IFB+Vehicle+Batteries.pdf

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): State Procurement Office PROCUREMENT OFFICER: Chad Keech EMAIL: ckeech@nd.gov

PHONE: 701-328-2767

TTY Users call: 7-1-1

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

BID QUESTION DEADLINE

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

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

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.

DATE ISSUED 6/27/2024 BID NUMBER 110.7-24-041

BID TITLE Vehicle Batteries COMMODITY

CODE(S) 060, 075, 726

BID QUESTION

DEADLINE 7/09/2024 @ 12:00 PM CT CONTRACT NUMBER 045

BID RESPONSE

DEADLINE 7/19/2024 @ 12:00 PM CT CONTRACT PERIOD 8/01/2024 – 8/01/205

http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://apps.nd.gov/csd/spo/services/bidder/main.htm

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

• 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. 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.

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 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.

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.

http://www.legis.nd.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/vendor-reg-guidelines.pdf https://sos.nd.gov/business/vendors.html https://sos.nd.gov/firststop.html https://firststop.sos.nd.gov/search/business mailto:sos@nd.gov https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-leadership-and-resources-2 https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-05.pdf

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: Insert all applicable 5-digit commodity codes.

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 the State Procurement Office Online system (SPO Online) by the Bid Response deadline.

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

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

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

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

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

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

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

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

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

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

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

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

10.Bidder will receive an email confirmation from infospo@nd.gov that the upload response was received including the

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

https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders mailto:infospo@nd.gov mailto:infospo@nd.gov https://apps.nd.gov/csd/spo/services/bidder/main.htm mailto:infospo@nd.gov mailto:infospo@nd.gov

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

Response opening will be held:

Webinar or Conference Call Participation Instructions:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 226 189 110 979 Passcode: 3n7pZa

Dial in by phone +1 701-328-0950,,277946083# United States, Fargo Find a local number Phone conference ID: 277 946 083# Join on a video conferencing device Tenant key: teams@join.nd.gov Video ID: 113 765 092 7 More info For organizers: Meeting options | Reset dial-in PIN

Enjoy your meeting Org help

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:

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.

https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmJjNjA1MzAtYmU0NC00ZTdkLTg5ODMtN2M4NTM3YTY5Mzgz%40thread.v2/0?context=%7b%22Tid%22%3a%222dea0464-da51-4a88-bae2-b3db94bc0c54%22%2c%22Oid%22%3a%22a7907755-e664-4afd-8de9-b3684f30ccf9%22%7d tel:+17013280950,,277946083 https://dialin.teams.microsoft.com/b55e1684-2d28-41f4-ba9d-69c288a879dd?id=277946083 https://itdpexipconfnd1.join.nd.gov/teams/?conf=1137650927&ivr=teams&d=join.nd.gov&w https://teams.microsoft.com/meetingOptions/?organizerId=a7907755-e664-4afd-8de9-b3684f30ccf9&tenantId=2dea0464-da51-4a88-bae2-b3db94bc0c54&threadId=19_meeting_YmJjNjA1MzAtYmU0NC00ZTdkLTg5ODMtN2M4NTM3YTY5Mzgz@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing https://www.nd.gov/itd/support http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf

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 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.

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 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.

http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222 http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

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

• Multiple awards to more than one bidder. The Bismarck NDDOT shop and State Fleet Services require a retail location within the city of Bismarck for same day purchase and delivery of large quantities of batteries due to the State agencies they support. Therefore, the city of Bismarck will be awarded as Vendor B (Bismarck) separately from the other locations throughout the State of North Dakota awarded as Vendor A (All other locations). However, bidders may submit multiple bids for both the Bismarck city location (Vendor B) and all other State locations (Vendor A) to potentially be awarded as the sole Contractor for the State.

2. Award, Local Service. (Vendor B, Bismarck Location ONLY) For the Bismarck location, service within two (2) hours after receipt of the order is required. Bidder must have facilities or service providers within a commuting distance to meet this requirement.

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

4. 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.

5. 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)

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

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

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

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

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

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

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

b. the Bid Response is determined to be late;

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

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

e. the Bid Response is not legible.

https://www.ndlegis.gov/cencode/t44c08.pdf#nameddest=44-08-02 https://ndlegis.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

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

2. Cooperative Purchasing Contract. This contract is a cooperative purchasing contract established pursuant to North Dakota Century Code (NDCC) section 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C chapter 39-04.2, and the International Peace Garden. Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known.

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

a. Contract Period. This Contract term (Term) begins on 8/01/2024, or its Effective Date, and ends on 8/01/2025.

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 five options to renew this Contract under the same terms and conditions for a period of 12 months each.

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

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

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

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

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

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

8. Ordering Catalogs and Literatures. CONTRACTOR will be required to furnish copies of catalogs and price lists to ordering agencies, upon request at no additional cost to the STATE.

9. 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.

http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130131153805 http://www.legis.nd.gov/cencode/t39c04-2.pdf?20130131161514 http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

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

Agency within 24 hours of the order placement.

11. Delivery Time Required. The contractor shall deliver commodities and services ordered under this contract as follows:

• For batteries delivered on consignment: delivery must be made within eight (8) days after the contractor receives an order from the Purchasing Agency or entity by issuance of a purchase order or use of a purchasing card. Consignment contractors must carry batteries available for purchase and replenishment at time of regularly scheduled stops at all DOT maintenance locations. Purchases made by all DOT maintenance shop locations outside of scheduled replenishment stops by contractor must be delivered within (5) days after the order has been placed or at time of next delivery, whichever comes first.

• (Vendor B, Bismarck Location ONLY) For Bismarck battery sales and service: delivery must be made within thirty (30) minutes after the contractor receives an order from the Purchasing Agency or entity by issuance of a purchase order or use of a purchasing card.

All contractors in same cities as DOT maintenance shops must provide both Vendors (A & B) with 30 minutes or less delivery time after purchase is made. If delivery requirements cannot be met within the specified time, the bidder must notify the Purchasing Agency in writing of the delay and the approximate date delivery may be expected.

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

• F.O.B. Destination to 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.

13. Sample Submission Requirement. Bidders 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 Bidder's name, the bid number and title, and the bid item number. Upon request of the Bidder, samples not destroyed by examination or testing will be returned at the expense of the Bidder. If the Bidder does not request return of the sample within 7 days after notice of award, the sample will become property of the STATE (N.D.A.C. § 4-12-08-11).

• The successful Bidder may be required to furnish a sample of items offered in the Bid Response prior to award.

14. Descriptive Literature. The Bid Response must include descriptive literature or detailed manufacturer specifications for the offered equipment or commodities. Bidders are instructed to clearly mark the literature that demonstrates compliance with the specifications. Indicate whether optional features are included to meet the specifications.

15. 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.

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

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

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

17. Invoicing.

Orders will be placed by state agencies and institutions.

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

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

• Pricing, Firm-Fixed with Adjustment Provisions. Pricing shall be firm for the first 180 days of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment.

All orders placed are to be billed at prices in effect at the time of the order, not the date the shipment is made.

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

21. Award, Local Service. (Vendor B, Bismarck Location ONLY) For the Bismarck location, service within thirty

(30) minutes after receipt of the order is required. Bidder must have facilities or service providers within a commuting distance to meet this requirement.

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

23. 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.

24. Servicing of the contract

a. Only awarded Contractor must furnish and distribute approximately 20 copies of catalogs, replacement battery product data books, and current price lists to NDDOT District Shops in hard copy.

http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 4

RISK MANAGEMENT REQUIREMENTS

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

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

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

2. Insurance

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

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

SECTION 5

SPECIFICATIONS

1. Introduction (Vendor A): This state term contract is for the NDDOT and State Fleet Services to establish a term contract for wet charged storage batteries for use in motor vehicles and other equipment with distribution at multiple locations within the state not including the city of Bismarck.

(Vendor B): This state term contract is also for the NDDOT and State Fleet Services to establish a term contract for wet charged storage batteries for use in motor vehicles and other equipment with distribution at multiple locations via a retail store within the city of Bismarck.

2. Definitions: The following terms used in this solicitation are defined as follows:

a. Contract Administrator – State Procurement Officer who will administrate the Contract.

b. NDDOT – North Dakota Department of Transportation.

c. NDDOT shops - District shop locations are: Bismarck, Devils Lake, Dickinson, Fargo, Grand Forks, Minot, Valley City, Williston and State Fleet sites in Bismarck and Fargo.

d. B.C.I. - Battery Council International (BCI) - An association of battery industry companies whose members establish policy and standards for the industry Battery Council International (BCI) website:

http://batterycouncil.org/

e. Cold Cranking Amps (CCA) - Industry rating scale that is used to define the battery's ability to start an engine under low-temperature conditions. BCI defines it as "the number of amps a lead-acid battery at 0ºF (- 17.8ºC) can deliver for 30 seconds and maintain at least 1.2 volts per cell (7.2 volts for a 12-volt lead-acid battery).

f. Full Replacement Battery Warranty- The warranty period in which the battery will be completely replaced, without charge to the state agency.

g. Voltage - Also called electromotive force (EMF), it is the electrical pressure that forces electron flow in a complete circuit.

h. Group – battery industry sized related group number as defined by various B.C.I. numbers. Respective examples- from B.C.I. range from Group U1, Group 31P or Group 75 and beyond as batteries are developed to fit needs.

3. Battery Specifications: Product bid in response to this solicitation and subsequently provided by contractor pursuant to the state term contract must meet the following specifications.

a. Battery products must equal the quality and type normally supplied as original equipment to motor vehicle and equipment manufacturers and shall be equal to ANSI and SAE specifications for each type as listed in the Battery Replacement Data Book, latest edition published by B.C.I.

b. Battery product shall be manufactured, packed, stored and shipped in accordance with standards prescribed by B.C.I. and shall be in full charge condition when delivered and be covered by the respective warranty.

c. Cold-Cranking Amps rating must meet or exceed requirements as specified in BID RESPONSE FORM(S).

d. Full Replacement Battery Warranties must meet or exceed requirements as specified in BID RESPONSE

FORM(S). Warranties apply to all batteries purchased from contract.

e. Battery products must be permanently labeled as follows:

i. Manufacturer’s name or brand name;

ii. Manufacturer’s battery number, type, and B.C.I. group numbers.

f. Material Safety Data Sheet Requirements: No product will be accepted at receiving dock or point, without the accompanying MSDS information.

4. Contract Support Specifications:

a. Contractor must designate a Customer Service Representative to respond to customer inquiries on product information, battery troubleshooting, consignment service, ordering, tracking shipping, returns, invoicing and all other concerns regarding products within this contract. Provide the name and contact information for the Customer Service Representative.

b. If during the contract period, the representative named changes, the Contractor must promptly notify the Contract Administrator (State).

Customer Service Representative – VENDOR A (All other locations) Name STEVEN WALBY Address 2525 VERMONT AVE BISMARCK, ND 58504 Toll Free Telephone 701-221-2000 Office or Cellular Telephone 701-721-8631 http://batterycouncil.org/

Fax 701-221-3135 Email S.WALBY@FMPCO.COM

If Customer Service Representative is different for statewide versus specifically the city of Bismarck, please provide the other Customer Service Representative’s information below. If the Customer Service Representative is the same for statewide and the city of Bismarck, please simply respond “SAME” in the “Name” response box below.

Customer Service Representative – VENDOR B (City of Bismarck) Name STEVEN WALBY Address 2525 VERMONT AVE BISMARCK, ND 58504 Toll Free Telephone 701-221-2000 Office or Cellular Telephone 701-721-8631 Fax 701-221-3135 Email S.WALBY@FMPCO.COM

5. Distribution and Product Support Specifications (Vendor A – All other locations):

a. Contractor must have distribution abilities through which the Contractor will distribute and provide battery product delivery and pick up of up of spent cores as required.

b. Provide distribution locations in BID RESPONSE FORM.

6. Local Sales, Distribution and Product Support Specifications (Vendor B – City of Bismarck)

a. Contractor must have distribution and local sales/service abilities through which the Contractor will distribute and provide battery product delivery and pick up of up of spent cores as required.

b. Provide local sales/service and product distribution location in BID RESPONSE FORM.

7. Consignment Specifications: Most NDDOT District Shops maintain consigned inventory. The Bismarck NDDOT

District Shop maintains a consigned inventory of approximately ten (10) batteries.

a. Contractor will provide battery products on an inventory consignment basis.

b. Consignment batteries shall be a bid item on this term Contract.

c. Batteries shall be provided upon request by NDDOT District Shops, and as mutually agreed upon by the

Contractor. Batteries on consignment shall be recorded and reported as required.

d. Consignment battery products shall be rotated at ninety (90) calendar day intervals, or as mutually agreed upon by the Contractor and the respective NDDOT District Shop.

e. Contractor is responsible to meet all requirements for packaging of product, including inventory consignment storage packaging as needed at NDDOT District Shops.

mailto:S.WALBY@FMPCO.COM

SECTION 6

BID RESPONSE INSTRUCTIONS

1. Bidders responding for potential award as Vendor A (All other locations) must complete Bid Response Form –

Vendor A (All other locations) below. Bidders responding for potential award as Vendor B (City of Bismarck) must complete Bid Response Form – Vendor B (City of Bismarck) below. For bidders responding as potential awardees for both Vendor A and Vendor B, you must submit both completed Bid Response Forms below if your pricing changes or check the box on Bid Response Form – Vendor A (All other locations) indicating that the pricing listed in this form shall be used in evaluation for Bid Response Form – Vendor B (City of Bismarck).

2. The bidder’s response must include descriptive literature for the batteries being offered. Battery product literature must clearly identify the Bid Item # to which it is related.

3. Fixed Price Battery List. Bidders must submit pricing for all items in the market basket price list (items 1-14).

4. Percentage Discount off Price List. Bidders must provide a separate attached Price Sheet for all other additional items not included in the market basket. Price sheets should include Group Size, CCA, Reserve Capacity, and Net Price to State. Batteries on price sheets must meet the minimum full replacement warranty requirements.

BID RESPONSE FORM – VENDOR A (ALL OTHER LOCATIONS)

FULL REPLACEMENT WARRANTY REQUIREMENTS:

36 month Auto 18 month Commercial & Marine 12 month Motorcycle

Bidders responding as potential awardees for both Vendor A and Vendor B. If your pricing is the same for both, please check the box to the right and your submittal for this form will be used for evaluation of Bid Response Form

– Vendor B (City of Bismarck).

X

Offered Products

Item # DETAILED PRODUCT

SPECIFICATIONS UNIT

EST.

USAGE-

for 2 Year Term

Brand/Part # CCA Unit Bid Price

TOTAL BID

(Unit Price x

Usage)

1.

BATTERIES-BCI Group #24 12 volt Min. CCA- 500

Each 26 AC DELCO 24GHR 700 103.92 2,701.92

2.

BATTERIES-BCI Group #24 MARINE 12 volt Min. CCA- 500

Each 5 AC DELCO M24M750 600 108.17 540.85

3.

BATTERIES-BCI Group #27 12 volt Min. CCA- 600

Each 2 AC DELCO 27GA 750 103.76 207.52

4.

BATTERIES-BCI Group # 27 MARINE 12 volt Min. CCA- 600

Each 3 AC DELCO M27M750 600 108.17 324.51

5.

BATTERIES-BCI Group #29 MARINE 12 volt Min. CCA- 675

Each 4 AC DELCO M31M1000 800 134.74 538.96

6.

BATTERIES-BCI Group #31P 12 volt Min. CCA- 900

Each 35 AC DELCO 31G950T 950 121.33 4,246.55

7.

BATTERIES-BCI Group #31S 12 volt Min. CCA- 900

Each 451 AC DELCO 31G950A 950 121.33 54,719.83

8.

BATTERIES-BCI Group #34 12 volt Min. CCA- 600

Each 15 AC DELCO 34GHR 750 118.94 1,784.10

9.

BATTERIES-BCI Group #48 12 volt Min. CCA- 600

Each 27 AC DELCO 48GHRA 770 122.74 3,313.98

10.

BATTERIES-BCI Group #65 12 volt Min. CCA- 600

Each 146 AC DELCO 65GHR 850 111.35 16,257.10

11.

BATTERIES-BCI Group #78 12 volt Min. CCA- 630

Each 25 AC DELCO 78GHR 790 108.82 2,720.50

12.

BATTERIES-BCI Group #86 12 volt Min. CCA- 600

Each 14 AC DELCO 86G 650 91.10 1,275.40

13.

BATTERIES-BCI Group #94 12 volt Min. CCA- 620

Each 20 AC DELCO 94/RPG 800 132.86 2,657.20

14.

BATTERIES-BCI Group #96 12 volt Min. CCA- 500

Each 40 AC DELCO 96RG 590 92.37 3,694.80

Total Bid Price (sum Total Bids Items 1-14): 94,983.22

BID RESPONSE FORM – VENDOR B (CITY OF BISMARCK)

FULL REPLACEMENT WARRANTY REQUIREMENTS:

36 month Auto 18 month Commercial & Marine 12 month Motorcycle Offered Products

Item # DETAILED PRODUCT

SPECIFICATIONS UNIT

EST.

USAGE-

for 2 Year Term

Brand/Part # CCA Unit Bid Price

TOTAL BID

(Unit Price x

Usage)

1.

BATTERIES-BCI Group #24 12 volt Min. CCA- 500

Each 2 AC DELCO 24GHR 700 103.92 207.84

2.

BATTERIES-BCI Group #24 MARINE 12 volt Min. CCA- 500

Each 15 AC DELCO M24M750 600 108.17 1,622.55

3.

BATTERIES-BCI Group #27 12 volt Min. CCA- 600

Each 2 AC DELCO 27GA 750 103.76 207.52

4.

BATTERIES-BCI Group # 27 MARINE 12 volt Min. CCA- 600

Each 8 AC DELCO M27M750 600 108.17 865.36

5.

BATTERIES-BCI Group #29 MARINE 12 volt Min. CCA- 675

Each 8 AC DELCO M31M1000 800 134.74 1,077.92

6.

BATTERIES-BCI Group #31P 12 volt Min. CCA- 900

Each 42 AC DELCO 31G950T 950 121.33 5,095.86

7.

BATTERIES-BCI Group #31S 12 volt Min. CCA- 900

Each 73 AC DELCO 31G950A 950 121.33 8,857.09

8.

BATTERIES-BCI Group #34 12 volt Min. CCA- 600

Each 13 AC DELCO 34GHR 750 118.94 1,546.22

9.

BATTERIES-BCI Group #48 12 volt Min. CCA- 600

Each 24 AC DELCO 48GHRA 770 122.74 2,945.76

10.

BATTERIES-BCI Group #65 12 volt Min. CCA- 600

Each 67 AC DELCO 65GHR 850 111.35 7,460.45

11.

BATTERIES-BCI Group #78 12 volt Min. CCA- 630

Each 7 AC DELCO 78GHR 790 108.82 761.74

12.

BATTERIES-BCI Group #86 12 volt Min. CCA- 600

Each 8 AC DELCO 86G 650 91.10 728.80

13.

BATTERIES-BCI Group #94 12 volt Min. CCA- 620

Each 17 AC DELCO 94/RPG 800 132.86 2,258.62

14.

BATTERIES-BCI Group #96 12 volt Min. CCA- 500

Each 12 AC DELCO 96RG 590 92.37 1,108.44

Total Bid Price (sum Total Bids Items 1-14): 34,744.17

VENDOR A: DISTRIBUTION LOCATIONS

Devils Lake Name of Store Factory Motor Parts - Bismarck Address 2525 Vermont Ave, Bismarck, ND 58504 City/State/Zip Devils Lake, ND Contact & Phone # Craig Svalen (701) 221-2000

Dickinson Name of Store Factory Motor Parts - Bismarck Address 2525 Vermont Ave, Bismarck, ND 58504 City/State/Zip Dickinson, ND Contact & Phone # Craig Svalen (701) 221-2000

Fargo Name of Store Factory Motor Parts - Fargo Address 3401 Westrac Dr South, Fargo, ND 58103 City/State/Zip Fargo, ND Contact & Phone # Gwendolyn Kopperud (701) 281-8709

Grand Forks Name of Store Factory Motor Parts - Fargo Address 3401 Westrac Dr South, Fargo, ND 58103 City/State/Zip Grand Forks, ND Contact & Phone # Gwendolyn Kopperud (701) 281-8709

Minot Name of Store Factory Motor Parts - Minot Address 40 21st Ave SE , Minot, ND 58701 City/State/Zip Minot, ND Contact & Phone # Janel Houle (701) 858-0587

Valley City Name of Store Factory Motor Parts - Fargo Address 3401 Westrac Dr South, Fargo, ND 58103 City/State/Zip Valley City, ND Contact & Phone # Gwendolyn Kopperud (701) 281-8709

Williston Name of Store Factory Motor Parts - Bismarck Address 2525 Vermont Ave, Bismarck, ND 58504 City/State/Zip Williston, ND Contact & Phone # Craig Svalen (701) 221-2000

VENDOR B: DISTRIBUTION & RETAIL LOCATION

Bismarck Name of Store Factory Motor Parts - Bismarck Address 2525 Vermont Ave, Bismarck, ND 58504 City/State/Zip Bismarck, ND Contact & Phone # Craig Svalen (701) 221-2000

State Procurement Office

Chad Keech

Title:

Date:

State Procurement Officer

7/31/2024

SECTION 6

CONTRACT TERMS AND CONDITIONS

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

2. Compensation.

a. Contractual Amount

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

b. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the…