IOS+Contract+Signed+5-5-2022.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(July 2021)

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this IFB. Bidders shall direct all communications regarding this IFB to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PURCHASING AGENCY (STATE): Office of Management & Budget, State Procurement Office PROCUREMENT OFFICER: Gabriel Hoggarth EMAIL: gjhoggarth@nd.gov

PHONE: (701) 328-2740

TTY Users call: 7-1-1

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

BID QUESTION DEADLINE

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

Email is the preferred method of submission with the IFB 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 bidder to a specific section of the IFB.

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This IFB and any related amendments and notices will be posted on the North Dakota OMB website using the State Procurement Online system (SPO Online). Bidders are responsible for checking this website to obtain all information and documents related to this IFB: https://apps.nd.gov/csd/spo/services/bidder/main.htm

Select Recent Solicitations and find this solicitation. Recent solicitations are listed by close date.

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

DATE ISSUED 4/5/2022 BID NUMBER 110.7-22-019

BID TITLE Office & Educational Consumables

COMMODITY

CODE(S)

Commodity Code: 615 Sub Classes: 03, 04, 05, 07, 09, 11, 13, 14, 15, 17, 18, 19, 20, 21, 23, 24, 25, 27, 29, 31, 32, 33, 35, 37, 39, 41, 43, 45, 47, 48, 49, 50, 51, 52, 53, 55, 57, 60, 62, 65, 67, 69, 71, 72, 73, 75, 77, 79, 80, 81, 82, 84, 86, 88, 89, 90, 93, 95

BID QUESTION

DEADLINE 4/12/2022 CONTRACT NUMBER 200

BID RESPONSE

DEADLINE 4/19/2022 by 12:00 PM CT CONTRACT PERIOD 5/9/2022 – 4/30/2023 http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://apps.nd.gov/csd/spo/services/bidder/main.htm

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

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

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

c. Sign your, and initial any changes or corrections

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

e. If using a delivery service, check tracking to ensure the Bid Response will be delivered on time. Contact the

Procurement Officer as soon as possible in the event of delays due to weather, etc.

f. Submit any required samples or documents.

2. Definitions.

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

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

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

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

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

f. Purchasing Agency (STATE): the entity on which the purchase is being made on behalf of.

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

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

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

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

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

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

m. SPO Online: a procurement information website maintained by the State Procurement Office pursuant to

N.D.C.C. § 54-44.4-14.

3. Bidders List and Secretary of State Registration Requirements. Bidders must comply with requirements related for OMB Bidders List application and Secretary of State registration [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).

Bidders are required to complete the Bidders List application process and comply with Secretary of State registration requirements prior to the Bid Response deadline. Bids received from bidders that are not approved vendors on the Bidders List will be rejected.

Bidders List and Secretary of State Information

1. Secretary of State Registration and Online Bidder Registration instructions are available online at How to Bid |

Office of Management and Budget, North Dakota.

2. Offeror should check the Bidders List to determine if Offeror is already registered.

3. An Offeror that needs to complete the registration process shall:

a. Register with the Secretary of State (fees apply) and obtain a “System ID” number.

b. Complete the On-line Bidder Registration including selecting commodity codes. Notices related to this

RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors. The commodity codes used for this solicitation are: Commodity Code 615, Sub Classes 03, 04, 05, 07, 09, 11, 13, 14, 15, 17, 18, 19, 20, 21, 23, 24, 25, 27, 29, 31, 32, 33, 35, 37, 39, 41, 43, 45, 47, 48, 49, 50, 51, 52, 53, 55, 57, 60, 62, 65, 67, 69, 71, 72, 73, 75, 77, 79, 80, 81, 82, 84, 86, 88, 89, 90, 93, 95

4. If not already registered, the successful Offeror will be required to register as a new supplier to receive payment from the STATE. New vendors (suppliers and individuals) looking to receive payment from the STATE should use the online Supplier Registration.

http://www.legis.nd.gov/cencode/t54c44-4.pdf https://www.omb.nd.gov/doing-business-state/procurement/how-bid https://www.omb.nd.gov/doing-business-state/procurement/how-bid https://apps.nd.gov/csd/spo/services/bidder/searchBidder.htm http://www.nd.gov/sos/businessserv/registrations/vendor.html https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/AUC_BIDDER_REGISTRATION.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=BIDDER https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/SUP_OB_MENU.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=SUPPLIER

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

Upload Response Through the State Procurement Online System (SPO Online):

Bidders must electronically submit Bid Responses through the State Procurement Office Online system (SPO Online) by the Bid Response deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for a Bidder’s failure to timely submit a Bid Response 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 Bid Response 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 this solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Bid Response deadline.

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

5. The maximum file size allowed is 50mb 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.Bidder 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 Bidder do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If Bidder 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.

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

6. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the

Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

7. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid

Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

mailto:infospo@nd.gov mailto:infospo@nd.gov mailto:infospo@nd.gov https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

8. Bid Response Opening. A public Bid Response opening will be held. The Procurement Officer will hold the Bid

Response opening via:

Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Join with a video conferencing device teams@join.nd.gov Video Conference ID: 115 238 842 6 Alternate VTC instructions Or call in (audio only) +1 701-328-0950,,391559121# United States, Fargo Phone Conference ID: 391 559 121# Find a local number | Reset PIN

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9. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid

Responses received and the award. Bid Response results may be posted on SPO Online:

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

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

12. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each

Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

13. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws.

Interested parties may contact the Procurement Officer to request information related to this solicitation.

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

15. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the Bid

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

16. Signature. The Bidder’s authorized representative must provide their printed name, title, and sign the Bid

Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer. (N.D.A.C. ch. 4-12-10)

17. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful

Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTY1YjY3MDctMDNlMy00MzA3LWJlZTYtNGIwMGFkYzNjNjJk%40thread.v2/0?context=%7b%22Tid%22%3a%222dea0464-da51-4a88-bae2-b3db94bc0c54%22%2c%22Oid%22%3a%2232c0b6e2-b0af-43bc-a1ea-284b89500d93%22%7d mailto:teams@join.nd.gov https://itdpexipconfnd1.join.nd.gov/teams/?conf=1152388426&ivr=teams&d=join.nd.gov&w tel:+17013280950,,391559121#%20 https://dialin.teams.microsoft.com/b55e1684-2d28-41f4-ba9d-69c288a879dd?id=391559121 https://mysettings.lync.com/pstnconferencing https://aka.ms/JoinTeamsMeeting https://www.nd.gov/itd/support https://teams.microsoft.com/meetingOptions/?organizerId=32c0b6e2-b0af-43bc-a1ea-284b89500d93&tenantId=2dea0464-da51-4a88-bae2-b3db94bc0c54&threadId=19_meeting_OTY1YjY3MDctMDNlMy00MzA3LWJlZTYtNGIwMGFkYzNjNjJk@thread.v2&messageId=0&language=en-US https://apps.nd.gov/csd/spo/services/bidder/main.htm http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf specifications or have any objections to the stated specifications must contact the Procurement Officer by the deadline for questions or at least seven days before the Bid Response deadline, so the Procurement Officer can determine whether the specifications need to be amended.

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

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

SECTION 2

EVALUATION AND AWARD

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

• All or none. Bidder must respond to all 386 Bid Response Form Items.

The award will be decided by the sum of all 386 Bid Response Form Items. The State reserves the right to award any combination of or all of the 46 Supplemental Categories, though the award will not be based off of the Supplemental Categories.

2. Award – Preference Laws. If Bid Responses are received from nonresident (out-of-state) Bidders, the

Procurement Officer will apply reciprocal preference, if applicable, in accordance with N.D.C.C. §44-08-01. See Guidelines to North Dakota Purchasing Preference Laws.

3. Award – Tie Bid Response Preference. After applying any reciprocal preference, if a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must first be given to Bid Responses submitted by resident North Dakota vendors. (N.D.C.C. § 44-

08-01.1)

b. If a tie remains, preference is given to approved vendors on the Bidders List. (N.D.C.C. § 54-44.4-09(4))

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

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

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

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

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

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

9. Rejection. The STATE reserves the right to reject any and all Bid Responses in whole or in part. The Procurement

Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

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

b. the Bid Response is determined to be late;

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

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

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09) http://www.legis.nd.gov/cencode/T44C08.pdf https://www.nd.gov/omb/agency/procurement/reciprocal-preference http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. State Contract. The contract resulting from this solicitation will be a State Contract made available to North Dakota state agencies and institutions.

2. Cooperative Purchasing. This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

3. Term of the Contract. The term of the contract issued as a result of this solicitation will be as follows:

a. Contract Period. This Contract term (Term) begins on 5/9/2022, or its Effective Date, and ends on 4/30/2023.

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

c. Extension Option. STATE reserves the right to extend this Contract for an additional period of time, not to exceed 12 months, beyond the current termination date of this contract.

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term.

STATE reserves the right to execute up to 5 options to renew this Contract under the same terms and conditions for a period of 12 months each.

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

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

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

6. Contract Estimated Volume. The annual estimated statewide spend on this contract is $775,000. The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The CONTRACTOR or CONTRACTORs will be required to furnish actual requirements upon receipt of an order. This contract will not include items of a similar nature, which must be bought for emergency use.

7. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Procurement Officer. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within 7 calendar days after the request by the Procurement Officer.

The report format will be determined by mutual agreement of the CONTRACTOR and the Procurement Officer.

8. Ordering Website. CONTRACTOR will be required to establish a secure website for online ordering under this contract. The ordering website must be limited to commodities offered under this contract. Should the CONTRACTOR hold other state contracts, and at the discretion of the Contract Administrator, CONTRACTOR may be allowed to list those items on the same website.

http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/cencode/t39c04-2.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

9. Order Confirmation. The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering

Agency within 2 working days of the order placement.

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

• Delivery must be made within 3 days after the CONTRACTOR receives an order from the Ordering Agency by issuance of a contract or purchase order or use of a purchasing card.

11. Delivery Location - F.O.B. Point and Freight. Delivery, freight, and passage of title shall under this contract shall be as follows:

• Orders that meet the minimum order amount of $40.00 will be F.O.B. Destination, Freight Prepaid to any North

Dakota destination with all freight and handling included in the item price. Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

• Orders that do not meet the minimum order amount will be F.O.B. Destination, Freight Prepaid and Added.

CONTRACTOR will prepay all freight and handling and add to the Ordering Agency invoice. Title will pass to the Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

13. Sample Submission Requirement. The Bid Response Form consists of 386 core items. If the CONTRACTOR bids the items/part numbers described within the Bid Response Form, CONTRACTOR will not need to submit samples. However, should CONTRACTOR choose to bid an ‘or equal’ equivalent item, CONTRACTOR may be contacted by the Procurement Officer to provide samples so that the STATE may review the item. To determine if the ‘or equal’ items are equivalent, Bidders must provide a representative sample of the commodity being offered at no cost to the STATE. All samples must be marked to show the Bidder's name, the bid number and title, and the bid item Central Supply Item Number as found in the Bid Response Form. Upon request of the Bidder, samples not destroyed by examination or testing will be returned at the expense of the Bidder. If the Bidder does not request return of the sample within 7 days after notice of award, the sample will become property of the STATE (N.D.A.C. § 4-12-08-11).

• The successful Bidder may be required to furnish a sample of items offered in the Bid Response within 48 hours of the request by the Procurement Officer. The request will be made via email.

• If samples are requested, bidders must submit the requested samples to the following Mailing/Delivery

Address:

Gabriel Hoggarth 14th Floor Capitol Tower 600 E Blvd Ave Bismarck, ND 58505-0310

• Requested samples received late will result in the Bid Response being rejected.

14. New Equipment and Materials. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials shall be new and under current production for use in the United States.

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

http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf

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

16. Invoicing.

Orders will be placed by state agencies and institutions.

17. Paper Recycled. N.D.C.C.§ 54-44.4-08 requires that at least twenty percent of the total volume of paper and paper products purchased for state agencies and institutions contain at least twenty-five (25%) percent recycled material.

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

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

• Pricing, Firm-Fixed with Adjustment upon Renewal. Pricing shall be firm for the first year of the Contract. If a Renewal Option is being considered, the CONTRACTOR may request a price adjustment 90 days prior to the end of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment. All orders placed are to be billed at prices in effect at the time of the order, not the date the shipment is made.

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

21. Specifications, Brand Name or Equivalent. Unless otherwise indicated in the solicitation specifications, the use of a specific brand name or make/model is for illustrative purposes only, and the STATE will consider equivalent products. If an alternate brand offered by a Bidder is rejected as not being equivalent, the Procurement Officer send a rejection notice, including the reason for rejection.

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

http://www.legis.nd.gov/cencode/t54c44-4.pdf

SECTION 4

RISK MANAGEMENT REQUIREMENTS

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

1. Indemnification. Indemnification provisions are incorporated and made part of this solicitation and resultant contract.

• None

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract.

Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

Contractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

1) Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $2,000,000 per occurrence.

2) Workers compensation coverage meeting all statutory requirements.

The insurance coverages listed above must meet the following additional requirements:

1) This insurance may be in policy or policies of insurance, primary and excess, including the so called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State.

2) The Contractor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement.

3) Failure to provide insurance as required in this agreement is a material breach of contract entitling State to terminate this agreement immediately.

4) Contractor shall provide at least 30-day notice of any cancellation or material change to the policies or endorsements. An updated, current certificate of insurance shall be provided in the event of any change to a policy.

SECTION 5

COMPLIANCE ITEMS

Compliance Items.*** (To the right of each item, enter Yes if you will comply or No if you will not)

a. CONTRACTOR will stock all items identified in the Bid Response Form, and have them available for immediate delivery. No substitutions will be allowed. These items may not be considered special order items. YES

b. CONTRACTOR will not substitute any items in the resulting contract unless prior approval is obtained in writing from the Contract Administrator. It is understood that some items may be discontinued by any manufacturer during this contract period. If an item is discontinued, the contractor may be required to supply a like item. YES

c. CONTRACTOR warrants that all products shall be new, unused, current production models, where applicable, and shall be free from defects in materials, design and manufacture for manufacturer’s standard warranty period. CONTRACTOR agrees to assist the State with manufacturer warranty issues when necessary. YES

d. CONTRACTOR agrees all products will have a minimum shelf-life of one year from the date of purchase.

YES

e. CONTRACTOR agrees the State reserves the right to add or delete products during the life of the contract.

The State reserves the right to work with the CONTRACTOR and allow low cost alternative products during the life of the contract. YES

f. CONTRACTOR shall create and maintain an internet-based electronic ordering system for the use of all purchasing entities of the state contract. YES

g. CONTRACTOR agrees that all products delivered in poor condition or not ordered, may, at the discretion of the purchasing entity, be returned to the contractor at the contractor’s expense within 30 days. Credit for returned goods must be made immediately. State will not be responsible for restocking fees). YES

h. CONTRACTOR agrees to maintain multiple accounts with multiple purchasing entities with delivery to multiple locations. The contractor agrees not to sell to a third party any contact information obtained as a result of this solicitation or the resulting contract. YES

i. CONTRACTOR agrees to respond to all communications within twenty-four (24) hours of contact. YES

j. CONTRACTOR understands the State has term contracts for a variety of products. These items will not be in the scope of this contract. CONTRACTOR understands that State agencies will continue to purchase those items from other state term contracts, including but not limited to Calendars (TC #204), Computer Equipment, Peripherals & Related Services (TC #022), Copiers, Printers & Related Devices (TC#131), Cut Paper (TC #002), Dry Cell Batteries (TC #011), Flags – US, State of ND, POW/MIA (TC #043), Furniture – Open Office Systems (TC #049), Janitorial Paper & Disposable Food Service Products (TC #009), Mailing Equipment, Supplies & Maintenance (TC #046), Toner & Printer Products OEM (TC #010). YES

***Failure to comply with all compliance items will be grounds for bid rejection.

SECTION 6

BID RESPONSE FORM

Open, fill, and submit: Attachment 1 – Bid Response Form

Optional Supplemental Categories:

As mentioned under Section 2, Evaluation and Award - The award will be decided by the sum of all 386 Bid Response Form Items. With that said, the State reserves the right to award any combination of, or all of, the following 46 Supplemental Categories. The award of this solicitation will not be based off Supplemental Category responses. Though it is recommended you enter a discount % off list for each category below, you do not have to to be considered responsive to this solicitation.

Supplemental Category #

Supplemental Category Description Enter Discount % Off List, Per Category

1 Adhesives, Glues, Glue sticks, Adhesive Removers 42% 2 Dictionaries, Thesaurus, Diaries, Tickets, Reference Sets 25% 3 Archive Boxes, Cardboard Boxes, Storage Containers 40% 4 Award Frames, Displays, Plaques, Certificates 42% 5 Badges, Badge Holders, Lanyards 42% 6 Chargers, UPS Power Supplies, Surge Protestors, Extension Cords 45% 7 Binder Clips, Paper Clips, Panel Clips, Pushpins, Thumbtacks, Safety Pins, Rubber

Bands, Scissors, Shears, Cutters, Trimmers, Hole Punches (non-electric) 59%

8 Binders, Combs, Rings, Spines 60% 9 Book Cases, Book Ends, Book Shelves 40%

10 White Boards, Bulletin Boards, Cork Boards, Easels, Poster Boards, Display Rails 40% 11 Appointment Books, Phone Message Books, Statement Books, Fax Message Books, While You Were Out Books, Forms, Deskpads, Refills, Planners 47%

12 Wastebasket Bags 45% 13 Cart, Hand trucks 40% 14 CDs, DVDs, Cassette Tapes, Tape Cartridges, CD and DVD Cases, CD and DVD Storage, VHS Tapes, Computer Disks and Diskettes, Computer Bags and Cases, Mouse, Keyboards, Keyboard Pads, Mouse Pads, Camera Bags, Camera Cases

30%

15 Chair Mats 44% 16 Clocks, Hooks, Lamps 54% 17 Correction Fluid, Correction Tape, Correction Pens 45% 18 Food Service Ware: Camera Film, Photo Paper 15% 19 Breakroom Cleaners: Dusters, Air Dusters, Computer Dust-off, All Purpose Cleaners, Bathroom Cleaners, Disinfectants, Sanitizers, Hand Soaps, Glass Cleaners, Air Fresheners, Dust Pans, Stainless Steel Cleaners, Microfiber Cloths, Kitchen Cleaners, Furniture Cleaners and Other Cleaning Supplies

45%

20 Erasers, Dry-Erase Erasers, Chalk, Crayons 55%

21 Calculators, Digital Voice Recorders, Typewriters, Cameras, Fans, Heaters, Laminators, Shredders, Pencil Sharpeners, Air Cleaners

35%

22 First Aid, Hand Lotions, Hand Sanitizers, Pain Relief, Gloves, Safety Supplies 30% 23 Headsets, Headset Accessories, Headphones 22% 24 Ink Pads, Refills, Calculator Ink, Stamps, Calculator Spools, Adding Machine Tape, Cash

Register Tape, Wide Format Paper Rolls 45%

25 Knives, Cutters, Blades, Scrapers 45% 26 Labels, Label Makers, Label Holders 45% 27 Mailing Tubes, Mailing Tubs, SD Mailers, Packaging, Fingertips, Letter Openers, Moistener 54%

28 Markers, Highlighters, Felt Pens 50% 29 Mice, Keyboards, Wrist rests, Keyboard Pads, Mousepads, Keyboard Trays, Speakers 30% 30 Notebooks, Notepads, Pads of Paper, Sticky Notes, Easel Pads, Stationery Paper 58% 31 Office Organizers, Inboxes, Copyholders, Pen and Pencil Holders, Wastebaskets, Drawers, Desktop Shelves 30%

32 Pencils, Pencil Erasers, Mechanical Pencils, Lead Refills, Pens, Pen Refills 50% 33 Protractors, Rulers, Yardsticks, Compasses, Engineer Triangles, Measuring Tapes 40% 34 Report Covers, Files, File Folders, Pocket Files, Portfolios, Jackets, Inserts, Folder

Frames, Dividers, Wallet Files, File Guides, Index Cards, Business Cards, Card Holders, File Indexes, Tabs, Ledgers, Tab Reinforcements, Tags, Sheet Protectors, Letters, Numbers, Fasteners, Fastener Bases, Clipboards, Flag Tape

48%

35 Signs, Sign Holders, Flyer Holders, Racks, Literature Displays, Name Plates 40% 36 Staplers, Staples, Staple Removers 54% 37 Storage Cabinets, Filing Cabinets, File Storage Systems, Rails 35% 38 Tape, Tape Dispensers, Embossing Tape, Velcro Products 42% 39 Breakroom Paper Products: Tissue, Paper Towels, Napkins 54% 40 Transparency Film, Transparency Paper, Laminating Supplies, Laminating Pouches 42% 41 USB Drives, Flash Memory, Zip Disks 20% 42 “School Supplies”-are art supplies, construction paper, crepe paper, paint, games/learning tools, crayons 44%

43 Storage Containers, Collapsible Carry, Totes, Bins, Organizers, Carts 40% 44 Breakroom Consumables, Straws, Utensils, Plates, Cups, Serving Items 50% 45 Breakroom Consumables, Food & Drink Items 30% 46 Uncategorized Office and Educational Consumable 30%

Service Provider: The CONTRACTOR must provide a dedicated service provider to support for this contract. During the contract term, the CONTRACTOR shall notify the Procurement Officer if CONTRACTOR’s service provider changes.

Sales Representative: The CONTRACTOR must provide a dedicated sales representative to provide support for this contract. The sales representative will be required periodically visit ordering agencies to provide information regarding products available under the contract and assistance with order placement. During the contract term, the CONTRACTOR shall notify the Procurement Officer if the CONTRACTOR’s sales representative changes.

Service Provider:

Innovative Office Solutions

Sales Representative Name: John Townsend

Address:

151 Cliff Road East

City & State & ZIP:

Burnsville, MN 55337

Phone Number, Innovative General:

952-698-9978

Cell Phone Number, John Townsend

612-201-4714

Toll Free Number:

866-574-5389

E-Mail Address:

jtownsend@innovativeos.com

Fax Number:

952-894-7153

BIDDER INFORMATION AND SIGNATURE

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

Written acceptance of the Bid Response by the STATE constitutes a binding contract made and entered into by and between the State of North Dakota, acting through the Purchasing Agency, and the Bidder named below. Written acceptance may be made by execution of a contract, purchase order, or order using a state purchasing card.

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 32-12.2-04.

Bidder/Contractor Name: Innovative Office Solutions LLC

Contractor Federal Employer Identification Number (FEIN) 36-4550688

Bidder Street Address/ P.O. Box: 151 Cliff Road East

City, State ZIP: Burnsville, Mn 55337

Contact Name: Brooks Smith

Contact Title: Chief Finance Officer

Telephone Number: 952.698.9226

Email: bsmith@innovativeos.com

Authorized Representative Signature:

Date: 4/18/22

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

The parties to this contract (Contract) are the state of North Dakota, acting through the Purchasing Agency (STATE), and the above-named Bidder (CONTRACTOR). This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of signatures of the parties shall be deemed the Effective Date.

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 32-12.2-04.

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

Date:

ND Office of Management & Budget, State Procurement Office

Gabriel Hoggarth

State Procurement Officer III

5/5/2022

SECTION 7

CONTRACT TERMS AND CONDITIONS

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

2. Compensation.

a. Contractual Amount

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

b. Payment

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

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

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

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

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

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

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

6. Termination.

a. Termination by Mutual Agreement

This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest

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

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:

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

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

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

Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either party…