Lehr PetroAssmt at Sterling SS IFB.docx

STATE OF NORTH DAKOTA - INVITATION FOR BID (IFB) (July 2026)

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 Department of Environmental Quality PROCUREMENT OFFICER: Amy Cannon EMAIL: amy.cannon@nd.gov

PHONE: (701) 328-7258

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. Offerors may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB.

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. 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.

NOTE: If an amendment (i.e., a new round) is issued for the solicitation in NDBuys and a Bidder has already submitted a response beforehand, Bidders are required to re-submit their response or submit a new response to remain under consideration.

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

NDBUYS STATE PROCUREMENT WEBSITE

This IFB and any related amendment and notices will be posted on the North Dakota NDBuys State Procurement website. Bidders are responsible for checking the NDBuys website to obtain all information and documents related to this IFB. Notices related to this IFB will be sent to the supplier list for the commodity or service needed and other known potential bidders.

Bidders that are registered for the supplier list and would like to receive notices related to this IFB, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of Bidders to receive notices for the solicitation. Bidders that have not yet registered for the supplier list and would like to receive notices related to this IFB and must complete the supplier registration. See NDBuys Quick Reference Guides for how to register.

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

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.

· Administrative Consent Agreement (ACA): agreement entered into by the NDDEQ and a party against whom the NDDEQ has identified violations of a statute, rule, permit, or other environmental law.

· 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.

· Expedited Settlement Agreement (ESA): settlement agreement entered into by the NDDEQ and a party against whom the NDDEQ has identified violations of a statute, rule, permit, or other environmental law.

· 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.

· Notice of Violation (NOV): a written notice from NDDEQ informing a person or entity that they have allegedly violated a statute, rule, permit, or other environmental law.

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

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

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

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

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

Visit the OMB website for instructions: Bidders List Registration Website. For assistance with supplier registration, contact State Procurement Help Desk at 701-328-2740 or ndbuys@nd.gov.

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 WEBSITE (NDBUYS)

Bidders MUST be registered in NDBuys to submit a response.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides for how to register. Once registered, locate the solicitation in NDBuys and select the “Participate in RFx” button. If you do not see the “Participate in RFx” button, contact the Procurement Officer to confirm you are already included in the list of offerors to receive notices for the solicitation.

Offeror MUST electronically submit a response through the NDBuys website by the Bid Response deadline.

Do not wait until the “last minute to submit a response. It is recommend to upload your 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 Bidders failure to timely submit a response due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at ndbuys@nd.gov or 701-328-2740.

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

Visit NDBuys Quick Reference Guides which describe how to submit an electronic response. Bidder must upload their Bid Response as requested in the Bid Response section of this IFB.

The maximum file size allowed is 56MB or 56,120 KB per file. Do not submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

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

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 120 days, unless otherwise specified by the Procurement Officer in writing.

9. Bid Response Opening. A public Bid Response opening will not be held.

10. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received, bid results, and the award.

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

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

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.

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 August 24, 2026 and ends on October 31, 2026.

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.

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. Invoices must be addressed to the Purchasing Agency. All invoice and 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. Completion of Services Required. The CONTRACTOR must meet the specified service completion requirements. If services cannot be performed within the specified time, the CONTRACTOR must notify the Purchasing Agency in writing of the delay and the approximate date delivery may be expected. Service completion is required by the date indicated in the Specifications of this solicitation.

5. 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.

6. 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.

7. 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.

8. 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)

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

10. 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.

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.

· Bidders are instructed to review the indemnification provision in Attachment 6.

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract. Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

· Bidders are instructed to review the insurance provisions in Attachment 6.

SECTION 5: BID SPECIFICATIONS

BACKGROUND

The mission of the STATE’s Brownfields Response Program is to restore contaminated brownfields sites to a safe and productive state. As part of this mission, the STATE will begin assessing conditions at the former F/K/A Sperling Service site located on the corner of Mcintosh Street and First Ave South in Lehr, ND.

The former F/K/A Sperling Service site has been used as a gasoline and diesel filling station and vehicle servicing location for many decades since an unknown start date. The filling station was discontinued around the year 2000. The site is approximately 2,000 square feet consisting of two connected buildings and a partly paved lot. The locations of the former dispensing units are still visible on the south side of the building by the entrance. An aerial site location and photograph of the site are included in Attachment 1. It is likely that underground storage tanks are still buried on site. Their installation predates the North Dakota Underground Storage Tanks registration rules; so, an open records request did not produce any records. For the purposes of this bid, the NDDEQ is estimating that there are at least two (2) tanks/underground piping systems at the site. In the event there are no tanks or only 1 tank found at the site, the cost submitted by Bidder to complete Mandatory Requirement 3 will be reduced and agreed upon between the NDDEQ and the Bidder. If there are no tanks found at the site, the confirmation sampling outlined in the Scope of Work Mandatory Requirements 2 and 5 will not be required, and the NDDEQ will not be charged for the work.

The site has changed ownership multiple times throughout the years from private individuals to Logan County due to non-payment of taxes. Logan County acquired the property in October 2024 through an auditor’s tax deed.

SCOPE OF WORK

The North Dakota Department of Environmental Quality (NDDEQ) is soliciting bids for the removal and disposal of two (2) underground storage tanks/piping systems and the completion of a Phase II Environmental Site Assessment at the former F/K/A Sperling Service site located on the corner of Mcintosh Street and First Ave South in Lehr, ND (the site). Beyond the Phase II Environmental Site Assessment, the Bidder shall also prepare a risk-based analysis using the North Dakota Risk-Based Corrective Action (NDRBCA) procedure. The NDRBCA procedure, calculator and report forms are provided in Attachments 2-4. Bidder is responsible for determining the nature and extent of contamination at the site and assessing any risk(s) to human or environmental health. The information gathered during the project will be used to inform remediation and management decisions for the site as part of the North Dakota Brownfields State Response Program (NDBSRP).

The removal and disposal of the underground storage tanks/piping systems, the Phase II Environmental Assessment, and NDRBCA for the site shall be completed by October 31, 2026.

MANDATORY REQUIREMENTS

1. Sampling and Analysis Plan (SAP) Bidder shall comply with the Brownfields Quality Assurance Project Plan (QAPP)-Attachment 5 and prepare and submit a Sampling and Analysis Plan (SAP). The SAP shall contain the following information and shall be submitted and approved by the NDDEQ before conducting any work at the site.

· Sampling Process and Design

i. Introduction

· Site description and history

· Health and safety concerns

· Contaminants of concerns

· Scope of work

· Project objectives

ii. Quality Assurance/Control

· Special Training/Certification Requirements

· Sampling Methods and Locations

· QA/QC Methods

· Instrument Calibration/ Maintenance

iii. Regulatory Criteria

· Sampling Methods

· Sample Handling and Custody

· Analytical Methods

2. Workplan Bidder shall submit a proposed workplan for conducting removal and disposal of two (2) underground storage tanks/piping systems, and subsurface exploration at the property. The workplan must include a minimum of four (4) soil borings with boring logs up to a maximum depth of 20 feet below ground surface. Bidder will install four (4) temporary groundwater monitoring wells. Soil borings and temporary groundwater monitoring well locations should be determined based on the history and hydrogeology of the site. They should be used to delineate the plume to the north, south, east and west of the tank /piping system. The soil borings and temporary groundwater monitoring wells should be abandoned after field work is complete. Installation and abandonment of soil borings and temporary groundwater monitoring wells shall be compliant with NDAC 33.1-18-02.

Sampling will also include six (6) soil confirmation samples of the following areas: the bottom of the tank basin, two of the sidewalls of the tank basin, one under the pipeline right away if encountered, and one under each former dispensing unit location. A groundwater sample must be taken from under the tank if encountered. Given the unknown information about the site’s underground storage tanks, Bidder and the NDBSRP staff will assess the state of the underground storage tanks to determine if removal is feasible or if leaving the tanks in place is a better option. The NDBSRP staff will make the final determination. If there are no tanks found at the site or the underground storage tank(s) cannot safely be removed, the soil confirmation and groundwater samples will not be required, and the NDDEQ will not be charged for the work.

The workplan shall comply with the Brownfields QAPP-Attachment 5, contain the following information, and be submitted and approved by the NDDEQ before conducting any work at the site.

1. Location of the Site

2. A Brief History of the Site

3. Project Organization Chart

4. Project Scope and Objectives

5. Field Work Operations

a. Tanks/piping systems removal and disposal activities

b. Soil boring procedure and location (include map or sketch)

c. Soil boring and confirmation sampling from UST removal

d. Soil boring and temporary groundwater monitoring well installation, location and abandonment (including map or sketch)

6. Site Assessment Report – This assessment should include NDRBCA Tier 1 assessment and use the NDRBCA Report Forms provided in Attachment 4.

7. Risk Management

8. Proposed Schedule of Activities

3. Removal and Disposal Bidder will remove and dispose of two (2) underground storage tank(s)/piping systems in accordance with all aspects of the NDDEQ approved workplan. Removal and disposal of tanks/piping systems includes any attached piping, gauging systems, and wiring. Removal and disposal does NOT include concrete, contaminated soil, sludge/liquids, and backfill. Bidders are required to follow all North Dakota Department of Transportation regulations when transporting and disposing of the underground storage tanks/piping systems.

4. Groundwater Survey Bidder will complete a groundwater survey identifying the direction and approximate rate of groundwater flow at the site.

5. Soil and Groundwater Sampling Analysis Bidder is required to collect the following samples and send them for laboratory analysis.

· Minimum of four (4) soil samples from soil borings.

· Four (4) groundwater samples from temporary monitoring wells.

· Six (6) confirmation soil samples from UST/ piping removal.

· One (1) groundwater sample if groundwater is encountered under the UST.

Samples will be sent to a laboratory certified by the North Dakota Department of Environmental Quality chemistry Department and will be analyzed for the following analytes:

· TPH-DRO required for groundwater and soil samples.

· TPG-GRO required for groundwater and soil samples.

· VOCs required for groundwater and soil samples. In case recoverable groundwater is encountered, this analyte will be sampled in groundwater only.

· SVOCs required for groundwater and soil samples.

· PAHs required for groundwater and soil samples.

· BTEX (Benzene, Toluene, Ethylbenzene, and Xylenes) required for groundwater and soil samples. In case recoverable groundwater is encountered, this analyte will be sampled in soil only.

6. Report Bidder will prepare a report documenting the activities related to the removal and disposal of underground storage tanks/piping systems and findings of the investigation in compliance with industry standards for a Phase II Environmental Site Assessment contained in Attachment 5. The report will be submitted to the NDDEQ in an electronic format – no hard copy submissions are required.

7. Tier 1 Risk Analysis Bidder will prepare a risk analysis for Tier 1 and use the NDRBCA Report Forms, procedures, and tools provided in Attachments 2-4.

8. Brownfields QAPP This project is subject to the Brownfields QAPP-Attachment 5. Bidder is responsible for identifying and complying with all state and federal requirements applicable to this project.

9. Experience, Professional Licenses and Permits Bidder must have at least five (5) years’ experience with underground storage tank removal and environmental assessment and/or remediation to be considered for contract award. Bidder must provide a total of three (3) examples of underground storage tank removal and environmental assessment/remediation projects that have been completed which demonstrate the required years of experience. Bidders must provide information requested in Section 6, Bid Response to demonstrate that they successfully meet the requirements. If Bidder fails to provide the information, or if Bidder fails to meet the requirements, the Bid Response will be rejected.

Bidder must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Bidders that do not possess required licenses at the time bids are due will be determined non-responsive to the bid requirements and will be rejected.

10. Bidder must meet the following requirements to be eligible to submit a Bid Response.

· Contractor or subcontractor must not be a party to an NOV issued by the NDDEQ within one year of the Bid Response deadline.

· Contractor or subcontractor must not have entered into an ACA or ESA with the NDDEQ or be the subject of an administrative order issued by the NDDEQ within one year of the Bid Response deadline.

11. SAM.gov Unique Entity Identifier Bidder must obtain a Unique Entity Identifier (UEI) from the System for Award Management (SAM.gov) prior to contract execution.

NOTE: Bidders that meet the mandatory requirements will submit a Bid Response by completing and submitting Section 6: Bid Response. Bid Submission instructions are outlined in Section 1, Subsection 5: Submission Instructions.

ATTACHMENTS

1. Site Location and Photographs

2. North Dakota Risk-Based Corrective Action (NDRBCA) Technical Guidance

3. NDRBCA Calculator

4. NDRBCA Report Forms

5. Brownfields Quality Assurance Project Plan (QAPP)

6. Purchase of Service Agreement (PSA)

SECTION 6: BID RESPONSE

Submission of this Bid Response confirms Bidders ability to meet the October 31, 2026 project completion date.

Costs itemized per line should include completion of all Scope of Work and Mandatory Requirements provided in Section 5 in the total cost. The award will be based on the total cost of items 1-9.

NOTE: See Section 5: Bid Specifications, 2nd paragraph under Background.

TOTAL COST of Items 1-9

NOTE: The cost provided for each groundwater and soil sample is NOT included in the Total Cost for which the award is based.

Bidder must have at least five (5) years’ experience with underground storage tank removal and environmental assessment and/or remediation. Bidder must provide a total of three (3) examples of underground storage tank removal and environmental assessment/remediation projects that have been completed which demonstrate the required years of experience.

Bidder will provide the requested information below. Examples provided must include the year the work was performed, the entity for which the work was being performed, a description of the work, and accurate contact information for verification. NDDEQ reserves the right to contact the entity for verification of work as noted in each example provided by Bidder.

Example 1

BIDDER ADD EXAMPLE 1

Example 2

BIDDER ADD EXAMPLE 2

Example 3

BIDDER ADD EXAMPLE 3

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. § 32 12.2 04.

Bidder/Contractor Name

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 STATE intends to execute a contract substantially similar to the Purchase of Service Agreement (PSA) provided in Attachment 6. The Contractor must comply with the terms and conditions set forth in attached contract and requirements addendum. North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from the STATE.

Pursuant to N.D.A.C. § 4-12-11-06, bid responses subject to conditions imposed by the Bidder may be rejected as nonresponsive, as determined by the STATE.

Proposed terms and conditions that conflict with those contained in the attached contract or that diminish the STATE’s rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the proposal and a term or condition in the attached contract. Part or all of this IFB and bid response may be incorporated into the attached contract. The STATE may deem any failure to object to a contract provision as the Bidder’s acceptance of that provision.