Invitation+for+Bid.docx

INVITATION FOR BID

Bid Number: NDSUCE2024.18

Bid Title: CGREC Sorting Pen and in-barn working facility Project

Date Issued: 8-19-2024

Procurement Officer: CASIE EWALT

Deadline for Questions:

**All questions MUST be sent via email to Casie Ewalt** Telephone: 701.231.9599

Bid Due Date and Time: 9-3-2024 by 2pm CST

E-mail: casie.ewalt@ndsu.edu

Start Date: ASAP Completion Date: Mid October 2024 Project Location: NDSU CGREC 4824 48th Ave SE, Streeter, ND 58483

You are invited to participate in this Invitation for Bid.

Please submit your bid response in conformance with the instructions specified herein.

By submitting a bid response, the bidder agrees and promises to sell, furnish, and deliver to North Dakota State University (NDSU) all commodities and services contained in this Invitation for Bid for which a contract is awarded by NDSU. The bidder will fully perform the contract in accordance with the all specifications, terms and conditions, and requirements contained in the Invitation for Bid and will comply with all applicable provisions of the North Dakota Century Code Chapters 54-44.4, 46-02, and 44-08, made a part of the Invitation for Bid and contract by reference.

Written acceptance of the bidder's bid response by NDSU, by issuance of a purchase order or contract, constitutes a binding contract made and entered into by and between NDSU and the bidder named below:

Bidder Company Name:

Street Address:

Type or Print Name of Person Signing:

Title:

Authorized Signature:

Bid Submittal Instructions:

Bid responses can be Emailed to Casie Ewalt:

Email: 1st page of Invitation to Bid and last page(s) Bid Form, along with detailed quote: casie.ewalt@ndsu.edu

Bid responses received after the date and time specified on the cover sheet of this Invitation for Bid will be rejected. Address the envelope containing your response in the following manner:

Bidder Checklist. Have you remembered to:

· Review all instructions, terms and conditions, and specifications to ensure your bid response complies?

· Prepare your price in the specified unit of measure, F.O.B. Destination, Freight Prepaid to the delivery location listed on the cover sheet?

· Indicate whether you can meet the delivery date indicated on the cover sheet?

· Sign your bid response on the cover sheet?

· Initial all changes and corrections?

· Submit any required samples or enclosures, if applicable?

Bidder’s Instructions

1. Additional Terms and Conditions. Additional terms and conditions submitted with a bid response are of no effect unless accepted in writing by the purchasing agency. Bids with any additional terms and conditions may be rejected as non-responsive.

2. Assistance to Bidders with a Disability. Bidders with a disability that needs an accommodation must contact the Procurement Officer prior to the deadline for receipt of bids so that reasonable accommodation can be made.

3. Bid Held Firm. Bid responses will be firm for 90 days, unless otherwise specified by the Procurement Officer in writing.

4. Bid Results. Bidders desiring a copy of the bid results may contact the Procurement Office.

5. Corrections. The bidder’s authorized representative must initial any corrections and alterations (i.e., erasures, whiteouts, correction tape, etc.) made to the bid response. Those bid responses with corrections and alterations that are not initialed are subject to acceptance by the Procurement Office.

6. Late Bids. It is the bidder’s responsibility to ensure that a bid response is physically deposited with NDSU prior to the date and time specified for the opening. Late bid responses will not be opened and will be rejected regardless of the degree of lateness or the reason.

7. Right of Rejection. NDSU reserves the right to reject any and all bids in whole or in part. Bids received from debarred or suspended vendors will be rejected. The procurement office may reject any proposal that is not responsive to all of the material and substantial terms, conditions, and performance requirements of the bid. NDSU also reserves the right to refrain from making an award if it determines it to be in its best interest.

8. Minor Informalities. NDSU 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 document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other bidders.

9. Multiple Bids. Bidders may submit more than one bid in response to this solicitation. Each bid must be submitted separately and must comply in all aspects with the bid requirements and these instructions.

10. New Equipment, Used Equipment, Refurbished Equipment and Materials Certification. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials will be new and under current production for use in the United States

11. Packaging. All commodities and equipment are to be delivered and packaged strongly and securely according to accepted commercial practices.

12. Prices, Currency. All prices must be in United States currency.

13. Pricing (Unit and Total Prices). The unit price 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.

14. Questions and Clarifications. All questions and requests for clarification regarding this solicitation must be addressed to the Procurement Officer referenced on the cover sheet of this document. The requirements of this solicitation can only be altered by written amendment of the solicitation. Verbal communications from whatever source are of no effect. Questions must be received by the deadline specified on the cover sheet to allow the Procurement Officer to issue any needed amendments in sufficient time before the bid opening date.

Bidders are responsible for checking this website to obtain all information and documents related to this IFB at: https://www.omb.nd.gov/doing-business-state/procurement/bidding-opportunities

*State Procurement Online *Recent Solicitations or *Search All Solicitations

15. Signature. The bidder submitting the bid response or that bidder’s duly authorized agent or representative must sign the bid response manually in ink. The name and title of the person signing the bid response must be typed or printed below the signature.

16. Specifications, Brand Name or Equivalent. Unless otherwise indicated in the detailed specifications of this solicitation, the use of a specific brand name or make/model is for illustrative purposes only, and NDSU will consider equivalent products

17. Specifications, Compliance. All bids submitted in response to this Invitation for Bid must comply with the specifications contained herein, and the successful bidder will be held responsible. Noncompliance with specifications is grounds for rejection of the bid response. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the specifications stated herein must contact the Procurement Officer in writing as soon as possible, so the Procurement Officer can determine whether the specifications need to be amended.

18. Taxes. NDSU is not responsible for and will not pay local, state, or federal taxes. NDSU sales tax exemption number is E-5411. NDSU will furnish certificates of exemption upon request by the Contractor.

19. Withdrawal or changes to a bid response prior to the bid opening date and time. Before the bid opening date and time, the bidder’s authorized representative may withdraw or change a bid response by making a written request to the Procurement Officer.

20. Withdrawals after the bid opening date and time. After the opening, no changes may be made to the bid response. The bidder may make a written request to withdraw the bid response, subject to approval by the Procurement Officer. Bidders repeatedly withdrawing bids after the opening date may be removed from the State bidders list.

GENERAL CONTRACT TERMS AND CONDITIONS

1. Payment Terms. Payment will normally be made within thirty (30) days after receipt of a correct invoice.

2. Prepayment NDSU will not make any advance payments before performance by Contractor under this Contract.

Prompt Payment Discount Terms offered by the Contractor may be taken by NDSU for payments made within specified terms.

3. Taxes and Taxpayer Identification. The Contractor will provide its federal employer ID number to NDSU before any payments will be made by NDSU.

4. A Contractor performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on material and supplies used or consumed in carrying out contracts. In these cases, the Contractor is required to file returns and pay sales and use tax just as required for contracts with private parties.

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

5. Purchasing Card NDSU may make payment using an NDSU credit card. Bidder will accept an NDSU credit card without passing the processing fees back to NDSU.

6. 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.

7. Termination of Contract.

1. Termination without cause.

This Contract may be terminated by mutual consent of both parties, or by either party upon 30 days' written notice.

Early Termination in the Public Interest.

North Dakota State University is entering into this Contract for the purpose of carrying out the public policy of North Dakota State University, as determined by its governor, its legislative assembly, the State Board of Higher Education, and its courts. If this Contract ceases to further the public policy of NDSU, in its sole discretion, NDSU may terminate this Contract in whole or in part by written notice to Contractor.

Termination for Lack of funding or Authority.

NDSU by written notice to Contractor, may terminate the whole or any part of this Contract 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 Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

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

Further, continuation of this Contract beyond June 30 of any odd-numbered year is contingent on continued legislative appropriation of funds for the purposes of this Agreement. If those appropriations are not forthcoming, NDSU will notify Contractor as soon as possible and the Contract will terminate on June 30 of that year. NDSU will not be penalized or incur any liability because of termination of this Contract as provided in this subsection.

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

Termination for Cause.

NDSU may terminate this Contract effective upon delivery of written notice to Contractor, or any later date stated in the notice:

The rights and remedies of NDSU provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

Termination, Deliveries.

If the Contract is terminated for any reason, the Contractor is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by NDSU.

8. Force Majeure. Neither party will be held responsible for delay or default caused by fire, riot, terrorism, 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 promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

9. Works for Hire. Contractor acknowledges that all work(s) under this Contract is a "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to NDSU all rights and interests Contractor may have in the work(s) it prepares under this Contract, including any right to derivative use of the work(s). All software and related materials developed by Contractor in performance of this Contract for NDSU will be the sole property of NDSU, and Contractor hereby assigns and transfers all its right, title, and interest therein to NDSU. Contractor will execute all necessary documents to enable NDSU to protect NDSU’S intellectual property rights under this section.

10. Work Product. All work product, equipment, or materials created for NDSU or purchased by NDSU under this Contract belong to NDSU and must be immediately delivered to NDSU at NDSU’s request upon termination of this Contract.

11. Confidentiality. Contractor will not use or disclose any information it receives from NDSU under this Contract that NDSU has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Contract or as authorized in advance by NDSU. NDSU will not disclose any information it receives from Contractor that Contractor has previously identified as confidential and that NDSU determines in its sole discretion is protected from mandatory public disclosure NDSU under a specific exception to the North Dakota public records law, N.D.C.C. Ch. 44-04. The duty of NDSU and Contractor to maintain confidentiality of information NDSU under this section continues beyond the term of this Contract.

12. Inspection and Investigations. NDSU reserves the right to conduct inspections and investigations related to the Contractor and offered commodities or services, including but not limited to the firm, its facility, personnel, qualifications, and the commodities and/or services offered to make determinations regarding compliance with the Contractor requirements and responsibility of the Contractor. All material and workmanship will be subject to inspection and testing by NDSU either at the point of manufacturer, place of storage, or upon receipt.

13. Compliance with Public Records Law. This Contract is subject to North Dakota’s public records law.

14. Independent Entity. Contractor, its employees, agents, and representatives NDSU under this Contract are not NDSU employees for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. Contractor retains sole and absolute discretion in the manner and means of carrying out Contractor’s activities and responsibilities NDSU under this Contract, except to the extent specified in this Contract. No part of this Contract shall be construed to represent the creation of an employer/employee relationship.

15. Assignments and Subcontracts. The Contractor may not assign or otherwise transfer or delegate any right or duty without NDSU’s express written consent. However, the Contractor may enter into subcontracts provided that any such subcontractor acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. The Contractor is solely responsible for the performance of any subcontractor. The Contractor will not have the authority to contract for or incur obligations on behalf of NDSU.

16. Spoliation – Preservation of Evidence. Contractor agrees to promptly notify NDSU of all potential claims which arise from or result from this Contract. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant NDSU the opportunity to review and inspect such evidence, including the scene of the accident.

17. Severability. If any term of this Contract is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the parties are to be construed and enforced as if the Contract did not contain that term.

18. Applicable Law and Venue. This Contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this Contract must be brought in the Northeast Central Judicial District Court of Grand Forks County, North Dakota. NDSU does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. NDSU does not waive any right to a jury trial.

19. Nondiscrimination and Compliance with Laws. The Contractor must, in performance of work NDSU under this Contract, fully comply with all applicable federal, state, or local laws, rules, and regulations, including Title VI of the Civil Rights Act of 1964 and other laws concerning fair employment and employment of the handicapped, and concerning the treatment of all employees without regard to race, color, religion, sex, national origin, or physical handicap. Any subletting or subcontracting by the Contractor subjects the subcontractors to this provision.

20. Required Licenses:

At the time specified by the deadline for submission of proposals, the bidders must have and keep current any professional licenses and permits required by federal, state, and local laws for the performance of this contract. Bidders that do not possess the required licenses at the time proposals are due will be determined non-responsive.

21. Approved Vendor Registration Requirements:

N.D.C.C. § 54-44.4-09 requires the Office of Management and Budget to maintain a Bidders List of vendors that desire to provide commodities and services to the state. Bidders must comply with the following registration requirements:

Proposals will be accepted from unregistered bidders. The successful bidder is required to complete the registration process within 60 calendar days from the date a notice of intent to award is issued.

To register with the North Dakota Secretary of State (fees apply) – registration instructions and forms are available on-line at Bidders List Registration and Maintenance | Office of Management and Budget North Dakota

Click on the above link and follow the below steps:

· Bidders List Application

· Registration Menu

· Bidder Registration

· Register Now

22. Audit. NDSU will have full access at all times to all of the Contractor's records, regardless of physical form, related to this Contract. Contractor will maintain all such records for at least three years following completion of this Contract.

23. On-Campus Parking. All Contractors, delivery persons, and vendors parking on campus are required to either: obtain a NDSU parking permit or park in the visitor pay lot.

24. Contract Amendment. Any changes to this Contract (i.e., substitution of product or a price adjustment) will require the prior written approval of each party.

25. Binding Contract. After the bid has been awarded, a contract, purchase order, or P-Card will be issued between the Contractor and NDSU. Any oral agreement or arrangement by a Contractor with a University employee will have no force or effect unless reduced to writing.

SPECIAL TERMS AND CONDITIONS

1. Award. Award will be made to the responsible bidder with the lowest priced bid that is responsive to the specifications and all other requirements stated herein.

2. Pricing. Pricing under this Contract will be as follows:

Firm Fixed. The total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request. Pricing will be firm for the period of the Contract.

3. Indemnification and Insurance Requirements.

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

Insurance

The Contractor shall secure and keep in office during the term of this Agreement from insurance companies authorized to do business in the North Dakota:

1) commercial general liability;

2) automobile liability;

3) workers compensation insurance (if required by law), all covering the Contractor for any and all claims of any nature including all costs, expenses, and attorneys' fees that may in any way arise out of or the result of this agreement.

The Contractor shall furnish the NDSU contact person with a certificate of insurance as evidence that these policies are in effect.

The minimum limits of liability are: commercial general liability & Automobile liability - $500,000 per person and $2,000,000 per occurrence. Workers Compensation - statutory limits.

These policies may not be canceled or modified without thirty (30) day's prior written notice to NDSU.

CONTRACTOR shall furnish a certificate of insurance to the undersigned University representative prior to commencement of the Agreement. All endorsements shall be provided as soon as practicable.

Failure to provide insurance as required in this agreement is a material breach of contract entitling UNIVERSITY to terminate this Agreement immediately.

Objections to any of the provisions of the Indemnification and Insurance Requirements must be made in writing to the attention of the procurement officer by the time and date set for receipt of questions. No alteration of these provisions will be permitted without prior written approval from NDSU.

Upon receipt of the Notice of Intent to Award, the successful bidder must obtain the required insurance coverage and provide procurement with proof of coverage prior to Contract approval. The coverage must be satisfactory to NDSU. A bidder’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the Contract.

· Delivery. The Contractor will deliver commodities and services ordered NDSU under this Contract as follows:

· Delivery is required by the date indicated on the cover sheet of this solicitation.

· Unless otherwise indicated, orders are to ship complete.

If delivery requirements cannot be met within the specified time, the Contractor must notify NDSU in writing of the delay and the approximate date delivery may be expected.

· F.O.B. Point and Freight. Delivery and passage of title under this Contract will be as follows.

· Delivery will be F.O.B. Destination to the location specified on the cover page of the solicitation. The freight is to be included in the price of the products. Title will pass to NDSU upon delivery to the specified destination.

· Descriptive Literature. The bidder’s response must include descriptive literature or detailed manufacturer’s specifications for the specific equipment or commodities being offered. Bidders are instructed to clearly mark the literature information that demonstrates compliance with the specification.

Specifications:

Central Grasslands Research Extension Center:

Sorting Pen and Working Facility within the New Livestock Facility 4824 48th Ave SE Streeter, ND 58483

Project Specifics:

Equipment and fence inside Livestock barn

· One (1): 30-foot adjustable single alley

· Approximately 80 feet of fence:

· 2 3/8-inch top rail

· 3 rails of 1 7/8-inch pipe

· 2 rails of 3-inch channel iron with 24” of 12-gauge sheeting Gates and equipment outside of barn

· 21 pens and load out alley (see diagram)

· FENCE: 1850 feet of estimated fence line with the following specifications

· 9-foot-long posts at 8-foot distance between posts, cemented 3 feet deep

· Posts are: 2 7/8-inch pipe or 2 ½ inch square tube with .250 wall

· Rails are: Top rail 2 3/8 pipe with 0.250 wall

· 5 rails of 1 7/8 pipe, schedule 10 GATES: estimated gate count eighty (80) 12-foot gates and twelve (12) 16-foot gates

· 6 bar gates made of 1 7/8 diameter 14-gauge pipe

· Gates to be installed with overhead ties.

· Overheads 4 ½ to 5 ½ inch pipe with 0.250 wall

· Cross over of 2 3/8 pipe with 0.250 wall All materials must be furnished and installed All gates installed with latches.

BID FORM:

COMPANY: ______________________________________________________

Material: $ ___________________________

Installation: $ _____________________________

Misc: $ ______________________________

Total Cost of Project: $ __________________________

*Attach Detailed Quote along with bid form

Can you Start & Complete Work in the designated time frame? ______________________________________

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