State Of North Dakota Invitation For Bid (IFB) (April 2026)

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

Purchasing Agency (State): Office of Management and Budget, State Procurement Office Procurement Officer: Lindsey Matter Email: Lmatter@nd.gov Phone: 701-328-7163 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)] Solicitation Question Deadline Offerors should carefully review the IFB including all attachments. Offerors 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.

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.

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

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

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.

A person or firm interested in submitting a response 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).

NDBuys State Procurement Website This IFB 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 IFB:

NDBuys website Notices related to this IFB 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 IFB, 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 IFB and must complete the supplier registration. See NDBuys Quick Reference Guides for how to register.

Supplier registration is required to submit a response to a solicitation posted in NDBuys. See Section 1, Subsection 4 – Supplier Registration.

Section 1 Offeror Instructions Offeror Checklist: Have you remembered to?

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

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

· Sign your bid, and initial any changes or corrections

· Upload Excel Sheet, Attachment 1 MBL Cost Response

· Upload Word Document, Attachment 2 Response Form Order Levels

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

· 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.

· Submit any required samples or documents.

Definitions:

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

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

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

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.

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

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.

Solicitation: a document to notify prospective Offerors of a bidding opportunity.

Solicitation Begin: Date the solicitation was issued.

Solicitation End: Deadline for receipt of responses; also known as the Solicitation Closing N.D.A.C.: North Dakota Administrative Code; rules with the force and effect of law.

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

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

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

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

NDBuys: a procurement information website maintained by the State Procurement Office pursuant to N.D.C.C. § 54-44.4-14.

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

See the OMB Guidelines to Vendor Registry for more information.

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

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

Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1) if you need to register, fees apply.

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

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

Visit the OMB website for instructions:

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

Submission Instructions: Please follow these instructions to submit your Bid Response. Bid Responses must be received by the Procurement Officer by the Bid Response deadline. Offerors 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 to the Procurement Officer.

Offerors MUST be registered in NDBuys in order for their in person, by mail or delivery service submitted response to be considered in evaluation.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides 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.

Offerors may submit Bid Response in a sealed envelope or package to the following address. Offerors may email Bid Responses to a third party to place in a sealed envelope and deliver by the Bid Response deadline. Contact the Procurement Officer to confirm receipt. Offeror shall submit one (1) copy of the Bid Response on a USB Flash Drive or other storage device. If an Excel file is provided, do not convert the Excel spreadsheet into a PDF file.

IFB #: SRC000456

IFB Title: Commercial Food Products ATTN: Lindsey Matter State Procurement Office Office of Management and Budget 600 East Boulevard Avenue Bismarck, ND 58505

The STATE assumes no responsibility for delays caused by any delivery service. Postmarking by the Bid Response deadline shall not substitute for actual Bid Response receipt by the STATE. The STATE’s time of receipt will used to determine timely receipt.

Upload Response Through the State Procurement Online System (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 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 be electronically submit a response through the State’s procurement information system (NDBuys) by the Bid Response deadline.

NDBuys Website In NDBuys, all vendors will need to click on the “Item” tab in the solicitation and respond with a 1 for Yes to the question, “Are you able to provide the items/services described in this RFP.”

Do not wait until the “last minute to submit a response. We recommend uploading your response 24 hours prior to the Bid Response deadline.

Offeror must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a response 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 Bid Response deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

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

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

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 response 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.

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

Assistance to Offerors with a Disability: Offerors with a disability that need an accommodation must contact the Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

Bid Response Held Firm: Bid Responses are not awarded at the bid opening. Offerors must hold their Bid Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

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

Webinar or Conference Call on November 2, 2026, 2:00 PM, CT Participation Instructions:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/2957399032458351?p=gfYUBKUcUWJQgzaLZL Meeting ID: 295 739 903 245 835 1 Passcode: dW6Qy9uA

Need help? | System reference Dial in by phone +1 701-328-0950,,336890983# United States, Bismarck Find a local number Phone conference ID: 336 890 983# Join on a video conferencing device Tenant key: teams@join.nd.gov Video ID: 113 955 340 7 More info For organizers: Meeting options | Reset dial-in PIN

Bid Response Results: Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received and the award. Bid results summary may be requested from the Procurement Officer.

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

Multiple Bid Responses: Offerors 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.

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.

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

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

Signature: The Offeror’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) Specifications, Compliance: All Bid Responses must comply with the stated specifications, and the successful Offeror will be held responsible. Offeror 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 deadline, so the Procurement Officer can determine whether the specifications need to be amended.

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.

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.

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

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

Section 2 Evaluation and Award

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

Multiple awards to more than one bidder. Three (3) Vendors will be awarded contracts. Commercial food products costs are always fluctuating and with the limited budget that DOCR and other entities have they need to have the ability to buy their food at the best price possible every time. The multiple award will enable the State to buy products at the lowest possible price from all three vendors. It is in the best interest of the State to award to multiple bidders. This contract will not be mandatory.

2. Award – Preference Law: The reciprocal preference law, N.D.C.C.§ 44-08-01, was repealed effective August 1, 2023.

3. Award – Tie Bid Response Preference: If a tie occurs between two or more Offerors with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must be given to a resident North Dakota Offeror, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. (N.D.C.C. 54-44.4-05.1)

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

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

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

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

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

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

9. Rejection: The STATE reserves the right to reject any and all Bid Responses in whole or in part. The Procurement Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

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

b. the Bid Response is determined to be late;

c. the Offeror fails to comply with supplier registration requirements by the stated deadline;

d. the Offeror 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 Offeror, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09)

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. 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 January 1, 2027, and ends on December 31, 2027.

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

c. Renewal Option: STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to five (5) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each (Renewal Term).

d. Extension Option: STATE may extend this Contract for an additional period, not to exceed 12 months, beyond the current termination date of this Contract.

3. 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.

4. 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)

5. 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.

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

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

7. Ordering Website: CONTRACTOR will be required to establish a secure website for online ordering under this contract. The ordering website must be limited to commodities offered under this contract.

8. Order Confirmation: The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering Agency within 2 working days of the order placement.

9. Training: CONTRACTOR will provide training at no expense to the STATE at requested locations if desired.

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

· Delivery is required by the date indicated in the Specifications of this solicitation.

11. 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 any North Dakota location. All freight and handling is to be included in the item price. Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

12. Upon Request Only- Sample Submission Requirement: Offerors must provide representative samples of the commodity being offered at no cost to the STATE to ensure compliance with the specification. All samples must be marked to show the Offeror’s name, the bid number and title, and the bid item number. Upon request of the Offeror, samples not destroyed by examination or testing will be returned at the expense of the Offeror. If the Offeror does not request return of the sample within 7 days after notice of award, the sample will become property of the STATE (N.D.A.C. § 4-12-08-11).

The successful Offeror may be requested to furnish/send samples to evaluate comparable products prior to award.

Samples received late may be waived as a minor informality provided the sample is provided within the time limit set by the Procurement Officer.

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.

14. Inspection and Acceptance or Rejection: The STATE reserves the right to conduct inspections and investigations related to the Offeror 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 Offeror. 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 supplier 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.

15. Invoicing:

Orders will be placed by state agencies and institutions.

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. Offerors may contact the Procurement Officer to obtain the Purchasing Agency’s tax exemption number and tax-exempt certificate.

16. 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 30 days of the contract period. After the 30-day 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.

17. 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)

18. 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 an Offeror is rejected as not being equivalent, the Procurement Officer will send a rejection notice, including the reason for rejection.

19. 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 Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by the Purchasing Agency. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. 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.

20. Time is of the Essence: Time is of the essence for performance under this Contract unless otherwise agreed in writing by the Parties.

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

Section 4 Risk Management Requirements Offerors 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. The State and Contractor each agrees to assume its own liability for any and all claims of nature including all costs, expenses and attorneys’ fees which may in any manner result from or arise out of this agreement.

2. Insurance: Insurance provisions are incorporated and made part of this solicitation and resultant contract. Offerors are instructed to review the Insurance Requirements. The successful Offeror 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:

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

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.

Employer’s liability or “stop gap” insurance of not less than $2,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

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

1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The amount of any deductible or self-retention is subject to approval by the State.

2) 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.

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

4) The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy on a primary and noncontributory basis, 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.

5) A “Waiver of Subrogation” waiving any right to recovery the insurance company may have against the State.

6) 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.

The Contractor shall provide a certificate of insurance prior to commencement of this agreement and any required endorsements as soon as practicable electronically to:

Lindsey Matter of State Procurement Office at: Lmatter@nd.gov

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

8) Contractor shall provide at least 30-day notice of any cancellation or material change to the policies or endorsements. Contractor shall provide on an ongoing basis, current certificates of insurance during the term of the contract. A renewal certificate will be provided 10 days prior to coverage expiration.

Section 5 Bid Response Form Specifications Section 1 Definitions The following definitions apply to this IFB.

Food Products may include, but are not limited to:

· Bakery ingredients

· Bottled beverages and juices

· Commercially prepared foods of all types

· Canned products, condiments

· Dairy –Cheese, Butter

· Dried food products, pasta

· Frozen food products

· Seasonings

· Various food service menu products

· Fresh or Specialty Meats,

· Fresh fruits & vegetables

· Flour

Items that are permissive to buy off contract:

· Dairy, such as liquid milk products

· Coffee or Coffee Service

· Fresh Bread

· Condiments- dressings, ketchup, mayo etc.

1.02 Cost Definitions

A. Estimated Annual Usage: (Est. Use :) refers to the estimated number of cases of this item purchased annually. The estimated annual usage will be used to compute the total price of that line-item cost offered.

B. Defined Cost: The total of the Vendor’s invoice offered price per case, combined with factors that will include inbound freight, minus customer allowance and the other off invoice allowances. This will be used to determine the invoiced “State Price” per selling unit. All item prices shall be limited to two decimal points.

Example $20.25 is responsive; $20.254 will not be considered responsive.

C. Selling Unit: Unit of Case or Pail or Carton or Bag or a variation of the shipping pack, which is determined by the total of the units of measure defined in the food product description and offered for sale. For example: Corn, Canned, 6/#10 cans, Case is the selling unit. Example: Sugar Packets, 2000 Packets/Case; Case is the selling unit. Example: Flour, White, 25# Bag; Bag is the selling unit.

1.03 Product Definitions

a) Grade: (Grd.) Refers to USDA grading of produce, meats, dairy, and eggs. Grade A is the highest grade available for produce, and dairy. Grade AA is the highest grade available for fresh eggs. U.S. No. 1 is the highest grade for dried beans and peas. Highest grade is required for this contract.

b) Standard Unit Of Measure: May be the same as Pack/Size which refers to institutional case quantity and packaging. (e.g., 6/28 Ct = 6 packages, each having a count of 28, for a total quantity of 168 count.) In some cases, to ease the bidding process, the food item has been broken down to the pound or ounce as the unit of measure.

c) Alternate Unit of Measure: Any deviation from the Standard Unit of Measure as set forth in the Market Basket Cost Response Form, Part One.

1.04 Commercial Food Products Market Basket List:

The Market Basket is comprised of 110 items that represent significant spend on the current State contract. The Market Basket prices will be a fixed fee comprised of the suppliers defined cost. The Commercial Food Market Basket List may be known as MBL.

1.05 Commercial Food Products Market Basket List (MBL) detailed specifications defined:

a) If “acceptable brands only,” or "no substitutes" requirements are set forth, the product must be provided as specified.

b) If a “brand” is “referenced”, any offerings must be equal to or better than the referenced brand. State will be the sole judge in determining “equal” products.

c) If no acceptable “brand” is noted in the cost response specifications for a specific food product; then “private label “food product of the highest grade may be offered.

1.06 Commercial Food Products Mark Up Product List (MUL):

Vendors may supply other food products in addition to items in the Market Basket. Bidders are instructed to supply a complete offering of their products, without State’s listed exclusions. Additional items shall include a mark-up percentage from supplier’s cost, including freight and other rebates or discounts to arrive at invoiced State Price. The Commercial Food Products Mark-Up Product List may vary as Vendor’s commercial food product distribution array evolves and may be known as MUL.

1.07 Audit of Sell Price:

The state will periodically conduct an audit of suppliers for the period of time chosen by the State to review for accuracy. The limited audit scope shall not exceed 15 invoices in any 90-day period of this agreement. Vendors will provide all invoices, upon request, in a timely manner for review by State as an electronic file, or on-site audit at Vendor’s office. If any discrepancies are found in the limited scope audit, the State will request the scope include all suppliers’ invoices related to this state contract purchases.

Section 2 Scope of Services

2.01 Background

The primary goal of this IFB is to economically and efficiently purchase commercial foods, in accordance with established nutritional, health, and safety standards by the USDA and U.S. Department of Education, to be delivered as required. Primary purchasing agencies (users) of this state contract will be the Department of Corrections and Rehabilitation (DOCR) who has responsibility for the direct care of clients and residents residing in 24/7 direct care facilities operated by the State Penitentiary, Division of Youth Corrections, James River Correctional Facility. The State Hospital, Jamestown, Life Skills & Transition Center, Grafton and Veterans Nursing Home, Lisbon are additional primary users with direct care facilities.

The Vendors are expected to continually apprise the State of opportunities to reduce cost and maintain high standards commercial food quality. The State may choose to use any part of a proposed order entry or inventory management system.

2.02 Deliverables, Special Requirements

a) High Quality of Food Products: Quality of appearance, flavor, and nutrition must meet or exceed the minimum requirements. The Bidder should bid and provide the fancy or top of the line “private label”.

b) Food Product Delivered: All food product delivered to the State for this contract must meet or exceed minimum standards as specified by State and proposed by Bidder.

c) Shipment Inspections: Representatives from the State or purchasing agencies may inspect shipments. Any product that fails to meet specifications may be rejected and returned for credit. State reserves the right to use or consume a delivered commodity that fails to meet specifications, other than health standards, if it is deemed necessary to do so. Acceptance of a portion of a substandard delivery shall not affect the right of the State to reject any other portion.

2.03 Commercial Food Product Brands

a) If a manufacturer’s name or brand is specified, it is intended to be for conveyance of quality, type or for identification; therefore, a product bid as “Equal” must be comparable (equal or superior) to the item specified as determined by the State. If no acceptable brand or referenced brand is noted, product(s) of the highest quality are to be bid and are subject to the state or purchasing agency approval. “Private Labels” are acceptable unless otherwise noted. However, if bidding a private label, please also note manufacturer’s product and product # being represented. A certification letter or product sample evaluation for quality may be requested.

b) Each Vendor must note any items that are non-stock or are “special order” on the MBL Cost Response. There shall be no extra charge for the buying and storing of special-order items. It is understood that purchasing agencies are not limited to ordering only those items contained in the Commercial Food Market Basket and may request food products to accommodate holiday or special menus, menu changes, and new menus.

c) State requires that all food products provided must have a shelf life that comply with Industry Standards for product “use by” dates. When available, products should clearly show the use-by date, date of production, date of processing, sell by date, best if used by date, or similar markings. State will not accept repackaged or unmarked items.

All products delivered to the State shall be clearly labeled to indicate:

· manufacturer

· product origin

· net weight

· ingredients

· Federal, State, and local labeling requirements

2.04 Product Evaluation & Samples

a) Product evaluation may take place after bids are opened, prior to contract award, or at any time during the contract. Food product evaluations may be conducted for all equivalent food products bid. Please note that any item bid that varies in any way from the specifications found in the “Unit of Measure”, “Item Description” and “Product Specification” columns will be considered as an offer for an “equivalent” food product , therefore is susceptible for product evaluation.

b) During an evaluation, the current approved food product and the evaluated food product is compared side by side for taste, yield, and appearance. For example, in the case of a canned fruit evaluation, the fruit is drained and weighed; the fruit is checked for color, piece integrity, texture, taste and appearance.

2.05 Account Representative

The State desires an account representative that is familiar with the account, and able to assist users with ordering, product information, delivery, inventory management, and receiving efficiencies and invoice issues. Upon award, the Vendors must provide contact information of the assigned account representative(s). The account representative must be able to make on-site visits to the major accounts, and have, at a minimum, direct email, voice mail with a local phone number and fax number, or toll-free number.

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

Sales Representative Name: _________________________________________ Address: _________________________________________ City & State & Zip: _________________________________________ Phone Number: _________________________________________ Cell Phone Number: _________________________________________ Toll Free Number: _________________________________________ E-Mail Address: _________________________________________

2.06 Order Schedule

The contract users must be able to input orders and make changes as late as twelve hours before the orders are to be delivered, with the exception of special or non-stock ordered product.

2.07 Delivery Schedules

The Vendors will agree with the terms herein:

a) Normal deliveries for the State are expected to take place Monday through Friday between 8:00 a.m. and 3:00 p.m., or a mutually agreed upon schedule.

b) All holidays, except designated State Holidays, which occur during the delivery schedule, are to be considered delivery days at no additional cost. A list of State holidays is available upon request.

c) Delivery schedules to a purchasing agency are to be considered negotiable until such time as they are mutually agreed upon between the purchasing agency and Vendors.

d) The Life Skills & Transition Center, in Grafton, requires deliveries twice a week.

e) The North Dakota State Penitentiary will require deliveries early in the week. Deliveries can be made anytime Monday 8:00am to 3:00pm, Tuesday 7:00am to 3:00pm and Wednesday 7:00am to 9:00 am.

2.08 Delivery Locations

The delivery is to be accomplished at the following locations within the State of North Dakota. Delivery sites will be subject to changes or additions:

Law Enforcement Ctr (Bismarck)

Occasional Delivery Locations:

2.09 Delivery Procedures, Credits and Returns

a) All Vendors facilities and delivery vehicles must conform to local, state, federal rules and regulations regarding sanitation and transportation and are subject to inspection by the State or purchasing agency or other officials at the discretion of the State. The trucks must be equipped to maintain the appropriate temperatures and product segregation as necessary.

b) Vendors must deliver all products individually labeled. Vendors will present an itemized invoice in duplicate or in an electronic file, to include product name, unit cost, extension, piece count and total charges, to accompany all orders. An authorized representative of the purchasing agency must sign or electronically approve delivery invoices.

c) All Vendor’s delivery personnel may be required to sign in at the operation’s office or entrance to facility before unloading. They shall deliver and offload all products to an area specified by the operation on the inside of the purchasing agency’s building.