IFB+325-25-900-032.docx

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(February 2024)

PROCUREMENT OFFICER

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

PURCHASING AGENCY (STATE): North Dakota State Hospital PROCUREMENT OFFICER: Jason Vaagen EMAIL: jevaagen@nd.gov

PHONE: 701-857-8503

TTY Users call: 7-1-1

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

BID QUESTION DEADLINE

Bidders should carefully review the IFB, including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer, in writing, by the Bid Question Deadline identified in the IFB. The Procurement Officer may elect to respond to questions received after the Bid Question Deadline.

Email is the preferred method of submission with the IFB number and title cited in the email subject line. Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the bidder to a specific section of the IFB.

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).

STATE PROCUREMENT WEBSITE (SPO ONLINE)

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

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

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

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder 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.

· Ensure your Bid Response is received by the Procurement Officer by the Bid Response Deadline. Call 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.

2. Definitions.

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

· Bid Response: the executed document submitted by a Bidder 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 Bidders of a bidding opportunity.

· 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.

· 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.

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

3. 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 Bidder 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.

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

The commodity codes used for this solicitation are: 031 - 27; 885 - 32, 79; 890 - 15; 918 - 18; and 962 - 23.

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

Bidders List Registration Website

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

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

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

Bidders must electronically submit Bid Responses through SPO Online by the Bid Response Deadline.

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

Bidder must begin the electronic submission process well in advance of the Bid Response Deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for a Bidder’s failure to timely submit a Bid Response due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

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

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

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

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

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

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

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

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

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

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

10.Bidder will receive an email confirmation from infospo@nd.gov that the upload response was received, including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Bidder does not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If Bidder does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

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

6. 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).

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

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

9. Bid Response Opening. All Bid Responses received by the Bid Response Deadline will not be publicly opened by the Procurement Officer.

10. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received and the award. Bid Response results may be posted on SPO Online: https://apps.nd.gov/csd/spo/services/bidder/main.htm

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

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

13. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

14. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws. Interested parties may contact the Procurement Officer to request information related to this solicitation.

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

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

17. Signature. The Bidder’s authorized representative must provide their printed name, title, and sign the Bid Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer (N.D.A.C. ch. 4-12-10).

18. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Procurement Officer by the Bid Question Deadline or at least seven days before the Bid Response Deadline, so the Procurement Officer can determine whether the specifications need to be amended.

19. 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.

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

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

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

SECTION 2

EVALUATION AND AWARD

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

· All or none.

2. Award – Preference Laws. 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 Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. 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. (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 Bidder (N.D.A.C. § 4-12-08-13).

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

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

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

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

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

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

b. the Bid Response is determined to be late;

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

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

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected (N.D.A.C. § 4-12-11-09).

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. 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 July 1, 2025, and ends on June 30, 2027

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

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

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to two options to renew this Contract under the same terms and conditions for a period of 24 months each. STATE and CONTRACTOR may negotiate the daily costs at each renewal option.

2. 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.

· A SFN 1763 must be submitted to the Purchasing Agency in order to receive payment. All payment inquiries must be directed to the Purchasing Agency.

3. 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).

4. 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 Purchasing 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.

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

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

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

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

7. Invoicing. All invoices and payment inquiries must be directed to the Purchasing Agency.

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

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

· Firm-Fixed. Pricing shall be firm for the period of the contract.

10. Pricing, Unit of Measure. The unit prices are 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).

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

12. Time is of the Essence. CONTRACTOR hereby acknowledges that time is of the essence for performance under this Contract unless otherwise agreed to, in writing, by the parties.

13. Delivery and Orders. The CONTRACTOR must deliver commodities and services ordered under this contract by the required time. If after receiving the order, the CONTRACTOR learns that the delivery requirements cannot be met, the CONTRACTOR 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.

14. Click-through End User Agreements. All automated end user agreements (e.g., click-throughs) are specifically excluded and null and void. Clicking shall not represent acknowledgement or agreement to any terms and conditions contained in that agreement.

SECTION 4

CONTRACT TERMS AND CONDITIONS EXCEPTIONS

Purchasing Agency will consider exceptions to the Contract Terms and Conditions found in Section 6. However, Bidders must propose changes or additions to Section 6 within their Bid Response. Bidders are not to submit their own contract or standard terms and conditions with their Bid Response. Bidders shall address the specific language within Section 6 and submit any proposed changes.

SECTION 5

BID RESPONSE FORM

SPECIFICATIONS

The North Dakota State Hospital (NDSH) is soliciting bids for the Powerhouse Water Treatment Program utilizing existing liquid chemical feed pumping systems, piping, injection points, and water residual testing equipment. The current NDSH boiler water treatment system utilizes chemical product in a liquid form. Attachment A, found on page 25, outlines the details of the bid specifications and operating conditions. Attachments B and C provide the current operating conditions of the boiler and cooling systems.

Chemicals needed for boiler water treatment metal tote chemical feeding system (Bid Items 1-3):

· Oxygen scavenger - liquid

· Boiler water internal treatment - liquid

· Condensate treatment - liquid

Chemicals needed for cooling tower metal tote chemical feeding system (Bid Items 4-6):

· Scale/corrosion inhibitor – liquid

· Oxidizing biocide – liquid

· Non-oxidizing biocide – slow dissolving tablets

Chemicals needed for reverse osmosis system (Bid Items 7-8):

· Antiscalant - liquid

· Permacare (oxygen scavenger) - liquid

There will be a mandatory on-site walk through held on May 9, 2025, at 10am CT where potential bidders will be toured through the plant, building mechanical rooms, absorber chiller rooms, gather water samples, etc. This is to facilitate that each bidder submitting a Bid Response has an understanding of the facility’s systems and can recommend the best treatment program to properly treat all systems for the prevention of corrosion and/or equipment failure.

The successful bidder will be required to furnish two copies of catalogs, replacement data books, price lists, and complete water treatment manuals at the site. Manuals will be reviewed for content annually or as needed. Upon contract commencement and annually thereafter, training seminars will be held on site at NDSH for operating personnel in basic water chemistry relevant to the use, application, and control of recommended water treatment programs. These training opportunities shall include, but not be limited to: basic water chemistry, purpose of each product, handling and feeding information, testing procedures, equipment lay-up procedures, chemical adjustments, handling and operational problem solving, and Material Safety Data Sheet (MSDS) review and explanations. Length of training will depend on amount of information needing to be discussed and participant's questions.

Service is an essential part of any effective water treatment program and is an integral part of the total water management program for NDSH campus. The service program shall include: training, intensified services during start-up, regular service on a quarterly basis, technical and laboratory support with support and special services to deal with unusual problems or situations at either site. It is the expectation of the NDSH campus that the water treatment programs shall include and support these goals:

1. Boiler operators and plumbers shall understand the purpose and use of the water treatment products and their contribution to the program.

2. Recognition and correction of potential water related issues before they become water related problems.

3. Designated plant staff shall be aware of the effectiveness of the water treatment program.

4. Service visits by qualified service representatives shall occur regularly and must be performed at a minimum of once every six weeks. During these visits, the service representatives shall:

· Review daily facility test records since previous visit/service call;

· Review progress of current treatment program;

· Discuss in depth any operating or water related questions or problems since previous site visit/service call;

· Inspect any open water handling equipment, boilers, absorption chillers, etc.;

· Run on-the-spot water analysis of pertinent samples from all treated systems;

· Submit a complete written report of all findings and recommendations to identified agency contact at the site;

· Submit water or deposit samples to company operated research and development laboratory if any unusual conditions are discovered during on-site service visits;

· Check inventory and calculate a material balance to insure proper dosing of all treatment systems;

· Pull condensate samples from individual buildings as identified by agency contact or designee to ensure proper treatment of system;

· Review operating parameters for critical equipment; and

· Work on special projects to improve water treatment as they arise.

5. Meet with the designated plant staff semi annually to review progress and identify areas of improvement. During these meetings the expectation will be to review service representative visits, control and operating results, effectiveness and economy of current water treatment programs, conservation of water and energy, satisfaction of access to laboratory facilities and technical support, current industry trends, advancement techniques and technology in water treatment programs available. Failure to meet technical service expectation can/will be grounds for termination of contract. Successful bidder will be expected to assist in establishing a project list for each system which contains special items which are accomplished by plant personnel, the awarded bidder or both. This project list will be reviewed and updated at the semi-annual meetings.

6. The successful bidder must provide a dedicated service representative to provide support for this contract. The successful bidder shall provide the name and contact information for the service provider. During the contract period, the successful bidder shall notify the designated plant staff in the event the successful bidder's service representative changes.

In order for a Bid Response to be considered responsive, the Bid Response must include the following information:

1. Offeror’s submitting bids will do so in one form of product packaging and supplying: Boiler/Chiller chemical treatment metal tote delivery and feeding system.

2. A Bid Response Form completed in its entirety.

3. A list of five current accounts similar to the size of NDSH, including the name and telephone number of the contact person for each account.

4. The name of the proposed service representative with documentation of his/her education and experience servicing accounts.

5. Material Safety Data Sheets for each chemical.

6. Copies of all analysis reports.

Delivery Address: North Dakota State Hospital, 2605 Circle Drive, Jamestown, ND 58401

Delivery Date Time Required: July 1, 2025, through June 30, 2027

Billing Address: Same as Delivery Address

UNIT PRICE

BOILER WATER TREATMENT METAL TOTE CHEMICAL FEEDING SYSTEM

Daily cost per average stm/fl. (261,000) and make-up gal. (4,000).

Product name/number:

Daily cost per average stm/fl. (120,000) and make-up gal. (2,000).

Product name/number:

Daily cost per average stm/fl. (120,000) and make-up gal. (2,000).

Product name/number:

COOLING TOWER METAL TOTE CHEMICAL FEEDING SYSTEM

Product name/number:

Product name/number:

Product name/number:

REVERSE OSMOSIS CHEMICAL FEEDING SYSTEM

Daily Cost per average make-up gal. (4,000).

Product name/number:

Daily Cost per average make-up gal. (4,000).

Product name/number:

Average Daily Cost for Bid Items 1-8

Bid Item 1 + Bid Item 2 + Bid Item 3 + Bid Item 4 + Bid Item 5 + Bid Item 6 + Bid Item 7+ Bid Item 8

Bid determination will be awarded to the bidder with the lowest average daily cost for Bid Items 1-8.

Pricing for Service Bidder agrees to provide the following services for the price listed below.

Bidder Prompt Payment Discount, if applicable:

(Discounts not considered in evaluating prices.)

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

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

Service Provider/ Sales Representative Name:

Address:

City & State & ZIP

Phone Number:

Cell Phone Number:

Toll Free Number:

E-Mail Address:

Fax Number:

BIDDER INFORMATION AND SIGNATURE

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

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

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 3212.204.

Bidder/Contractor Name:

Contractor Federal Employer Identification Number (FEIN)

Bidder Street Address/ P.O. Box:

City, State ZIP:

Contact Name:

Contact Title:

Telephone Number:

Email:

Authorized Representative Signature:

Date:

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

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

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 3212.204.

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

Date:

SECTION 6

CONTRACT TERMS AND CONDITIONS

The state of North Dakota, acting through its North Dakota Department of Health and Human Services, North Dakota State Hospital (State), has determined the services identified in the Scope of Service paragraph below should be purchased.

{Vendor} (Vendor), {Address}, {City}, {State} {Zip}, proposes to provide those services.

State and Vendor therefore enter into the following:

1. TERM OF THE AGREEMENT

This Agreement runs from July 1, 2025, through June 30, 2027.

1. No Automatic Renewal

This Agreement will not automatically renew.

b. Renewal Option

State may renew this Agreement upon satisfactory completion of the initial Agreement term. State reserves the right to execute up to two options to renew this Agreement under the same terms and conditions for a period of 24 months each. State and Vendor may negotiate the daily costs at each renewal option. State and Vendor may negotiate the daily costs at each renewal option.

2. SCOPE OF SERVICE

Vendor shall provide the Powerhouse Water Treatment Program as outlined in State’s Invitation for Bid (IFB) number 325-25-900-032, dated April 24, 2025, and Vendor’s proposal, dated ______________, which are both made a part of this Agreement by their reference here.

3. COMPENSATION

State, upon receipt and approval of SFN 1763 Request for Reimbursement or other form required by State, shall pay Vendor the following rates for completing the scope of service:

Daily rate for oxygen scavenger - liquid $__________

Daily rate for boiler water internal treatment - liquid $__________

Daily rate for condensate treatment - liquid $__________

Daily rate for scale/corrosion inhibitor – liquid $__________

Daily rate for oxidizing biocide – liquid $__________

Daily rate for non-oxidizing biocide – slow dissolving tablets $__________

Daily rate antiscalant - liquid $________

Daily rate permacare (oxygen scavenger) - liquid $________

Quarterly service, each $__________

Service visit, $__________

Semi-annual meeting, each $__________

Vendor shall submit its request for reimbursement to State monthly. Vendor shall submit its final payment request to State no later than 30 days after the expiration or termination of this Agreement.

4. TERMINATION

a. Termination by Mutual Agreement or Notice

This Agreement may be terminated at any time by mutual consent of both parties executed in writing, or upon 30-days’ written notice by either party, with or without cause.

b. Early Termination in the Public Interest

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

c. Termination for Lack of Funding or Authority

State may terminate the whole or any part of this Agreement, effective upon delivery of written notice to Vendor or on any later date stated in the notice, under any of the following conditions:

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

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

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

Termination of this Agreement under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

d. Termination for Cause

State may terminate this Agreement effective upon delivery of written notice to Vendor, or any later date stated in the notice:

1) If Vendor fails to provide services required by this Agreement within the time specified or any extension agreed to by State; or

2) If Vendor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms.

The rights and remedies of State provided in this section are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

5. NONPERFORMANCE

Failure by Vendor to perform the terms of this Agreement constitutes a breach of contract and will result in the termination of the Agreement. If a breach by Vendor renders the Agreement impossible of performance by Vendor and is caused by circumstances beyond the control of Vendor, and through no fault of Vendor, the Agreement will be terminated and State may set off, against any liability or obligations owed to Vendor under this Agreement or otherwise, any amounts paid for individual items of work which are incomplete at the time of the breach.

6. FORCE MAJEURE

Neither party shall be held responsible for delay or default caused by fire, flood, riot, terrorism, pandemics, acts of God, or war if the event is beyond the party’s reasonable control, and the affected party gives notice to the other party immediately upon occurrence of the event that caused, or is reasonably expected to cause, the delay or default.

7. VENDOR’S UNDERSTANDING OF TERM OF FUNDING

Vendor understands that this Agreement is a one-time agreement, and acknowledges that it has received no assurances that this Agreement may be extended beyond its expiration date.

8. VENDOR ASSURANCES

This Agreement will be construed according to the laws of the state of North Dakota. In connection with furnishing supplies or performing work under this Agreement, persons who contract with or receive funds to provide services to State are obligated and agree to comply with all local, state, and federal laws, regulations, and executive orders related to the performance of this Agreement, including the following: Fair Labor Standards Act, Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the North Dakota Human Rights Act, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Drug Abuse Prevention, Treatment, and Rehabilitation Act of 1970, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Drug-Free Workplace Act of 1988, the Americans with Disabilities Act of 1990, Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act of 1992, the Pro-Children Act of 1994, Title IX of the Education Amendments of 1972, and Section 1557 of the Affordable Care Act.

By signing this Agreement Vendor certifies that neither Vendor, Subcontractor, nor their principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions with the state or federal government by any department or agency of the state or federal government.

Vendor must be an approved vendor with the Office of Management and Budget within the state of North Dakota as required by North Dakota Century Code § 54-44.4-09.

9. AUTHORITY TO CONTRACT

Vendor may subcontract with qualified vendors of services, provided that any subcontract acknowledges the binding nature of this Agreement, and incorporates this Agreement, together with its attachments, as appropriate. Vendor is solely responsible for the performance of any subcontractor. Vendor may not contract for or on behalf of or incur obligations on behalf of State. Vendor may not assign or otherwise transfer or delegate any right or duty without State’s express written consent.

10. INDEPENDENT ENTITY

Vendor is an independent entity under this Agreement. Vendor, its employees, agents, or representatives are not employees of State for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the Federal Unemployment Act, the North Dakota Unemployment Compensation Law, and the North Dakota Workforce Safety and Insurance Act. No part of this Agreement may be construed to represent the creation of an employer/employee relationship between State and Vendor. Vendor retains sole and absolute discretion in the manner and means of carrying out Vendor’s activities and responsibilities under this Agreement, except to the extent specified in this Agreement.

11. INDEMNITY

Vendor agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers, and employees (State), from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by Vendor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Any attorney appointed to represent the State must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under North Dakota Century Code § 54-12-08. Vendor also agrees to reimburse the State for all costs, expenses, and attorneys' fees incurred if the State prevails in an action against Vendor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this Agreement.

12. INSURANCE

a. Vendor shall provide certificate of insurance and any endorsements to State electronically via to:

Name: Kyle J. Nelson Email Address: kylnelson@nd.gov Email Subject Line: Certificate of Insurance - INSERT CONTRACT NUMBER/NAME

b. Vendor shall secure and keep in force during the term of this Agreement and Vendor shall require all subcontractors, prior to commencement of an agreement between Vendor 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:

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

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

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

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13. NOTICE

Any…