Lidgerwood+1Stop+Tank+Removal+and+Assmt+IFB.docx

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(July 2025)

926 (30) (42) (45) (52) (54) (65) (66) (72) (78) (82) (83) (84) (85) and (91)

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. 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.

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.

· 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. 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: 925 (35); 926 (30) (42) (45) (52) (54) (65) (66) (72) (78) (82) (83) (84) (85) and (91).

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.

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 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 and the award. Bid Response results may be posted on SPO Online: https://apps.nd.gov/csd/spo/services/bidder/main.htm

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

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

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

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

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

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

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

18. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Procurement Officer by the 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.

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 15, 2025 and ends on September 30, 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.

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:

· Pricing, Firm-Fixed with Adjustment upon Renewal. Pricing shall be firm for the initial Contract Period. After the initial Contract Period, the CONTRACTOR may submit a request for a price increase to the STATE for Contract renewal options. Requests for a price increase must include evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject the price increase, 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.

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 7.

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 7.

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 Lidgerwood One Stop gas station in Lidgerwood, ND.

The former Lidgerwood One Stop site was used as a gas station and convenient store for many decades with an unknown start date. The site initially had a 4,000-gallon underground storage tank (UST) located on the northwestern area of the property. This tank was removed in 1993, and 30 cubic yards of contaminated soil was removed as well. Photographs of the site are included in Attachment 1. In 1981, four tanks were installed at the north central part of the property in front of the building. In 1995, those four tanks and an abandoned 560-gallon tank were removed. The removed tanks were replaced by a 10,000 and a 12,000-gallon tanks. 500 cubic yards of contaminated soil was removed during the tanks removal field work. A limited Phase II Environmental Site Assessment was conducted in 2010 to determine the presence of petroleum contamination in the subsurface soil near the pump island and the underground storage tank. The Phase II Environmental Site Assessment determined that petroleum contamination was present in each of the three tests holes advanced on the property. The limited Phase II Environmental Site Assessment did not determine the extent of contamination on the site. Attachment 2 contains the report of the Phase II Environmental Site Assessment. The site has changed multiple owners throughout the years. The site has had a prolonged noncompliance history with the Petroleum Tank Release Compensation Fund program and the Underground Storage Tank program. The City of Lidgerwood acquired the property in January 2025 due to non-payment of taxes.

SCOPE OF WORK

The North Dakota Department of Environmental Quality (NDDEQ) is soliciting bids for the removal of underground storage tanks and the completion of a Phase II Environmental Site Assessment at the former Lidgerwood One Stop located at 117 Willey Ave S. in Lidgerwood, ND (the site). 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 3-5. Bidder is responsible for determining the nature and extent of contamination at the site and assessing any risks 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 Response Program.

The underground storage tank removal, Phase II Environmental Assessment, and NDRBCA for the site shall be completed by September 30, 2025.

MANDATORY REQUIREMENTS

1. Bidder shall comply with the Brownfields Quality Assurance Project Plan (QAPP)-Attachment 6 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. Bidder will submit a proposed workplan for conducting removal and disposal of two underground storage tanks, and subsurface exploration at the site. The workplan must include a minimum of five (5) soil borings with geophysical logs up to a maximum depth of 20 feet below ground surface. Bidder will install three (3) temporary groundwater monitoring wells. Soil borings and temporary groundwater monitoring well locations should be determined based on the history and hydrogeology of the site. 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 wells shall be compliant with NDAC 33.1-18-02. The workplan shall contain the following information and be submitted and approved by the NDDEQ before conducting any work at the site.

· Location of the Site

· A Brief History of the Site

· Project Organization Chart

· Project Scope and Objectives

· Field Work Operations

i. Tanks removal activities

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

iii. Temporary groundwater monitoring well installation, location and abandonment (including map or sketch)

· Site Assessment Report – This assessment should include NDRBCA Tier 1 assessment and use the NDRBCA Report Forms provided in Attachment 5.

· Risk Management

· Proposed Schedule of Activities

3. Bidder will remove two underground storage tanks and conduct the subsurface investigation in accordance with all aspects of the NDDEQ approved workplan.

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

5. Bidder will sample and send for laboratory analysis the five (5) soil samples from the soil borings and three (3) groundwater samples from the temporary groundwater monitoring wells. A sketch of the site is included on pg. 45 of Attachment 2. The samples must be submitted to a lab certified by the North Dakota Department of Environmental Quality Chemistry Laboratory and will be analyzed for the following analytes:

· TPH-DRO

· TPG-GRO

· BTEX (Benzene, Toluene, Ethylbenzene, and Xylenes)

· VOCs

· SVOCs

· PAHs

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

7. Bidder will prepare a risk analysis for Tier 1 and use the NDRBCA Report Forms and procedures and tools provided in Attachments 3-5.

8. Bidder must have at least five (5) years of 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 they have completed.

9. This project is subject to the Brownfields QAPP-Attachment 6. Bidder is responsible for identifying and complying with all state and federal requirements applicable to this project.

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. Bidder must be registered through the federal system for awards management (www.sam.gov) prior to contract execution.

Bidders that meet the mandatory requirements may submit a Bid Response by completing and submitting Section 6: Bid Response. Bid Submission instructions are outlined in Section 1.

SECTION 6: BID RESPONSE

BID RESPONSE

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 1-7.

ITEM NO.

SCOPE OF WORK

TOTAL COST

Bidder must have at least five (5) years of 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 they have completed in the space provided below.

Example 1

BIDDER ADD EXAMPLE1

Example 2

BIDDER ADD EXAMPLE2

Example 3

BIDDER ADD EXAMPLE3

BIDDER INFORMATION AND SIGNATURE

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

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

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

Bidder/Contractor Name:

Contractor Federal Employer Identification Number (FEIN)

Bidder Street Address/ P.O. Box:

City, State ZIP:

Contact Name:

Contact Title:

Telephone Number:

Email:

Authorized Representative Signature:

Date:

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

The STATE intends to execute a contract substantially similar to the Purchase of Service Agreement (PSA) provided in Attachment 7. 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.

ATTACHMENTS

1. Site Photographs

2. Limited Phase II Environmental Site Assessment Report

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

4. NDRBCA Calculator

5. NDRBCA Report Forms

6. Brownfields Quality Assurance Project Plan (QAPP)

7. Purchase of Service Agreement (PSA)