finaldraft988-36-26-050.pdf

RFP 988-36-26-050- – Snow Removal and Landscaping Services – Oriska Rest Area

State of North Dakota

North Dakota Department of Transportation

608 E Boulevard Ave

Bismarck, ND 58505

Request for Proposal (RFP)

RFP Title: Snow Removal and Landscaping Services – Oriska Rest Area

RFP Number: 988-36-26-050 - SRC000458

Issued: 09/24/2026

Table of Contents

1. Section One – Instructions

1.1 Purpose of RFP

1.2 Procurement Officer Contact Information

1.3 Definitions

1.4 RFP Schedule

1.5 Assistance to Individuals with a Disability

1.6 Secretary of State Registration Requirements

1.7 Supplier Registration

1.8 NDBuys State Procurement Website

1.9 Amendments to the RFP

1.10 Deadline for Questions and Objections

1.11 Preproposal Conference or Site Inspection

1.12 Offer Held Firm

1.13 Offeror Responsible for Costs

1.14 Taxes

1.15 Proposal Receipt Deadline – Late Proposals Rejected

1.16 Proposal Opening

1.17 Amendment and Withdrawal of Proposals

1.18 News Releases

1.19 Conflict of Interest

1.20 Attempt to Influence Prohibited

1.21 Collusion Prohibited

1.22 Protest and Appeal

1.23 Specifications Prepared by Non-State Personnel

1.24 Supplier/Payee Registration

2. Section Two – Background

2.1 Background Information

2.2 Budget

3. Section Three – Scope of Work

3.1 Scope of Work

3.2 Applicable Directives

3.3 Requirements

3.4 Experience and Qualifications

4. Section Four – Proposal Instructions

4.1 Proposal Preparation

4.2 Proposal Submission Instructions

Email Submit in Person, by Mail, or Delivery Service........................................................................ Error! Bookmark not defined.

Copies of Technical and Cost Proposal...................................................................................... Error! Bookmark not defined.

Upload Response Through the State Procurement Website (NDBuys):

4.3 Proposal Format

4.4 Technical Proposal

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

4.5 Cost Proposal

5. Section Five – Award and Proposal Evaluation

5.1 Award

5.2 Responsiveness

5.3 Responsibility – Supplementary Investigation

5.4 Evaluation Criteria

5.5 Cost Proposal Evaluation

5.6 Clarifications of Proposals – Discussions

5.7 Right of Rejection

5.8 Best and Final Offers

5.9 Tie Proposals

5.10 Notice of Intent to Award

5.11 Contract Approval

5.12 Evaluation Debriefing

6. Section Six – Contract Information

6.1 North Dakota Contractual Requirements – Background

6.2 State Contract Terms and Conditions – Offeror’s Proposed Changes

6.3 Contract Provisions

6.4 Contractual Terms and Conditions – No Material Changes

6.5 Scope of Work

6.6 Contract Term

Attachments Attachment 1 - Cost Proposal

Attachment 2 - Technical Proposal Evaluation Worksheet

Attachment 3 - Contract

Attachment 4 – Contract Activities Schedule & Specifications

Attachment 5 – Snow Removal Map

Attachment 6 – Landscaping Map

1. Section One – Instructions

1.1 Purpose of RFP

The State of North Dakota, acting through its North Dakota Dept of Transportation, Valley City District (the STATE) is soliciting proposals for snow removal and landscaping related services at the I94 Oriska Rest Area. The exact address of the work is provided in this RFP.

1.2 Procurement Officer Contact Information

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

Procurement Officer: Jalen Sprecher

Email: jsprecher@nd.gov

Phone: 701-328-4413

TTY Users call: 7-1-1

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

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

1.3 Definitions

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

Acronym or Term Name or Definitions

Contractor: Entity that has an approved contract with the State of North Dakota

CT: Central Time Zone

OMB: Office of Management and Budget

RFP: Request for Proposal

Solicitation Begin: Date the solicitation was issued in the RFP Schedule

Solicitation End Deadline for receipt of proposals listed in the RFP Schedule – Also known as the Solicitation Closing

SPO: Office of Management and Budget, State Procurement Office

NDBuys: State Procurement Office Online system https://www.ndlegis.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642

1.4 RFP Schedule

Event

Solicitation Begin

Deadline for submission of Questions and Objections:

Solicitation Amendment with responses to Questions issued approximately:

Mandatory on site inspection.

Deadline for receipt of proposals (Solicitation End)

Date and Time

September 24th, 2026

October 8th, 2026 by 2:00 PM, CT

October 8th, 2026

October 2nd, 2026 @ 1PM CT

October 15th, 2026 by 2:00 PM, CT

Supplier registration is Required to submit a response to a solicitation posted in NDBuys. See RFP

Section 1.7 – Supplier Registration

Proposal evaluation completed by approximately October 16th, 2026

Notice of intent to award issued approximately October 19th, 2026

Secretary of State Registration, if determined to be required. Prior to Contract Signing

Contract start approximately November 1st , 2026

1.5 Assistance to Individuals with a Disability

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

1.6 Secretary of State Registration Requirements

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

See the OMB Guidelines to Vendor Registry for more information.

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

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

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

If you need to register, fees apply.

https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/vendor-reg-guidelines.pdf https://sos.nd.gov/business/vendors.html https://sos.nd.gov/firststop.html https://firststop.sos.nd.gov/search/business mailto:sos@nd.gov

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

1.7 Supplier Registration

Individuals or business entities desiring to be notified of bidding opportunities may complete supplier registration to be notified when solicitations are issued on the State’s procurement website (NDBuys) (N.D.C.C. § 54-44.4-09). Supplier registration does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a supplier.

Individuals or businesses entities completing supplier registration must provide contact information for receiving solicitation notices, Tax ID, legal structure, address and phone information. Bidders must also select the commodity codes to identify categories of goods, services, and information technology.

Supplier registration is required to submit a response to a solicitation posted in NDBuys.

Visit the OMB website for instructions:

Bidders List Registration Website

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

1.8 NDBuys State Procurement Website

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

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

Offerors that are registered for the supplier list and would like to receive notices related to this RFP, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offerors that have not yet registered for the supplier list and would like to receive notices related to this RFP and must complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides for how to register.

1.9 Amendments to the RFP

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

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

https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-leadership-and-resources-2 https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-05.pdf https://www.omb.nd.gov/doing-business-state/bidders mailto:ndbuys@nd.gov https://public.ndbuys.nd.gov/ https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources

1.10 Deadline for Questions and Objections

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

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

2. Offerors may email the question directly to the Procurement Officer.

The Procurement Officer may elect to respond to questions received after the deadline. If no deadline is specified, questions or objections must be received at least seven days prior to the proposal receipt deadline – Solicitation Closing.

Questions and objections should include a reference to the applicable RFP section or subsection.

Responses to questions and requests for clarifications will be distributed as a solicitation amendment unless the question can be answered by referring the offeror to a specific section of the RFP.

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

1.11 Preproposal Conference or Site Inspection

The STATE will hold a site inspection for the RFP. Participation is mandatory and only those Offerors in attendance are eligible to submit proposals, and proposals from Offerors not in attendance will be rejected. Questions and answers will be disseminated as a solicitation amendment to only those Offerors in attendance.

The site inspection will be held:

A. Date: October 2nd, 2026

B. Time: 1:00PM CT

C. Location: Oriska Rest Area, 12895 34th St SE, Tower City, ND 58071

1.12 Offer Held Firm

Offerors must hold proposals firm for at least 60 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.13 Offeror Responsible for Costs

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

1.14 Taxes

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

The purchasing agency will determine if services provided under this contract are Form 1099 reportable.

The purchasing agency may require the contractor to submit an IRS Form W-9.

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

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

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

1.15 Proposal Receipt Deadline – Late Proposals Rejected

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

1.16 Proposal Opening

A public opening will not be held.

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

http://www.nd.gov/tax/tax-resources http://www.nd.gov/tax/tax-resources http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf?20130424100739 https://www.legis.nd.gov/information/acdata/html/4-12.html

1.17 Amendment and Withdrawal of Proposals

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

1.18 News Releases

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

1.19 Conflict of Interest

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

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

1.20 Attempt to Influence Prohibited

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

1.21 Collusion Prohibited

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

1.22 Protest and Appeal

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-

01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

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

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

http://www.legis.nd.gov/information/acdata/pdf/4-12-04.pdf?20140130144222 https://www.ndlegis.gov/cencode/t12-1c13.pdf https://www.legis.nd.gov/cencode/t12-1c13.html https://www.legis.nd.gov/cencode/t12-1c13.html http://www.legis.nd.gov/information/acdata/pdf/4-12-04.pdf?20140130144222 http://www.legis.nd.gov/information/acdata/pdf/4-12-04.pdf?20140130144222 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf?20130417132435 http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf?20130417132435 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf?20130417132435 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130417132347 https://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf

1.23 Specifications Prepared by Non-State Personnel

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

1.24 Supplier/Payee Registration

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

https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222

2. Section Two – Background

2.1 Background Information

The mission of the North Dakota Dept of Transportation is to safely move people and goods. The mission of this RFPO is to acquire a vendor to complete snow removal and landscaping services for the Oriska Rest Area and provide a clean, neat, safe rest stop for travelers.

The Oriska Rest Area includes a landscaping area with grass, trees and other landscaping fixtures that the awarded vendor will be responsible for maintaining as listed in the specifications of this RFP. The awarded vendor will also be responsible for completing snow removal during the winter months to ensure safe access to the Oriska Rest Area year-round. A snow removal map and a landscaping layout map are provided in this RFP that will outline the expected work area.

2.2 Budget

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

3. Section Three – Scope of Work

3.1 Scope of Work

The Department of Transportation, Valley City District is soliciting proposals for snow removal and landscaping services at the I94 Oriska Rest Area. The scope of work is included in the attached Contract Maintenance Activities Schedule, Attachment 4.

3.2 Applicable Directives

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

3.3 Requirements

A. Deliverables

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

1. Provide snow removal services and groundskeeping/landscaping services at the provided frequencies at the Oriska Rest Area as detailed in the Contract Maintenance Activities Schedule in Attachment 4.

B. Location of Work/Travel

The work is to be performed, completed, and managed at the following location: I94 Oriska Rest Area, 12895 34th St SE, Tower City, ND 58071, along I94 near RP 304.

C. State-Furnished Property/Services

The STATE will provide the listed supplies in the Contract Maintenance Activities Schedule, Attachment 4.

D. Risk Management

The contractor will take appropriate measures to ensure the safety of their employees, state employees, the public, and property. The contractor must identify any potential risks, issues and problems associated with the project and identify ways to mitigate those potential risks.

E. Project Management Plan

The contractor will be expected to use appropriate project management to ensure the work is accomplished on time, within budget, and meets quantity and quality standards.

F. Contract Term, Schedule, and Deliverables

1. Contract Term

This contract will be for a two (2) year period beginning approximately November 1st, 2026 with an option for an additional two (2) year renewal option upon completion of the original contract term not to exceed 48 months.

2. Schedule and Deliverables

The STATE has identified the following deliverables which are significant work products or milestones in the project. The STATE requires these deliverables to be addressed in the Contract Schedule, at a minimum. The contractor shall develop a schedule for accomplishing the Scope of Work, including these specific deliverables. The final schedule shall be agreed upon between the STATE and the successful Offeror and incorporated into the contract. The approximate schedule for this contract is as follows:

a. Contract start: approximately November 1st, 2026

b. “Kick off” meeting/conference call: Within two weeks of contract start date

3.4 Experience and Qualifications

A. Minimum Qualifications

No specific minimum qualifications have been set for this RFP.

The Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive to the RFP and will be rejected.

B. Experience

The Offeror must have a minimum of two years of experience providing similar services with favorable references from the contract or business owner. These references are required to be eligible for award.

4. Section Four – Proposal Instructions

4.1 Proposal Preparation

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

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.”

Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 Proposal Submission Instructions

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

Upload Response Through the State Procurement Website (NDBuys):

Offerors must be registered in NDBuys in order to submit a response.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides Website for how to register.

Once registered, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offeror must electronically submit proposals through the State’s procurement information system (NDBuys) by the Solicitation Closing deadline.

NDBuys Website

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

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

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. 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.

https://www.omb.nd.gov/doing-business-state/bidders/bidders-list-registration-and-maintenance https://public.ndbuys.nd.gov/ mailto:ndbuys@nd.gov

Visit NDBuys Quick Reference Guides for the NDBuys Quick Reference Guides which describe how to submit an electronic response.

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

The maximum file size allowed is 56MB or 56,120 KB per file.

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

Offeror will be able to confirm that a response has been submitted by reviewing the History tab of the solicitation and confirming that proposal status is submitted. If Offeror DOES NOT see that it has been submitted, the upload was NOT successful. Contact supplier support at +1 (701) 540 9648 or support-northdakota@ivalua.com.

4.3 Proposal Format

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

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

Section 1 – Cover Letter

Section 2 – RFP Amendments

Section 3 – Scope of Work Strategy

Section 4 – Experience and Qualifications

Section 5 – Contract Provisions

Section 6 – Open Records and Confidentiality

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

4.4 Technical Proposal

Section 1 – Cover Letter Proposals shall include a cover letter that includes the following:

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

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

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

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

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

https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources mailto:support-northdakota@ivalua.com mailto:support-northdakota@ivalua.com

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

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

Section 2 – RFP Amendments Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

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

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract.

2. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the STATE’s project schedule.

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

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

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

Section 4 – Experience And Qualifications Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFP Section 3, Scope of Work, Experience and Qualifications.

Experience and Qualifications of the Firm

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

Experience and Qualifications of the Project Team

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

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

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

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

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

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

Section 5 – Contract Provisions Offeror shall review the RFP Section 6 and the STATE’s contract – Attachment 3.

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

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

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

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

Section 6 – Open Records and Confidentiality All proposals and other material submitted become the property of the STATE and may be returned only at the STATE’s discretion. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws.

Proposals or portions of proposals may be confidential only if specifically stated in law.

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

Offeror must provide one of the following in their proposal:

http://www.legis.nd.gov/cencode/t54c44-4.pdf?20131002103938

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

• Make a written request to hold confidential any trade secrets and other proprietary data contained in their proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information at North Dakota Office of the Attorney General website and North Dakota Office of the Attorney General Open Records website

If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.5 Cost Proposal

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

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

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

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

5. Section Five – Award and Proposal Evaluation

5.1 Award

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

5.2 Responsiveness

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. The STATE reserves the right to waive minor informalities in accordance with N.D.A.C.

chapter 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors. Responsive proposals will be evaluated by the Procurement Officer or evaluation committee using the evaluation criteria stated within the RFP.

5.3 Responsibility – Supplementary Investigation

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

The STATE may, at any time, make a supplementary investigation as to the responsibility of any Offeror in accordance with N.D.A.C. § 4-12-11-04. This investigation may include, but is not limited to, financial https://www.legis.nd.gov/cencode/t44c04.pdf https://www.legis.nd.gov/cencode/t44c04.pdf https://attorneygeneral.nd.gov/open-records-meetings http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf?20130430132759 http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf?20130430132759 http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf?20140130152917 responsibility, capacity to produce, sources of supply, performance record, or other matters related to the Offeror’s probable ability to deliver if a contract is awarded to the Offeror. If it is determined that an Offeror appears not to be sufficiently responsible, the proposal will be rejected.

5.4 Evaluation Criteria

Proposals will be evaluated using a 100 point scale. The evaluation committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment 2. The Technical Proposal evaluation score and Cost Proposal evaluation score will be added together to determine the total evaluation score. After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued. The final evaluation score will consider information received by the STATE, including but not limited to, discussions with Offerors, demonstrations, presentations, site visits, reference checks, and best and final offers.

The evaluation criteria and relative weight is as follows:

Technical Proposal Evaluation: 60 Points

A. Scope of Work Strategy – 30 Points

B. Experience and Qualifications – 30 Points

Cost Proposal Evaluation: 40 Points

Minimum Technical Score: Technical proposals must receive at least 40 of the total points available for the Technical Score to be considered responsive to the RFP requirements.

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

5.5 Cost Proposal Evaluation

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

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

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

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

(Price of Lowest Cost Proposal/Price of Proposal Being Rated) X Total Points for Cost Available = Awarded Points https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/guidelines-to-nd-purchasing-preference-laws.pdf https://www.legis.nd.gov/cencode/t44c08.pdf

5.6 Clarifications of Proposals – Discussions

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

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

5.7 Right of Rejection

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

5.8 Best and Final Offers

The STATE is not obligated to request best and final offers; therefore, Offerors should submit their best terms (technical and cost) in response to this RFP.

If the STATE determines there is a need for additional information, substantial clarification or changes to the RFP or proposals, the STATE may request for best and final offers from Offerors that have submitted proposals determined to be reasonably susceptible for award. The best and final offer request will describe the additional information, clarification, or change being requested.

A date and time will be established for receipt of revised proposals. If an Offeror does not submit a best and final offer, the STATE shall consider its original proposal its best and final offer. Best and final offers will be evaluated using the evaluation criteria stated in the RFP. The STATE may request more than one best and final offer.

5.9 Tie Proposals

In the event that two or more proposals contain identical pricing or receive identical evaluation scores, N.D.C.C. § 54-44.4-05.1 requires preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. In the event the tie is not resolved by application of this law, N.D.A.C. § 4-12-11-05 will be applied.

5.10 Notice of Intent to Award

After proposals have been evaluated and the successful Offeror selected, a notice of intent to award will be promptly issued to all Offerors that submitted proposals. Upon issuance of this notice, the procurement file becomes an open record. The successful Offeror named in the notice of intent to Award is advised not to begin work, purchase materials, or enter into subcontracts until the successful Offeror and the STATE sign the contract.

5.11 Contract Approval

https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t44c08.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-11.pdf

This RFP does not, by itself, obligate the STATE. The STATE's obligation shall commence when the STATE signs the contract. Upon written notice to the contractor, the STATE may set a different starting date for the contract. The STATE shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the STATE.

5.12 Evaluation Debriefing

After the notice of intent to award is issued, Offerors may contact the Procurement Officer to schedule an evaluation debrief. The debrief will provide information about the evaluation process and proposal scores.

RFP 910-39-26-050-02 – Snow Removal and Landscaping Services – Oriska Rest Area

6. Section Six – Contract Information

6.1 North Dakota Contractual Requirements – Background

As a public institution and government entity of the State of North Dakota (the STATE), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent the STATE from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable.

While these Requirements occasionally make the process of negotiating a contract with the STATE more challenging than negotiating with a private industry business, these are not unique to any one agency of the State of North Dakota. These Requirements apply to all public institutions and government entities of the State of North Dakota. Although some are unique to North Dakota, the majority of these Requirements are common to public institutions and government entities throughout the United States.

6.2 State Contract Terms and Conditions – Offeror’s Proposed Changes The STATE intends to execute a contract substantially similar to the contract – Attachment 3 The Offeror will be required to sign the contract attached to this RFP and must comply with the terms and conditions. The STATE may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

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

Pursuant to N.D.A.C. § 4-12-11-06, proposals subject to conditions imposed by the Offeror may be rejected as nonresponsive, as determined by the STATE. Proposed terms and conditions that conflict with those contained in the attached contract or that diminish the STATE’s rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the proposal and a term or condition in the attached contract.

Part or all of this RFP and Offeror’s proposal may be incorporated into the attached contract.

The STATE may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

6.3 Contract Provisions

A. Contract Type

The contract type will be as follows:

Firm Fixed Price. The contractor will be required to hold the price firm for the first twelve (12) months of the contract period, except as otherwise provided in the contract.

B. Payment Procedures Compensation and payment terms will be set forth in the contract based upon the successful Offeror’s proposal. The STATE will not make any advanced payments before performance by the contractor under this contract.

http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf?20140130152917

The STATE will pay the entire contract amount in 24 equal payments. Each incremental payment will be made after the work for that month has been completed, the Offeror submits an invoice, and the work is approved by the STATE.

C. Inspection & Modification

The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the STATE. The STATE may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

Should the STATE determine that corrections or modifications are necessary to accomplish its intent, the STATE may direct the contractor to make changes.