pay local, state, or federal taxes. NDSU will furnish certificates of exemption upon request by the CONTRACTOR.

5. Purchasing Card. NDSU may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to NDSU.

6. Termination.

a. Termination for Convenience or by Mutual Agreement This Contract may be terminated by NDSU upon thirty (30) days’ written notice to CONTRACTOR. This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest NDSU is entering into this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies and Courts. If this Contract ceases to further the public policy of the State of North Dakota, NDSU, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority NDSU by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:

1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.

2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

3) If any license, permit, or certificate required by law or rule, or by the terms of this Contract, is for any reason denied, revoked, suspended, or not renewed.

Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

d. Termination for Cause NDSU may terminate this Contract effective upon delivery of written notice to CONTRACTOR, or any later date stated in the notice:

1) If CONTRACTOR fails to provide services required by this Contract within the time specified or any extension agreed to by NDSU; or

2) If CONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms.

The rights and remedies of NDSU provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

7. Force Majeure. Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God, or war if the event is beyond the party’s reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

8. Works for Hire. CONTRACTOR acknowledges that all work(s) under this Contract is "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to NDSU all rights and interests CONTRACTOR may have in the work(s) it prepares under this Contract, including any right to derivative use of the work(s). All software and related materials developed by CONTRACTOR in performance of this Contract for NDSU shall be the sole property of NDSU, and CONTRACTOR hereby assigns and transfers all its right, title, and interest therein to NDSU.CONTRACTOR shall execute all necessary documents to enable NDSU to protect NDSU’s intellectual property rights under this section.

9. Work Product. All work product, equipment or materials created for NDSU or purchased by NDSU under this Contract belong to NDSU and must be immediately delivered to NDSU at NDSU'S request upon termination of this Contract.

10. Confidentiality. CONTRACTOR shall not use or disclose any information it receives from NDSU under this Contract that NDSU has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Contract or as authorized in advance by NDSU. NDSU shall not disclose any information it receives from CONTRACTOR that CONTRACTOR has previously identified as confidential and that NDSU determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota public records law, N.D.C.C. Ch. 44‑04. The duty of NDSU and CONTRACTOR to maintain confidentiality of information under this section continues beyond the Term of this Contract.

11. Compliance with Public Records Laws. CONTRACTOR Under the North Dakota public records law and subject to the Confidentiality clause of this Contract, certain records may be open to the public upon request. Public records may include: (a) records NDSU receives from CONTRACTOR under this Contract, (b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract. CONTRACTOR agrees to contact NDSU immediately upon receiving a request for information under the public records law and to comply with NDSU’s instructions on how to respond to such request.

12. Independent Entity. CONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. CONTRACTOR retains sole and absolute discretion in the manner and means of carrying out CONTRACTOR’S activities and responsibilities under this Contract, except to the extent specified in this Contract.

13. Assignment and Subcontracts. CONTRACTOR may not assign or otherwise transfer or delegate any right or duty without NDSU’s express written consent, provided, however, that CONTRACTOR may assign its rights and obligations hereunder in the event of a change of control or sale of all or substantially all of its assets related to this Contract, whether by merger, reorganization, operation of law, or otherwise. Should Assignee be a business or entity with whom NDSU is prohibited from conducting business, NDSU shall have the right to terminate without cause. CONTRACTOR may enter into subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. CONTRACTOR is solely responsible for the performance of any subcontractor with whom CONTRACTOR contracts. CONTRACTOR does not have authority to contract for or incur obligations on behalf of NDSU.

14. Spoliation – Preservation of Evidence. CONTRACTOR shall promptly notify NDSU of all potential claims that arise or result from this Contract. CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to NDSU the opportunity to review and inspect such evidence, including the scene of an accident.

15. Merger and Modification, Conflict in Documents. This Contract, including the following documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this contract.

*Attachment 2 – Drawing and measurements

*Attachment 1 – NDSU CSA

This Contract may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Contract, the documents must control in this order of precedence:

a. The terms of this Contract as may be amended;

b. NDSU’s Solicitation Amendments related to this Invitation for Bid;

c. NDSU’s Invitation for Bid;

d. CONTRACTOR’s Bid Response submitted in response to this Invitation for Bid.

e. All automated end-user agreements (e.g., click‑through, shrink-wrap, or browse-wrap) are specifically excluded and null and void. Clicking shall not represent acknowledgement or agreement to any terms or conditions contained in those agreements.

f. Terms and conditions contained within any documents furnished by the Contractor, including packing slips, shall not supersede the terms and conditions of this contract.

16. Severability. If any term of this Contract is declared to be illegal or unenforceable by a court having competent jurisdiction, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the parties are to be construed and enforced as if this Contract did not contain that term.

17. Applicable Law and Venue. This Contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this Contract must be adjudicated exclusively in the state District Court of County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non convenience.

18. Alternative Dispute Resolution – Jury Trial. By entering into this Contract, NDSU does not agree to binding arbitration, mediation, or any other form of mandatory Alternative Dispute Resolution. The parties may enforce the rights and remedies in judicial proceedings. NDSU does not waive any right to a jury trial.

19. Attorney Fees. In the event a lawsuit is instituted by NDSU to obtain performance due under this Contract, and NDSU is the prevailing party, CONTRACTOR shall, except when prohibited by N.D.C.C. § 28‑26‑04, pay NDSU’s reasonable attorney fees and costs in connection with the lawsuit.

20. Nondiscrimination and Compliance with Laws. CONTRACTOR agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. Ch. 34-06.1 Equal Pay for Men and Women.)

CONTRACTOR agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums.

CONTRACTOR shall have and keep current all licenses and permits required by law during the Term of this Contract.

CONTRACTOR is prohibited from boycotting Israel for the duration of this Contract. (See N.D.C.C. § 54-44.4-15.) CONTRACTOR represents that it does not and will not engage in a boycotting Israel during the term of this Contract. If NDSU receives evidence that CONTRACTOR boycotts Israel, NDSU shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if CONTRACTOR has fewer than ten (10) full-time employees.

CONTRACTOR’s failure to comply with this section may be deemed a material breach by CONTRACTOR entitling NDSU to terminate in accordance with the Termination for Cause section of this Contract.

21. State Audit. All records, regardless of physical form, and the accounting practices and procedures of CONTRACTOR relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. CONTRACTOR shall maintain all of these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. NDSU, State Auditor, or Auditor’s designee shall provide reasonable notice to CONTRACTOR prior to conducting examination.

22. Effectiveness of Contract. This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be deemed the Effective Date.

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