SC056_Contract_ChillerSystems_Execut.pdf

State of North Dakota

INVITATION FOR BID (IFB)

OMB (10/2019)

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: ND State Procurement Office PROCUREMENT OFFICER: Jamie Bostyan EMAIL: jbostyan@nd.gov

PHONE: (701) 328-4912

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 RESPONSE 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 Proposal Receipt 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 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 Office of Management and Budget 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 RFP: https://www.nd.gov/omb/vendor/bidding-opportunities-spo-online

Select “SPO Online” from the left menu click Bidder Resources, then click “State Procurement Online”. The Bidder Services Main Menu will appear, click on “Recent Solicitations” under the Solicitation section. 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 01/10/2020 BID NUMBER 110.7-20-004

BID TITLE Water Chillers SITE VISITS See item 1, Site Visits, of section 1, Bidders Instructions

CONTRACT NUMBER 056 CONTRACT PERIOD 03/01/2020 – 02/28/2022

BID RESPONSE

QUESTION DEADLINE

01/20/2020 @ 12:00 p.m.

CT

BID RESPONSE

CLOSING DEADLINE 02/04/2020 @ 2:00 p.m. CT http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://www.nd.gov/omb/vendor/bidding-opportunities-spo-online https://www.nd.gov/omb/vendor/bidding-opportunities-spo-online

SECTION 1

BIDDERS INSTRUCTIONS

1. Site Visits. Bidders will be allowed the opportunity for a site visit with a tour of the water chillers mentioned in the section 6, Bid Response.

a. For Purchasing Agency 1 (Job Service), please contact the Purchasing Agency representative for operations listed in section 6, Bid Response, prior to January 20, 2020 to schedule times for walkthroughs of their facility.

b. For Purchasing Agency 2 (State Capitol Complex) a site visit will be open to all potential bidders and occur on January 14, 2020 at 2:00 p.m. CST. The site visit is not mandatory. For the site visit, bidders will meet in the ground floor lobby at the public entrance of the Capitol Tower. The address is: 600 E Boulevard Ave, Bismarck, ND 58501. Please contact the Procurement Officer with any questions regarding the site visit.

c. For Purchasing Agency 3 (Adjutant General) please contact the Purchasing Agency representatives for operations listed in section 6, Bid Response, prior to January 15, 2020 to schedule times for walkthroughs of their facilities at each location listed per item.

2. 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 bid response, and initial any changes or corrections

d. Ensure your Bid Response is received by the Purchasing Agency by the Bid Response Closing Deadline. Call 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.

3. 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: 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 OMB State Procurement Office pursuant to

N.D.C.C. § 54-44.4-14.

4. Bidders List and Secretary of State Registration Requirements. Bidders must comply with requirements related for Office of Management and Budget (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 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 proposal submission deadline. Bids received from bidders that are not approved vendors on the Bidders List will be rejected.

Vendor Registration Information Websites:

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

Secretary of State Registration. Complete the online Secretary of State registration process (fees apply):

https://firststop.sos.nd.gov/. Select “Start a Business.” You will need to create a username and password. Contact the Secretary of State, Business Services at 701-328-2904 or sosbir@nd.gov for assistance.

Bidders List Application Process. Complete the online Bidders List application process:

https://www.nd.gov/omb/vendor. Contact the OMB State Procurement Office for assistance at 701-328-2773 or email infospo@nd.gov.

Bidders List Used for this Solicitation. Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential offerors. The following commodity codes were used for the Bidders List for this solicitation: 031-13.

Vendor Payment Registration. The successful bidder may be required to register as a new supplier to receive payment from the State. See the Office of Management and Budget website for more information:

https://www.nd.gov/omb/vendor/vendor-payments

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

Sealed bids are required; therefore, bids cannot be submitted by email or fax to the Procurement Officer. Bidders may email or fax bids to a third party to place in a sealed envelope and deliver by the Bid Response closing deadline.

Submit in Person, By Mail or Delivery Service Submit Bid Response in a sealed envelope or package to the following address. Contact the Procurement Officer to confirm receipt. If mailing or physically delivering your response, include one (1) copy of your Bid Response on a USB Flash Drive or other storage device.

IFB #: 110.7-20-004

IFB Title: Water Chillers ATTN: Jamie Bostyan Office of Management and Budget ND State Procurement Office 14th Floor Capitol Tower 600 E Boulevard Ave, Dept 012 Bismarck, ND 58505-0310

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

Bidders may electronically submit Bid Responses through the State Procurement Online system (SPO Online) by the Bid Response Closing Deadline.

1. This solicitation is posted on SPO Online at: https://www.nd.gov/omb/vendor

2. Click on “Bidding Opportunities.” Go to “Recent Solicitations” and find this solicitation.

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

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

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

6. All 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.

7. Bidders 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 you do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If you do 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.nd.gov/omb/vendor/bidder-resources for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

http://www.nd.gov/sos/businessserv/registrations/vendor.html https://firststop.sos.nd.gov/ mailto:sosbir@nd.gov https://www.nd.gov/omb/vendor mailto:infospo@nd.gov https://www.nd.gov/omb/vendor/vendor-payments https://www.nd.gov/omb/vendor mailto:infospo@nd.gov mailto:infospo@nd.gov https://www.nd.gov/omb/vendor/bidder-resources

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

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

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

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

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

9. Bid Response Opening. All Bid Responses received by the Bid Response closing deadline will be publicly opened by the Purchasing Agency at the mailing/delivery location indicated in this solicitation. Interested parties are invited to attend the Bid Response opening.

10. 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 the SPO Online website:

https://www.nd.gov/omb/vendor.

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

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

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

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

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

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

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

16. Protests. Protests of the Solicitation must be received by the Procurement Officer within seven days before the Bid

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

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

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

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

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

19. Withdrawal or changes to a Bid Response prior to the Bid Response closing deadline. Before the Bid

Response closing deadline, the Bidder’s authorized representative may withdraw or change a Bid Response by making a written request to the Procurement Officer.

20. Withdrawals or changes to a Bid Response after the Bid Response opening date and time. After Bid

Response closing deadline, no changes may be made to Bid Responses, 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.

http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://www.nd.gov/omb/vendor 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 http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

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

• All or none.

2. Award, Local Emergency Service. Emergency service on-site within two (2) hours after receipt of notification from Purchasing Agency is required. Bidder must have facilities or service providers within a commuting distance to meet this requirement.

3. 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 OMB Guidelines on North Dakota Preference Laws.

4. 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.

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

6. 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)

7. 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)

8. 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.

9. 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)

10. 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 March 1, 2020 or its Effective Date, and ends on

February 28, 2022

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 twenty-four (24) 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 three options to renew this Contract under the same terms and conditions for a period of twenty-four (24) 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 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 Purchasing Agency. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within seven (7) 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. Fuel surcharges. Fuel surcharges may be negotiated between Contractor and State when fuel prices rise 15% or more from the fuel prices in effect on the day the solicitation is opened. The prices for transportation will be variable based upon the current fuel rates (e.g. Department of Energy website: http://www.eia.gov/petroleum/gasdiesel/) specifically the Midwest (PAAD 2).

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 http://www.eia.gov/petroleum/gasdiesel/

Requests for fuel surcharges must be submitted in writing to the procurement officer. Within 30 days the State will accept and amend the contract, reject and allow the contract to continue, or cancel the contract. The amount and duration of the surcharge will be based on the evidence submitted and current fuel prices.

9. Product Substitutions, Additions and Deletions. Contractor shall provide prompt written notification to the State if the contract item has become unavailable. The State reserves the right to approve a substitute or reject the offered product. The State may choose, by use of written amendment, to add or delete contract items at any time.

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

Agency within one (1) working day of the order placement.

11. 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.

• The Purchasing Agency will contact the CONTRACTOR and establish the frequency of delivery, products and services provided, and the service schedule. If delivery requirements cannot be met within the specified time, the CONTRACTOR must notify the Purchasing Agency in writing of the delay and the approximate date delivery may be expected. CONTRACTOR must have the ability to meet local service and emergency service requirements as listed in item 2 (Award, Local Emergency Service) of section 2 (Evaluation and Award.)

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

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

13. 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.

13. 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.

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.

14. Invoicing.

Orders will be placed by state agencies and institutions.

15. 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.

16. 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.

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

• Pricing, Firm-Fixed with Adjustment Provisions. Pricing shall be firm for the first 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.

18. 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)

19. 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.

20. Background Checks for CONTRACTOR Personnel. The Purchasing Agency requires all background checks to be performed on all CONTRACTOR Personnel who will access the facility.

CONTRACTOR shall provide the Purchasing Agency with the names of all individuals that will have access to the premises, background checks for each individual for approval by the Purchasing Agency, copy of the CONTRACTOR’s staff’s photo ID, and a passport style photo in jpg file format of the employee to be placed on the badge. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. The badges shall be clearly worn by CONTRACTOR staff for ease of identification. CONTRACTOR will be responsible for notifying the Procurement Officer or designee if any CONTRACTOR Personnel changes and provide background checks for any new CONTRACTOR Personnel. Under no circumstance shall any CONTRACTOR Personnel have access to the facility without a background check and approval by the Purchasing Agency. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the CONTRACTOR’s responsibility. At any time during the contract period, the Purchasing Agency may request the CONTRACTOR to provide updated background checks of any CONTRACTOR Personnel that have access to the premises. As employees are no longer assigned to work at the facility by the CONTRACTOR, CONTRACTOR must notify the Purchasing Agency and return issued badges (State property) to the Purchasing Agency.

21. Travel. CONTRACTOR acknowledges travel costs are covered by the Contractual Amount and shall not invoice STATE for travel costs.

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. Contractor agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers and employees (State), from and against claims asserted by third parties on account of any property damage, personal injury, or death directly arising out of the negligence or willful misconduct of Contractor or its representatives in the provision of services, Non-standard Merchandise and/or merchandise hereunder or based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. This obligation to defend, indemnify, and hold harmless does not extend to professional liability claims arising from professional errors and omissions. The legal defense provided by Contractor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Any attorney appointed to represent the State must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08. Contractor also agrees to defend, indemnify, and hold the State harmless for all costs, expenses and attorneys' fees incurred if the State prevails in an action against Contractor in establishing and litigating the indemnification coverage provided herein.

This obligation shall continue after the termination of this agreement.

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 and Contractor shall require all subcontractors, prior to commencement of an agreement between Contractor and the subcontractor, to 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:

a) Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

b) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

c) Workers compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this contract.

d) Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

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

a) 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.

b) The duty to defend, indemnify, and hold harmless the State under this agreement shall not be limited by the insurance required in this agreement.

c) The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insured. The State shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor.

d) The insurance required in this agreement, through a policy or endorsement, shall include:

1) a “Waiver of Subrogation” waiving any right to recovery the insurance company may have against the

State;

2) a provision that Contractor’s insurance coverage shall be primary (i.e. pay first) as respects any insurance, self-insurance or self-retention maintained by the State and that any insurance, self-insurance or self-retention maintained by the State shall be in excess of the Contractor’s insurance and shall not contribute with it but only as respects this contract;

3) cross liability/severability of interest for all policies and endorsements;

4) The legal defense provided to the State under the policy and any endorsements must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary;

5) The insolvency or bankruptcy of the insured Contractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Contractor from meeting the retention limit under the policy.

e) The Contractor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement. All endorsements shall be provided as soon as practicable.

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

g) Contractor shall provide at least 30-day notice of any cancellation to the policies or endorsements.

SECTION 5

SCOPE OF WORK AND REQUIREMENTS

COMPREHENSIVE PREVENTATIVE CENTRIFUGAL & SCREW-TYPE CHILLER EQUIPMENT

MAINTENANCE PROGRAM

Testing and Servicing. The testing and servicing required in the Bid Response to be provided by the Contractor, as a part of the Comprehensive Preventative Centrifugal & Screw-Type Chiller Equipment Maintenance Program, must be performed by a qualified technician with a minimum of five (5) years working on Trane chiller systems. The Contractor agrees to provide professional chiller equipment maintenance services required for a Comprehensive Preventative Centrifugal & Screw-Type Chiller Equipment Maintenance Program on the Purchasing Agency’s chiller equipment.

Contractor Obligations. The Contractor shall:

a. Perform inspections during normal business hours (8AM-4PM, Monday through Friday) unless otherwise agreed to by Purchasing Agency.

b. Always perform all services and functions in strict accordance with current technical work standards and criteria, measurement techniques, methods and guidelines, consistent with federal, state, and local statutes, rules and regulations for the work outlined in Section 2.

c. Warrant that services rendered are performed by insured, qualified personnel, as evidenced by their education, training and experience. Services shall be performed in a competent, efficient manner to the satisfaction of Purchasing Agency or a designated employee. Service will not be considered complete until the equipment is operating in accordance with manufacturer’s performance standards and work has been accepted and approved by Purchasing Agency.

d. Furnish a signed, comprehensive service report after each scheduled maintenance, call back, or repair. The report shall include the date, Contractor’s time of arrival and departure, work performed, centrifugal and rotary screw equipment serviced, defects found and corrected and any recommended corrective action. The report must be signed by a Purchasing Agency employee prior to Contractor’s service technician leaving the campus.

A service report book containing all scheduled maintenance, call backs, repairs and adjustments will be maintained in Purchasing Agency’s Plant Service Office.

e. Check-in at the Plant Service Office prior to performing any scheduled preventative maintenance, call back, repair or adjustment on State’s chiller equipment. This will allow Purchasing Agency personnel the opportunity to provide input to Contractor regarding areas of concern, will insure adequate communication between Contractor and Purchasing Agency, and will be the point of origin where Contractor checks out keys necessary to access the building in which services will be performed.

f. Maintain a spare parts inventory to enable Contractor to have Purchasing Agency’s chiller equipment operational within the least amount of down time. All parts furnished and installed by Contractor shall be genuine replacement, made specifically for the chiller equipment on which they are being used. No makeshift or substitute parts shall be permitted for making repairs and all workmanship shall be performed in accordance with the manufacturer’s specifications.

g. Clean up and dispose of all debris, waste lubricants, solvents, rags, surplus material and other contaminates in a proper and legal manner following environmental guidelines. Waste lubricant and solvents shall not be disposed of at Purchasing Agency. Contractor agrees to leave the job site in a clean and orderly condition and to allow Purchasing Agency to inspect all work to ensure it meets Purchasing Agency’s approval.

h. Respond to all service calls within twenty-four (24) hours from the time of the call and have a service representative at the jobsite to perform the required service within this time period.

i. Respond to emergency service calls within two (2) hours from the time of the call and have a service representative at the jobsite to perform the required service within this time period.

j. Conduct their work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the occupants of buildings, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the proper authorities. Fire hydrants on or adjacent to the work site shall always be kept accessible for fire-fighting equipment.

k. Take all necessary precautions to protect the work area to avoid unnecessary noise, confusion, dust or dirt, and protect the health and safety of occupants of buildings and surrounding work areas. When equipment and other items must be removed during the performance of the work, it shall be Contractor’s responsibility to check with appropriate Purchasing Agency personnel to obtain the required approval before moving any equipment and/or other items.

l. Be responsible for any damage by his company during the course of completing his work to any building or structure and shall repair to match existing materials or surfaces to the satisfaction of the Purchasing Agency’s representative. Contractor shall at his own expense replace any materials damaged to an extent that they cannot be restored to their original condition. Contractor shall be responsible and liable for injury to any life or property during the course of their work. Should a breakdown to Purchasing Agency absorption equipment occur due to the negligence of Contractor, Contractor will be liable for all repair costs.

m. Conduct an inspection into any accident and/or injury to any person during the performance of services under this agreement. Provide Purchasing Agency with a written report detailing the specific cause of the accident/injury and any corrective action taken within five (5) working days of the incident.

n. Comply with all existing Purchasing Agency policies, including internal safety policies, and with the safety requirements for Contractors working on Purchasing Agency Property.

Purchasing Agency Obligations. The Purchasing Agency shall:

a. Designate personnel to accompany Contractor to designated service locations.

b. Make available to Contractor, reasonable and safe access to the service locations

c. Shutdown, as necessary, equipment to be serviced by the Contractor.

Services described below shall be provided as part of the Comprehensive Preventative Maintenance Program. Bidders must respond with all-inclusive flat rates for operating inspection(s), annual maintenance, and Eddy Current analysis, as requested in section 6, Bid Response. By all-inclusive, the bidder’s response for each rate shall include any and all travel, labor, time, materials, etc.

OPERATING INSPECTION(S) – TWO PER YEAR

a. Take complete operating log (pressures, temperatures, levels, voltage, amperes, etc).

b. Make any required adjustment to levels, pressures, or controls.

c. Check cooling tower for condition, operation and needed maintenance.

d. Check chilled and condenser water pumps.

e. Check operation of purge system.

f. Check DDC controls for proper calibration & operation.

g. Check oil sump heaters.

h. Check operation of all safety controls located outside of machine control panel.

i. Check and review Purchasing Agency’s operating logs with Purchasing Agency representative to discuss operation of the machine.

j. Report chiller, cooling tower or system problems to Purchasing Agency’s representative and provide copy of operating log.

k. Collect samples of oil for laboratory analysis. Contractor shall report results to Purchasing Agency’s representatives.

l. Check condition of motor starter.

m. Comprehensive Inspection Report - Provide Purchasing Agency with a comprehensive report listing work performed, defects found and corrected, and any recommended corrective action taken following each regular inspection or emergency call.

n. All-inclusive rate per unit for each operating inspection.

ANNUAL MAINTENANCE – ONE PER YEAR

a. Review laboratory report for potential leakage problems or high ammonia problems.

b. Check for pneumatic air leaks inside pneumatic control panel and DDP controls for proper calibration and operation.

c. Tighten terminals in electrical panel.

d. Review oil analysis report with Purchasing Agency representative.

e. Meg centrifugal oil pump motor and centrifugal motors.

f. Check load and unload controls and operator.

g. Check machine vacuum and record on annual maintenance log form.

h. Inspect tubes in both the evaporator and condenser for fouling or scale. Contractor shall clean scale from tubes as needed. Contractor shall provide the gaskets and O-rings. Purchasing Agency shall perform the labor.

i. Review purge records to determine leak rate of chiller.

j. Check calibration of operating controls.

k. Check calibration of safety controls.

l. Provide customer with copy of log form and review conditions noted.

m. Check motor contactors.

n. Check chilled water and condenser in addition to water flow switches.

o. Check oil sump heaters. Contractor shall inspect the oil sump and oil filter. If after the Annual Maintenance

Inspection is performed and it is deemed necessary to replace the oil filter; the Purchasing Agency will have the Contractor replace the oil filter on a time and materials cost in accordance with the rates provided by the Contractor in section 6, Bid Response.

p. Clean purge unit and replace refrigerant filters.

q. Inspect refrigerant monitors and replace carbon and air filters as necessary.

r. Comprehensive Inspection Report - Provide Purchasing Agency with a comprehensive report listing work performed, defects found and corrected, and any recommended corrective action taken following each regular inspection or emergency call.

s. Perform vibration analysis on a minimum of 3 data points on the chillers, including rotary screw chiller, and provide report back to Purchasing Agency.

t. Perform condenser fin cleaning on screw-type chiller.

u. All-inclusive rate per unit for annual maintenance servicing.

EDDY CURRENT ANALYSIS – ONCE EVERY 5 YEARS

a. Perform eddy current analysis for corrosion, support wear, freeze bulges, split fins, leakers and pitting on condenser tubes. Review laboratory report for potential leakage problems or high ammonia problems.

b. Includes analysis and gaskets.

c. All-inclusive rate per analysis.

NON-EMERGENCY SERVICE TIME/LABOR RATE – AS NEEDED

a. Contractor shall perform scheduled service calls as requested by the Purchasing Agency during regular business hours (7:00 a.m. – 5:00 p.m. CT).

b. Hourly rate.

EMERGENCY ON-CALL SERVICE TIME/LABOR RATE – AS NEEDED

a. Contractor shall respond to emergency service calls within two (2) hours from the time of the call with arrival of a service representative at the jobsite to perform the emergency service work.

b. Hourly rate.

MATERIALS PERCENTAGE-OFF DISCOUNT

a. Percentage off discount for materials to be charged when performing non-emergency or emergency services.

CENTRIFUGAL & SCREW-TYPE CHILLER EQUIPMENT OVERHAUL – AS NEEDED

a. Perform overhaul of centrifugal and screw-type chiller equipment per manufacturer’s recommendations.

b. Include all costs associated with performing overhaul per unit.

c. Include bearing replacement costs.

d. All-inclusive rate for overhaul per unit.

ATTACHMENT 2 – BID RESPONSE REVISED

AMENDMENT 2

SECTION 6

BID RESPONSE REVISED

COMPREHENSIVE PREVENTATIVE CENTRIFUGAL & SCREW-TYPE CHILLER EQUIPMENT

MAINTENANCE SERVICES

PURCHASING AGENCY 1: JOB SERVICE

Item No. Equipment Details

Operating Inspection – All-inclusive rate per

Item per Inspection

Annual Maintenance – All-inclusive rate per Item

Eddy Current Test – All-inclusive rate per Item

Overhaul – All-inclusive rate per Item

Trane, 112-ton Centrifugal Chiller Model:

PCV-1C-C202

Serial: L2L15846

Building: Divide Ave Freon: 113

$475.00 $665.00 $1,050.00 $19,750.00

GRAND TOTAL FOR CHILLER SERVICES (Purchasing Agency 1): $21,940.00

Other Services and Products:

Item Description Unit Est Qty Unit Price / % Discount Total Price

1 Non-Emergency Service Time/Labor Rate

Hourly Rate hours $116.00 $11,600.00

2 Emergency On-Call Service Time/Labor Rate

Hourly Rate 50 hours $126.00 $6,300.00

3 Materials Percentage-Off Discount % $5,000 in materials 15% off $4,250.00

4 R-113 Refrigerant – as needed

Cost per

lb. 25 lbs.