E-Waste+RFP.docx

STATE OF NORTH DAKOTA

Office of Management and Budget State Procurement Office 4th Floor Capitol Tower 600 East Boulevard Avenue Bismarck, ND 58505-0310

REQUEST FOR PROPOSAL (RFP)

RFP Title: E-waste Disposal and Recycling Services RFP Number: 110.7-25-112 Issued: November 19, 2025

TABLE OF CONTENTS

ATTACHMENTS

Attachment # 1 - Cost Proposal

Attachment # 2 – Technical Proposal Evaluation Worksheet

Attachment # 3 - Contract

SECTION ONE – INSTRUCTIONS

1.0 PURPOSE OF RFP

The State of North Dakota, acting through its Office of Management and Budget, (the STATE) is soliciting proposals for the disposal and recycling of e-waste.

State Surplus Property will coordinate any disposal of state agency property.

1.1 PROCUREMENT OFFICER CONTACT INFORMATION

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

PROCUREMENT OFFICER: Seth Westby EMAIL: swestby@nd.gov

PHONE: 701-328-1953

TTY Users call: 7-1-1

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

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

1.2 DEFINITIONS

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

1.3 RFP SCHEDULE

1.4 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

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

1.5 SECRETARY OF STATE REGISTRATION REQUIREMENTS

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

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

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

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

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

· If you need to register, fees apply.

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

1.6 BIDDERS LIST REGISTRATION

Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List. (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity codes used for this solicitation are: 578-64, 81, 926-42, 45, 76, 77

Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

1.7 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

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

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

1.8 AMENDMENTS TO THE RFP

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

1.9 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule. If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP number and title cited in the email subject line.

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

1.10 OFFER HELD FIRM

Offerors must hold proposals firm for at least 120 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.11 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.

1.12 TAXES

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

The purchasing agency will determine if services provided under this contract are Form 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

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

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

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

1.13 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

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

1.14 PROPOSAL OPENING

This is an informal Request for Proposal (RFP) process that does not require formal sealed proposals or a public opening. A public opening will not be held.

1.15 AMENDMENT AND WITHDRAWAL OF PROPOSALS

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

1.16 NEWS RELEASES

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

1.17 CONFLICT OF INTEREST

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

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

1.18 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.

1.19 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.

1.20 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

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

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

1.21 SPECIFICATIONS PREPARED BY NON-STATE PERSONNEL

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

1.22 SUPPLIER REGISTRATION (PAYEE)

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

SECTION TWO – BACKGROUND

2.1 BACKGROUND INFORMATION

The State of North Dakota purchases a substantial amount of electronic equipment and components through its state agencies and institutions, institutions of higher education, political subdivisions, and schools. Eventually, this electronic equipment reaches the end of its life cycle.

All state agencies and institutions are required by law to report surplus property to the Office of Management and Budget (OMB) State Surplus Property. State Surplus Property then transfers property to eligible entities or sells it to the public.

Under state law, State Surplus Property has authority to accept property from state agencies, political subdivisions, public schools, and federal entities.

State Surplus Property attempts to transfer or sell property. Some property is determined to be not salable. This solicitation is intended to establish a contract for State Surplus to recycle and dispose of unsalable electronic waste in an environmentally sound and cost-effective manner.

State Surplus Property is governed by state law, under North Dakota Century Code (N.D.C.C.) § 54-44-4.6).

BUDGET

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

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

The State of North Dakota is soliciting proposals for Electronic Waste Recycling and Disposal Services. The Office of Management and Budget State Procurement Office will administer this contract. OMB State Surplus Property will work directly with the Contractor to coordinate e-waste pickup.

The goal of this RFP is to establish an E-waste Recycling and Disposal program that enables State Surplus Property to dispose of electronic equipment that has reached the end of its useful life, in a safe, secure, and environmentally responsible way.

“Electronic Waste” (E-waste) is defined as surplus, obsolete or non-working electronic equipment, including, but not limited to:

Any equipment containing a hard drive or that has the potential to store data.

3.2 APPLICABLE DIRECTIVES

This project is subject to the following:

North Dakota Century Code (N.D.C.C.) § 54-44-4.6 State Surplus Property laws and OMB State Surplus Property Manual.

Contractor is prohibited from reselling any e-waste containing a hard drive or memory capability. If the hard drive/memory cannot be removed from the e-waste item, the item must be destroyed.

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

3.3 REQUIREMENTS

Pricing

1. The State of North Dakota seeks a contract that will be beneficial for the Contractor and cost effective for State Surplus Property. The pricing schedule must:

2. Provide comprehensive details about when the Contractor will pay the State or for any e-waste products.

3. Provide a comprehensive pricing schedule that describes all fees for the various services proposed under this contract.

4. Describe any circumstances under which the Contractor would waive pick-up fees, and collect and process e-waste at no cost to the State (e.g. minimum load size requirements, coordinated pick-up schedule/route, etc.).

5. Describe how adjustments to the price schedule are determined.

Location

1. The primary pick-up location is State Surplus Property in Bismarck. State Surplus Property will coordinate pick up.

The Contractor will assist State Surplus Property with the implementation of an e-waste recycling and disposal program. The Contractor must assume ownership and responsibility for all electronic waste received from the State. The Contractor shall be held responsible for ensuring that all services are performed in accordance with this contract and all applicable local, state, and federal regulations. The Contractor will be required to pick-up, transport, and properly recycle or dispose of unneeded electronic equipment, components, and residual, and provide all labor, materials, and equipment to perform the E-waste Recycling and Disposal services for the State Surplus Property.

All work conducted for the E-Waste Recycling and Disposal will be submitted to and approved by the Manager of State Surplus Property.

The Contractor must provide a written plan describing how the Contractor will handle the collection, recycling, and disposal of electronic equipment. This plan is subject to approval by State Surplus Property and will be incorporated into the contract awarded as a result of this Request for Proposal. The plan may be amended to include the addition of the other services within the scope of the original contract, upon mutual, written agreement of both parties.

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

1. The Contractor must provide necessary personnel, equipment, and materials to provide pick-up services or accept delivery of electronics determined to be e-waste.

2. The Contractor must describe its plan for scheduling pick-ups for State Surplus Property.

3. The Contractor must provide written instructions for State for the safe storage, handling, packaging, and labeling the various types of electronic equipment for transportation. The Contractor must also provide instructions and any needed forms for preparing a Bill of Lading.

4. The Contractor must provide a description and quantity of any shipping containers that the Contractor will provide to State and, if applicable (e.g., tri-wall containers).

5. The Contractor must provide transportation for pick-up of the electronic equipment. The Contractor must indicate whether the transportation will be a privately-owned fleet or via a brokerage service. The Contractor must also describe the types of vehicles to be used.

6. The Contractor must describe their procedures for cleaning any debris spilled or tracked on public or private property by the Contractor’s employees or equipment.

7. The Contractor must indicate whether State Surplus Property is permitted to deliver electronic waste to the Contractor’s facility. Describe any related requirements and locations of E-waste collection points.

8. The Contractor must identify any pertinent issues and potential problems related to the implementation of the program and carrying out the duties of this contract.

9. Contractor will arrange and be responsible for all transportation of truckload quantities from Customer’s collection site at State Surplus Property.

10. Contractor will also strive to combine less-than-full truckload quantities and be responsible for this transportation.

11. Contractor will provide the materials, personnel and facilities to process electronic equipment for destruction, recycling, or reuse in a secondary market.

12. Contractor will provide containers, pallets, triple-wall boxes, etc. required to assist in the transportation of all e-waste.

13. Contractor will handle all e-waste in accordance with all applicable local, state and Federal regulations.

14. Contractor must provide written certification per batch of destruction, recycling, or reuse in a secondary market to include (whichever is appropriate) to the customer. Documentation indicating the destruction of any hard drive or memory storage media is required.

15. Contractor will provide safe, secure transfer and destruction of data, including hard drive shredding for all electronic devices containing stored data.

16. Contractor will provide documentation that all of the equipment donated by the customer is processed by a factory that is certified under the Responsible Recycling Practices for Electronics Recyclers (R2) standards.

3.4 LOCATION OF WORK/TRAVEL

State Surplus Property 1278 Hemlock Street Bismarck, ND 58505

3.5 STATE-FURNISHED PROPERTY/SERVICES

Surplus Property will:

1. Warehouse all property targeted for electronic recycling or disposal until the scheduled pick-up date and time.

2. Furnish labor and equipment for loading from their dock. The Contractor and State Surplus Property must coordinate regarding loading from other locations.

3. Coordinate with the Contractor to establish a pick-up schedule. The State cannot anticipate when it will accumulate truck-load quantities of electronic waste for recycling/disposal. Therefore, the pick-up schedule will be negotiated between the Contractor and State Surplus Property.

RISK MANAGEMENT

The Contractor will take appropriate measures to ensure the safety of their employees, state employees, the public, and property. Contractor shall also identify and address appropriate data security measures to prevent unauthorized access of confidential or sensitive data contained in electronic waste. Contractor will be required to maintain appropriate insurance necessary to respond and protect the State from all liability and costs that result from any unauthorized access of data contained in electronic waste. The contractor must identify any potential risks, issues and problems associated with the project and identify ways to mitigate those potential risks.

CONTRACT TERM, SCHEDULE, AND DELIVERABLES

1. Contract Term This contract will be for an initial two-year period beginning on the effective date of the contract, with options for three one-year renewal options, and an option to extend for a 12-month period. See the attached contract.

3.6 EXPERIENCE AND QUALIFICATIONS

The Contractor must describe its experience, qualifications, and certifications held. The Contractor must also provide a comprehensive description of E-waste recycling and disposal services.

1. The Contractor must describe the firm’s experience in electronic equipment recycling and disposal. Describe relevant certifications held.

2. The Contractor must describe any experience and qualifications the Contractor requires of the employees who will perform work related to this contract. If subcontractors will be used, provide the name, description of work they will perform, and qualifications. The Contractor must be the sole point of contact for the State and shall be responsible for coordinating and controlling all aspects of the subcontractor’s performance.

3. The Contractor must describe all federal, state and local requirements, including any requirement to obtain licenses and permits, with which the Contractor must comply for performance of this contract.

4. The Contractor must provide information on its compliance history including any criminal (past five years) or civil (past three years) violations related to the work required in this RFP. If there was a violation, indicate the outcome.

5. Provide a minimum of three reference letters, including names and phone numbers for customers who have contracted with their firm for similar services. Cited references must be able to confirm the offeror’s ability to provide the services described in this Request for Proposal. The State reserves the right to contact any reference provided by the offerors, to request additional references, and contact any site that has used the offeror’s services.

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 PROPOSAL PREPARATION

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

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

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

Offeror must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

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

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

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find the solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5) clearly labeled documents before the Solicitation Closing deadline provided in the RFP Schedule.

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

5. The maximum file size allowed is 50 MB per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system DOES NOT accept other special characters such as apostrophe, & symbol, quotation marks, etc.

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

10. Offeror will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If Offeror does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

4.3 PROPOSAL FORMAT

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

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

Section 1 – Cover Letter Section 2 – RFP Amendments Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality

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

4.4 TECHNICAL PROPOSAL

SECTION 1 – COVER LETTER

Proposals shall include a cover letter that includes the following:

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

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

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

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

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

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

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

SECTION 2 – RFP AMENDMENTS

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

SECTION 3 –SCOPE OF WORK STRATEGY

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

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract. This project is subject to the following:

Contractor is prohibited from reselling any e-waste containing a hard drive or memory capability. If the hard drive/memory cannot be removed, it must be recycled or destroyed.

The contractor is responsible for identifying and complying with all 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 under section 3 of the RFP. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the STATE’s project schedule.

The Contractor must describe its E-waste recycling and disposal capabilities, including the location and radius of operations for each processing facility used. Describe the types of E-waste processed and indicate any equipment or materials that will not be accepted. Describe all downstream collection and process management facilities used to recycle and appropriately dispose of electronic waste (e.g. reuse, refurbish, recycle, resell, transfer to consignee, landfill, etc.).

The Contractor must describe its processes for shredding hard drives and other memory devices.

Contractor will provide the State with annual reports the first week of July regarding the volumes of electronic waste the State has processed under this contract.

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

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

Describe where the work will be performed and any proposed travel.

State Surplus Property 1278 Hemlock Street Bismarck, ND 58505

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

Surplus Property will:

1. Warehouse all property targeted for electronic recycling or disposal until the scheduled pick-up date and time.

2. Furnish labor and equipment for loading from their dock. The Contractor and SSP must coordinate regarding loading from other locations.

3. Coordinate with the Contractor to establish a pick-up schedule. The State cannot anticipate when it will accumulate truck-load quantities of electronic waste for recycling/disposal. Therefore, the pick-up schedule will be negotiated between the Contractor and State Surplus Property.

6. Risk Management. Offerors must describe measures to be taken to ensure the safety of its employees, state employees, the public, and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated.

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

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

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

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

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

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

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

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

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

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

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

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

SECTION 5 – CONTRACT PROVISIONS

Offeror shall review the RFP Section 6 and the STATE’s contract – Attachment 3.

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

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

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

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

SECTION 6 – OPEN RECORDS AND CONFIDENTIALITY

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

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

Offeror must provide one of the following in their proposal:

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

· Make a written request to hold confidential any trade secrets and other proprietary data contained in their proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information at https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

COST PROPOSAL

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

Offeror must complete the Cost Proposal Format - Attachment 1 or prepare a Cost Proposal following the same format.

The cost proposal with the best rebate (incentives) and lowest or no cost will receive the maximum number of points.

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

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

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

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

5.1 AWARD

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

5.2 RESPONSIVENESS

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

5.3 RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION

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

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

5.4 EVALUATION CRITERIA

Proposals will be evaluated using a 100 point scale. The evaluation committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment 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 award notice is issued. The final evaluation score will consider information received by the STATE, including but not limited to, discussions with Offerors, demonstrations, presentations, site visits, reference checks, and best and final offers.

The evaluation criteria and relative weight is as follows:

Technical Proposal Evaluation: 50 Points A. Scope of Work Strategy – 30 Points B. Experience and Qualifications – 20 Points Cost Proposal Evaluation: 50 Points

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

5.5 COST PROPOSAL EVALUATION

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

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

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

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

Price of Highest Cost Proposal

= Awarded Points

Price of Proposal Being Rated X Total Points for Cost Available

CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

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

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

5.6 RIGHT OF REJECTION

The STATE 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. The STATE reserves the right to reject the proposal of an Offeror determined to be not responsible. The STATE reserves the right to refrain from making an award if determined to be in its best interest.

5.7 SITE VISITS

The STATE may conduct an on-site visit to the Offeror’s facility or facility of Offeror’s customer where the Offeror is performing similar work to evaluate the Offeror's capacity to perform the contract. An Offeror must agree, at risk of being found nonresponsive and having its proposal rejected, to provide the STATE reasonable access to relevant portions of its work sites.