DSU Dining RFP Food Services Operations FINAL 11226.docx

REQUEST FOR PROPOSAL (RFP)

RFP Title: Food Service Operations RFP Number: SRC000468 Issued: November 2nd, 2026

ATTACHMENTS:

· 1 – Contract

· 2 – Cost Proposal

· 3 – Coffee Shop Plan

TABLE OF CONTENTS

SECTION ONE – INSTRUCTIONS

SECTION TWO – BACKGROUND

SECTION THREE - SCOPE OF WORK

SECTION FOUR – VENDOR REQUIREMENTS

SECTION FIVE – PROPOSAL INSTRUCTIONS

SECTION SIX – EVALUATION AND AWARD

SECTION SEVEN – CONTRACT INFORMATION

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

The purpose of this RFP is for Dickinson State University (DSU) to select a qualified, financially sound Dining Services Management Company (“Contractor”) to provide varied, imaginative and high-quality meals throughout the year via its residential dining and catering services options.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer.

PROCUREMENT OFFICER: Ms. Stacey Winter EMAIL: Stacey.winter@NDSU.edu

PHONE: 701-231-8954

TTY Users call: 7-1-1

A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. (N.D.A.C. § 4-12-05-04(7))

1.3 DEFINITIONS

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

RFP

Request for Proposal

1.4 RFP SCHEDULE

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

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

1.6 SECRETARY OF STATE REGISTRATION REQUIREMENTS

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

· See the OMB Guidelines to Vendor Registry for more information.

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

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

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

· If you need to register, fees apply.

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

1.7 BIDDERS LIST REGISTRATION

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.

1.8 NDBuys STATE PROCUREMENT WEBSITE

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

https://public.ndbuys.nd.gov/ Notices related to this RFP 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 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 bidders list and would like to receive notices related to this RFP 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.

1.9 AMENDMENTS TO THE RFP

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

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

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all attachments. Offerors may ask questions to obtain clarification, request additional information, or object to material in the RFP. Questions and objections must be submitted to the procurement officer in writing by the deadline identified in the RFP schedule:

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

2) Bidders 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.

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

1.11 OFFER HELD FIRM

Offerors must hold proposals firm for at least 90 days from the deadline for receipt of proposals (Solicitation Closing). DSU may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.12 OFFEROR RESPONSIBLE FOR COSTS

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

1.13 TAXES

DSU 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. DSU sales tax exemption number is E-5413, and certificates will be furnished upon request by DSU. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

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

1.14 SOLICITATION CLOSING – LATE PROPOSALS REJECTED

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

1.15 PROPOSAL OPENING

A public opening will not be held.

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

1.16 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 DSU may permit withdrawal.

1.17 NEWS RELEASES

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

1.18 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 SBHE Policy 308.4.

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

1.19 ATTEMPT TO INFLUENCE PROHIBITED

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

1.20 COLLUSION PROHIBITED

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

1.21 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 by submitting a written statement explaining the basis for the appeal within seven (7) days to the Procurement Officer at NDSU.

1.22 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 DSU, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

1.23 SUPPLIER REGISTRATION (PAYEE)

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

SECTION TWO – BACKGROUND

2.1 Background Information

Dickinson State University (DSU) is located in Dickinson, North Dakota, in the southwestern part of the state, approximately 90 miles west of Bismarck, North Dakota. The University has an enrollment of 1,300. Approximately 400 students reside across the University’s four residence halls and are part of the food program. The campus dining experience is a key component of the University’s residential life activities.

The DSU Dining Center is the primary location for campus food services. The Dining Center is housed in the lower level of the Student Center (The Perch), which was remodeled in 2018. The dining hall is located at 291 Campus Drive, Dickinson, ND 58601.

The Perch Dining Hall Current food services

· Entrée Station

· Salad Bar

· Deli and Soup Station

· Pizza

· Pasta and Stir Fry – made to order

· Allergen Free Station

· Vegan/Specialty Foods

· YU Cook Stations

Future food services with Food Services Operator

· U Cook Stations

· 6 new serving wells

Current Hours of Operation

Monday - Friday Breakfast: 07:00 AM - 10:00 AM Continental: 10:00 AM - 11:00 AM Lunch: 11:00 AM - 02:00 PM Dinner: 04:30 PM - 08:00 PM Saturday - Sunday Brunch: 10:00 AM - 02:00 PM Dinner: 05:00 PM - 07:30 PM

We are proud to offer a dining program complete with signature brands and menu selections that include just about every item you can imagine. The Perch is open to DSU students, faculty, and the greater Dickinson community. We accept debit/credit cards and dining dollars.

Total gross revenue for dining services over the last four fiscal years was as follows:

Current Meal Plans Resident Dining Basic Block Plan 190

· 190 Block Plan with $200 Flex

· Unlimited Starbucks & Liquid Planet brewed coffee while at The Perch

· Free cake during birthday month

· Rewards and incentives for comment card participation Price: $2,696.44/semester or $5,392.88 for the year Silver Block Plan 160

· 160 Meal Block with $350.00 Flex

· Unlimited Starbucks & Liquid Planet brewed coffee while at The Perch

· Free cake during birthday month

· Rewards and incentives for comment card participation

Price: $2,842.45/semester or $5,684.90 for the year Unlimited Gold 7-Day All Access Plan PLUS:

· 10 Guest Passes

· $100 Flex Dollars

· Unlimited Starbucks & Liquid Planet brewed coffee while at The Perch

· Free cake during birthday month

· Rewards and incentives for comment card participation Price: $3,176.92/semester or $6,353.84 for the year

Voluntary

Voluntary Meal Plan Options (2025-2026 Academic Year) Block 80 $671.00 per semester ($8.39 per meal) => Block 80 Block 50 $451.48 per semester ($9.03 per meal) => Block 50 Block 25 $232.99 per semester ($9.32 per meal) => Block 25 Block 10 $96.30 per semester ($9.63 per meal) => Block 10

Door Prices

Breakfast | $7.68 Lunch | $10.19 Dinner | $12.26

SECTION THREE – SCOPE OF WORK

3.1 Exclusive Rights and Exceptions

The DSU Dining Center is the primary location for campus food services. The Dining Center is housed in the lower level of the Student Center (The Perch), which was remodeled in 2018. The dining hall is located at 291 Campus Drive, Dickinson, ND 58601.

The Contractor will be granted rights to operate daily and catered food services in assigned facilities. DSU reserves the following rights and establishes the following expectations for the awarded Contractor.

This section outlines the required scope of work for the selected vendor. Please respond to each section with “Agree,” “Disagree,” and any comments regarding the expectation. The more detail, the better.

3.2 DSU Campus Dining Goals

a. Dickinson State University is seeking an operator who will become a partner in attaining the following goals.

· Provide quality food and service to students, faculty, staff, alumni and visitors to DSU

· Meet the dietary needs of a diverse population

· Maintain a food service operation on a profit-and-loss basis to the contractor that is self-supporting with respect to DSU.

· Provide a positive work experience for all dining services employees

· Assure adequate accountability and financial reporting

· Maintain reasonable, competitive pricing

Response:

b. Dickinson State University is seeking similar required and voluntary meal plans with the possible additional changes:

· DSU is hoping to increase the number of upperclassmen choosing to live in the Residence Halls. To meet this goal, add a reduced priced required meal plan option for 3rd and 4th year students opting to live in the residence halls. Such pricing would be similar to the Voluntary Block Plan cost.

· Provide free meal cards to residence assistants.

· Provide reduced rates for graduate assistants.

3.3 Catering – Catering for on-campus college events is coordinated and provided by the dining services operation in the Student Center. The on-campus catering at DSU will be exclusive to the selected operator

3.4 Beverages – DSU currently serves fountain beverages from Pepsi Cola and Coke Cola

3.5 Food Distribution – Who is your primary food distributor? List your sources of food distribution. Do you primarily use one distributor? Do you source local foods?

3.6 Coffee Shop: DSU has future plans to add a coffee shop. It will be a build- out in part of the current dining area. See attached basic layout attached. This would become part of the overall Dining services offered by the winning vendor. The plan would be for a First class build out for typical coffee shop i.e. Starbucks, complete with all coffee, soda & energy drinks. Lounge furniture, couches, tables & chairs.

Also, we will be using CAPEX money for offering coffee in the lobby of the student center.

3.7 Fueling Station in the Weight Room – Assistance with making a fueling station available in the weight room.

3.8 Management and Personnel

a. The Contractor will maintain adequate staff on duty at DSU at all times to ensure a quality dining operation. The Contractor will provide expert, experienced, and qualified personnel for administration and supervision, menu planning and dietetics, production, purchasing, service, sanitation, marketing, and equipment consulting at both the campus and corporate levels.

Response:

b. The contractor will continually provide satisfactory training and development programs for its employees at all levels of the food service operation. Regularly scheduled full-time, part-time and student employee training meetings will be conducted by the contractor.

Response:

c. The contractor will maintain the current staff at their current rate of compensation and honor their years of service with the current contractor.

d. The Contractor will have the capability of and be financially responsible for complying with all applicable federal, state, and local laws and regulations regarding the employment, compensation, and payment of personnel. This includes, without limitation, unemployment insurance, workers’ compensation, other taxes, health examinations, permits, and licenses. The Contractor will act as an independent contractor and not an agent of DSU in all aspects of its management and operational duties and responsibilities in delivering DSU’s food services.

e. The Contractor is responsible for the on-campus behavior of all its employees. Contractor's employees will abide by all rules and regulations which govern DSU's employees. Infraction of those rules and regulations may result in DSU requesting that the individual no longer be employed at the Contractor's DSU facility.

f. The Contractor will compensate student employees in a manner that meets or exceeds DSU's regulations for student workers. Those regulations are presented in the attachments. The Contractor is encouraged to utilize both foreign students and work-study students in its operations.

g. As a cost of doing business, Contractor must provide criminal background checks of all employees and full background checks on management staff.

3.9 Equipment - Inventory, Procurement and Repairs

a. DSU currently owns all of the equipment. The Contractor will do ongoing cleaning and will use the equipment in accordance with generally accepted industry use. DSU will pay for maintenance, dishwasher lease, and replacement of equipment unless any damages to equipment are the direct result of misuse by the Contractor or its employees.

b. DSU will provide an initial inventory of expendable and non-expendable supplies and equipment (e.g., China, glassware, flatware, trays, and kitchen utensils). The Contractor, through the life of and termination of this agreement, shall maintain such minimum or par stock levels at its cost.

c. Prior to the start of the agreement, DSU and the Contractor will jointly inspect the inventory of such equipment. The resultant inventory shall serve as the level referenced in the preceding inventory requirement.

d. DSU will provide office space at the current location (Student Center). The Contractor will be responsible for maintenance of such space in good condition and repair. The Contractor at its own expense will provide any additional office furniture not included in the current offices.

e. On termination or expiration of the agreement, DSU will conduct a physical inventory of all non-expendable supplies and capital equipment. At that time, the Contractor will surrender the facilities and non-expendable supplies and equipment to DSU in as good condition as at the start of the agreement, excepting ordinary wear and tear and loss or damage by fire, flood, and other perils covered by extended coverage insurance. The inventory must be equal to the original inventory plus any additional (not replacement) equipment provided during the term of the agreement.

f. If a new contractor is selected, the undepreciated value of additional equipment (purchased by the Contractor and listed and agreed to by DSU) at the time of a transition would be purchased by either the new Contractor or DSU as agreed to in the contract. Depreciation will be calculated using the straight-line method over seven years.

g. The Contractor, at its cost, will provide cash registers and any office machines necessary for management of the dining service operation, including computers and software.

h. The Contractor will be responsible for proper use and care for the equipment and facilities it is assigned and/or uses in the performance of its daily duties as specified by the equipment manufacturers. The Contractor will be responsible for performing first level (operator) preventive maintenance on all equipment, fixtures, furnishings, and building components.

i. The Contractor will provide, at its own cost, any other equipment not provided by DSU that the Contractor deems necessary to implement its unique concepts. Except for trade dressing and other proprietary elements, equipment shall be straight-line depreciated over seven years and shall become the property of DSU at the end of the depreciation period. Should the contract be terminated prior to the end of the depreciation schedule, a succeeding Contractor or DSU, will purchase the undepreciated value of that equipment, excluding any trade dressings or other proprietary elements belonging to the Contractor. The installation of permanent Contractor or vendor-owned equipment will require the prior written approval of DSU. Where permanent hook-ups involve invasion of DSU electrical, gas, HVAC, exhaust, waste or water systems, work will be done by DSU personnel through the Campus Physical Plant Department.

j. The Contractor will be required to utilize the DSU maintenance staff on a fee-for-service basis unless DSU waives that requirement in writing due to the need for specialized skill and/or time of response. DSU will be responsible for repair and maintenance of all DSU-owned equipment. The cost of these repairs will be paid by DSU, except where it has been determined by DSU that damages are due to its contractor’s negligence.

SECTION FOUR – VENDOR REQUIREMENTS

4.1 Food and Other Supplies

a. The Contractor will be responsible for all costs (as a part of doing business) for required food, paper, office, janitorial, and chemical supplies for the operation of the dining facilities.

b. The Contractor will be responsible for providing (at its expense) and maintaining an inventory of paper service adequate to meet emergency needs should the dishwashing facilities become inoperative and paper or other disposable service is required.

c. On expiration or termination of the Agreement, inventories of food and expendable supplies of the Contractor will remain those of the Contractor. Final payment to be made to the Contractor by DSU (transfer of funds from the fee/board account), if any, will be withheld until all transactions or arrangements for the inventory removal or transfer to succeeding Contractor have been completed to the satisfaction of DSU.

4.2 Utilities and Services

a. The Contractor will be responsible for any systems compromised by food service operations, i.e., plumbing and minor maintenance repairs, will be paid for by Contractor.

b. DSU does not guarantee an uninterrupted supply of water, steam, electricity, gas, heat, or air conditioning. However, DSU will make reasonable efforts to effect restorations of the service following an interruption.

4.3 Sanitation and Safety

a. The Contractor will provide daily housekeeping and all major cleaning/janitorial functions along with requisite sanitation services including supplying necessary commercial equipment and supplies for dedicated food service areas. In addition, the Contractor will maintain the dining room throughout the service hours to include wiping down tables, cleaning spills, emptying trash, and keeping the dining rooms neat.

b. The Contractor will be responsible for proper degreasing and grease removal.

c. The Contractor will be responsible for routine cleaning of the hood exterior and interior surfaces and filters. DSU will retain responsibility for all maintenance functions for the hood and fire extinguisher system.

d. DSU will furnish and maintain fire extinguisher equipment and supplies. The Contractor will notify DSU immediately after any fire extinguisher use or discharge.

e. DSU will provide trash and garbage dispensers. The Contractor will cooperate with DSU in minimizing disposal costs.

4.4 Customer Monitoring

The Contractor will cooperate with DSU in monitoring customer satisfaction for value received through an objective evaluation system involving customer representation from a cross section of the DSU community, including guests. All satisfaction survey instruments used must be approved by DSU prior to distribution.

4.5 Menu

Menu selections shall be planned to enable DSU's community clientele to meet appropriate recommended dietary allowances set by the Food and Nutrition Board of the National Research Council. In addition to popularity and cost factors, menus shall be planned to be appealing to sight, taste and smell and shall take into consideration contrasts in color, shape, texture, flavor of foods, and provide for allergen-free selections.

4.6 Purchasing Standards

Food purchased by the Contractor for use at DSU shall meet or exceed the DSU’s purchasing specifications

4.7 Preparation Standards

The general policy shall be to limit the number of fully pre-prepared food items and to do on the premises preparation of food items and batch cooking as close to time of service as possible.

SECTION FIVE – PROPOSAL INSTRUCTIONS

5.1 PROPOSAL PREPARATION

DSU 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.

5.2 PROPOSAL SUBMISSION INSTRUCTIONS

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

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

Offeror must electronically submit proposals through the State’s procurement information system (NDBuys) by the Solicitation Closing 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 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 DSU 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. DSU takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any antivirus 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 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 the Procurement Officer or the State Procurement Office at ndbuys@nd.gov or 701-328-2740.

5.3 PROPOSAL FORMAT

Prepare the Technical Proposal and Cost Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Part 1 – Cover Letter Part 2 – RFP Amendments Part 3 – Scope of Work Strategy Part 4 – Experience and Qualifications Part 5 – Contract Provisions

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

5.4 TECHNICAL PROPOSAL

PART ONE – 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 DSU, and the proposal will be held firm for the period specified.

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

The requirement that this proposal was prepared independently without collusion.

PART TWO – RFP AMENDMENTS

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

PART THREE–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 DSU’s project schedule.

3. Value-Added Options. Offerors may include any optional services or goods that are not required by DSU 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 DSU’s Location of Work instructions within the RFP Scope of Work. Describe where the work will be performed and any proposed travel.

5. DSU Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for DSU 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, DSU employees, the public, and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated.

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

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

PART FOUR –EXPERIENCE AND QUALIFICATIONS

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

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer. Offerors may provide letters of reference from customers.

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

PART FIVE – CONTRACT PROVISIONS

Offeror shall review RFP Section 7 and DSU’s Contract – Attachment 1.

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

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

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

PART SIX – OPEN RECORDS AND CONFIDENTIALITY

All proposals and other material submitted become the property of DSU and may be returned only at DSU’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 https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings If DSU 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.

SECTION SIX – EVALUATION AND AWARD

6.1 COST PROPOSAL

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

Complete Attachment 2 The 20-point cost points listed in the evaluation criteria will involve commissions, guarantees, meal pricing and contractor investment.

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, recurring costs, and options. DSU 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.

6.2 AWARD

DSU 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.

6.3 RESPONSIVENESS

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

6.4 RESPONSIBILITY

DSU 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.

6.5 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 – 2. 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 Notice of Intent to Award is issued. The final evaluation score will consider information received by DSU, 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:

Total Possible Points: 100

6.6 CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

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

6.7 RIGHT OF REJECTION

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

6.8 BEST AND FINAL OFFERS

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

6.9 TIE PROPOSALS

N.D.C.C. § 54-44.4-05.1N.D.C.C. § 44-08-02N.D.A.C. § 4-12-11-05In 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 that preference 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.

6.10 NEGOTIATIONS

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

DSU 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 DSU

· Indicates that it cannot perform the contract within the budgeted funds

6.11 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 DSU sign the contract.

6.12 CONTRACT APPROVAL

This RFP does not, by itself, obligate DSU. DSU's obligation shall commence when DSU signs the contract. Upon written notice to the contractor, DSU may set a different starting date for the contract. DSU 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 DSU.

SECTION SEVEN – CONTRACT INFORMATION

7.1 NORTH DAKOTA CONTRACTUAL…