MSU-27-003 - Master Planning Services - Campus Facilities.docx

State of North Dakota Minot State University 500 University Ave. West Minot, ND 58707

Request for Qualifications (RFQ) RFQ Title: Master Planning Services – Campus Facilities RFQ Number: MSU-27-003 Issued: October 2, 2026

Table of Contents

Attachments Attachment 1 - Technical Proposal Evaluation Worksheet

Attachment 2 - Contract 1.

Section One – Instructions Purpose of RFQ The State of North Dakota, acting through Minot State University (the STATE) is seeking a qualified firm to develop an updated master plan for the maintenance and development of the campus facilities. The goal of this contract is to provide recommendations for both short and long-term campus preservation and development, addressing changes that have occurred since the last master plan update in 2008.

Procurement Officer Contact Information The Procurement Officer is the point of contact for this RFQ. Offerors shall direct all communications regarding this RFQ to the Procurement Officer. Do not add the Procurement Officer to any marketing distribution lists.

Procurement Officer: Jessica Jastrzebski Email: jessica.jastrzebski@minotstateu.edu Phone: 1-701-858-4153 Definitions For the purposes of this RFQ, the acronyms and defined terms are as follows:

RFQ Schedule

Supplier registration is Required to submit a response to a solicitation posted in NDBuys. See RFQ Section 1.7 – Supplier Registration

Assistance to Individuals with a Disability Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFQ, including any events in the RFQ schedule, so reasonable accommodations can be made.

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 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.

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 website (NDBuys). Supplier registration does not guarantee a vendor will receive notice of every solicitation. There are no fees to register as a supplier.

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

Supplier registration is required to submit a response to a solicitation posted in NDBuys.

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.

NDBuys State Procurement Website This RFQ and any related amendment and notices will be posted on the North Dakota NDBuys State Procurement System. Offerors are responsible for checking the NDBuys system to obtain all information and documents related to this RFQ.

Notices related to this RFQ will be sent to the supplier List for the needed commodity or service and other known potential offerors.

Offerors that are registered for the supplier list and would like to receive notices related to this RFQ, 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.

Offerors that have not yet registered for the supplier list and would like to receive notices related to this RFQ and must complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides for how to register.

Amendments to the RFQ If an amendment to this RFQ is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFQ. An Offeror shall include in their proposal any required acknowledgements of amendments to the RFQ.

Note: If a supplier has already submitted a response to the solicitation before an amendment was posted, the same response or a revised response needs to be submitted again in order to be considered in evaluation for the solicitation.

Deadline for Questions and Objections Offerors should carefully review the RFQ including all attachments. Offerors may ask questions to obtain clarification, request additional information, or object to material in the RFQ. Questions and objections must be submitted to the procurement officer in writing by the deadline identified in the RFQ schedule:

1. Offerors may submit questions within NDBuys using the “Discussions Tab” in the system (see the OMB website for a quick reference guide); or

2. Offerors may email the question directly to the Procurement Officer.

The Procurement Officer may elect to respond to questions received after the deadline. If no deadline is specified, questions or objections must be received at least seven days prior to the proposal receipt deadline – Solicitation Closing.

Questions and objections should include a reference to the applicable RFQ section or subsection.

Responses to questions and requests for clarifications will be distributed as a solicitation amendment unless the question can be answered by referring the offeror to a specific section of the RFQ.

Note: If an amendment (i.e., a new round) is issued for the solicitation in NDBuys and an Offeror has already submitted a response beforehand, Offerors are required to resubmit their response or submit a new response to remain under consideration.

Preproposal Conference or Site Inspection The STATE will hold preproposal site inspections for the RFQ. Participation is not mandatory.

The preproposal site inspection will be held:

October 15, 2026

1:00 PM C.T.

Minot State University Student Center Westlie Room, 3rd Floor 500 University Ave. West Minot, ND 58707 Offer Held Firm Offerors must hold proposals firm for at least 180 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

Offeror Responsible for Costs Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

Taxes The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon request by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are Form 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider 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 materials, tangible personal property, 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. Contact the North Dakota Tax Department at 701-328-1246 or visit their website at North Dakota Tax Department Website for more information.

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 their website for more information.

Proposal Receipt Deadline – Late Proposals Rejected An Offeror is solely responsible for ensuring their proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFQ schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether their proposal has been received. Proposals delivered late will be rejected pursuant to.

Proposal Opening A public opening will not be held.

This is a formal sealed Request for Qualifications (RFQ) process. Proposals will be secured and held unopened until the Solicitation Closing deadline.

Amendment and Withdrawal of Proposals Offeror may amend, supplement, or withdraw proposal prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw their proposal and shall provide evidence that a substantial mistake has been made, at which point the STATE may permit withdrawal.

News Releases Offerors shall not make any news releases related to this RFQ without prior approval of the STATE.

Collusion Prohibited By signing the RFQ response the Respondent certifies that the response submitted has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of actions with, any other vendor services described in the RFQ scope of work, designed to limit independent bidding or competition.

Supplier/Payee Registration The successful Offeror 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.

Section Two – Background Background Information Founded in 1913, Minot State University began with a clear and meaningful mission: preparing teachers to serve the communities of northwestern North Dakota.

Over the past 100 years, Minot State University has evolved alongside the region we serve, expanding our academic offerings, growing our campus, and embracing new opportunities while remaining committed to student success. Today, Minot State University is proud to offer over 100+ areas of study at the undergraduate and graduate level on a beautiful campus that has grown to over 100 acres in size. Students from all across the United States and over 55 countries call Minot State home.

Minot State University is located in Minot, North Dakota. A college town of over 45,000 people and home to the Minot Air Force Base.

Section Three – Scope of Work Scope of Work Minot State University is seeking a qualified firm to develop an updated master plan for the maintenance and development of the campus facilities. The goal of this contract is to provide recommendations for both short and long-term campus preservation and development, addressing changes that have occurred since the last master plan update in 2008.

This project will assess existing facility conditions and develop a 12-year capital improvement plan. The project will also define projected functional requirements and space needs which will guide future facility development and design. The final product will be used as a tool for future facility infrastructure planning and programming efforts.

Minot State University will use the campus facilities master plan for the following purposes:

· Communicating Minot State University’s vision

· Establishing development guidelines

· Planning capital expenditures

· Evaluating most appropriate land use

· Planning expansion and configuration of campus supporting infrastructure and utility systems

· Supporting planning and growth programs

· Maximizing utilization of facilities

· Integration of information technology systems

· Aligning facilities with academic programs

· Addressing regulatory requirements

· ND State Board of Higher Education approval for development projects

· Fund-raising Requirements The selected firm will provide comprehensive master planning services for the campus, which includes 26 buildings totaling over 900,000 square feet on 100 acres.

A. The Scope of Services includes:

a. Existing Conditions Assessment

1. Provide a comprehensive facility condition assessment of existing buildings and infrastructure (utilities, information technology, roads, etc.).

2. Assess building conditions and remaining useful life.

3. Provide a prioritization plan that addresses repair and renovation needs.

4. Provide a framework for capital planning and lifecycle cost analysis.

b. Space Needs Analysis

1. Conduct space utilization studies (classroom, office, lab, etc.)

2. Identify underused or misaligned space and recommend optimizations.

3. Identify building opportunities and siting locations.

4. Assess student housing demand, capacity, quality, location, and condition.

5. Assess parking demand, capacity, expansion, and location.

6. Assess Athletics and campus recreation; program demand and capacity.

7. Provide a plan for allocating and budgeting space to maximize space utilization.

c. Land use and campus development planning

1. Land use, acquisition, disposition, and potential campus boundary changes.

2. Open space, recreation, academic study, athletics, environmental and regulatory.

3. Analyze access, parking, and traffic flow (including pedestrian, emergency, delivery, local bus routes, and service) across campus.

4. Evaluate enrollment trends (including projected enrollment for the next five years), program trends and needs, and develop a plan for existing and future space requirements.

d. Infrastructure and utility planning

1. Assess utilities and infrastructure (including condition, proximity, location, and capacity) for existing campus support and future campus growth.

2. Assess building deferred maintenance, exterior hardscape deferred maintenance, and utility infrastructure needs.

3. Assess information technology infrastructure needs in light of emerging technologies and education methods (E-Learning, etc.).

e. Sustainability considerations

1. Identify sustainability and stewardship opportunities.

2. Develop a campus sustainability plan outlining standards for materials, components, and equipment relating to building construction, operations, and landscape.

3. Plan and site design strategies to reduce energy demand and resource consumption.

f. Capital project prioritization and implementation strategies

1. Develop a phased plan for renovations and new construction, including cost estimates, based on analysis of existing space use and identified needs and future goals.

2. Develop project sequencing and prioritization plan including short-term and long-term implementation.

3. Financial and life cycle (initial investment, life expectancy, and operating costs) considerations.

4. Determine extent of capital needs in the form of a cost plan corresponding to projected campus development.

g. Stakeholder engagement and communication

1. Review existing plans, policies, and reports (e.g. strategic plans, enrollment forecasts, facility assessments).

2. Conduct stakeholder interviews and facilitate campus engagement sessions.

B. Project Management Plan The contractor will be expected to use appropriate project management to ensure the work is accomplished on time, within budget, and meets quantity and quality standards.

1. The contractor will be required to collaborate with the STATE to agree upon the contract schedule, including a work breakdown, schedule of tasks and activities, and progress milestones.

2. The contractor will be required to coordinate with the STATE to develop a communication plan. Any problems or unforeseen events must be communicated timely to the STATE and any changes must be agreed upon between the parties and set forth in a written amendment to the contract. If the STATE requires corrective action, the contractor will be notified in writing.

Contract Term, Schedule, and Deliverables

1. Contract Term This contract will be for a twenty-four (24) month period, with eight (8) renewal options of twelve (12) months each, and an option to extend the term of this contract for an additional period of time beyond the current termination date of the Contract by written amendment to the contract as agreed upon by both parties.

Experience and Qualifications A. Minimum Qualifications The Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive to the RFQ and will be rejected.

B. Experience The Offeror must meet the following experience requirements to be considered for contract award. A proposal from the Offeror that does not meet minimum experience requirements will be rejected. The Offeror must have a minimum of 10 years prior experience providing similar master planning for universities.

C. Background Check If STATE, including the state agency entering into this contract on behalf of the STATE, has the necessary authority under N.D.C.C. §12-60-24, STATE may require personnel that contractor assigns to perform work under this contract, including employees, contracted staff, subcontractors, or other individuals, to submit to a criminal history record check. STATE shall have the right to reject any individual contractor assigns to perform work under this contract if, in STATE’s sole discretion, it determines that the results of the criminal history record check make the individual unacceptable. Contractor agrees to be responsible for all costs associated with criminal history record checks carried out pursuant to this paragraph.

Forms and information regarding North Dakota Criminal History Record Checks are available on the following website: North Dakota Criminal History Record Checks website

Section Four – Proposal Instructions Proposal Preparation The STATE discourages overly lengthy and costly proposals. An Offeror must prepare their proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a Technical Proposal prepared in accordance with these instructions. Costs must not be revealed in the Technical Proposal. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

Proposal Submission Instructions Sealed proposals are required; therefore, proposals cannot be submitted by email to the Procurement Officer.

Submit in Person, by Mail, or Delivery Service Offerors must be registered in NDBuys in order for their in person, by mail or delivery service submitted response to be considered in evaluation.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides at See NDBuys Quick Reference Guides Website 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.

Offerors may submit proposals in person, by mail, or delivery service. Offerors may email proposals to a third party to place in a sealed envelope and deliver by the Solicitation Closing deadline.

Clearly address all envelopes or packages as follows:

RFQ #: MSU-27-003

RFQ Title: Master Planning Services – Campus Facilities Attn: Jessica Jastrzebski Minot State University 500 University Ave. West Minot, ND 58707

The STATE assumes no responsibility for delays caused by any delivery service. Postmarking by the Solicitation Closing deadline shall not substitute for actual proposal receipt by the STATE. The STATE’s time of receipt will be used to determine timely receipt.

Copies of Technical Proposal Offeror shall submit six (6) copies of their Technical Proposal.

Offeror shall also submit their proposal in an electronic version (Adobe .pdf format) on one (1) USB flash drive.

Upload Response Through the State Procurement Website (NDBuys):

Offerors must be registered in NDBuys in order to submit a response.

If you are not yet registered in NDBuys, complete the supplier registration. See NDBuys Quick Reference Guides at NDBuys Quick Reference Guides Website 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 may electronically submit proposals through the State’s procurement information system (NDBuys) by the Solicitation Closing deadline.

NDBuys Website DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response 24 hours prior to the Solicitation Closing deadline.

Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a proposal 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 Solicitation Closing 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 for the NDBuys Quick Reference Guides which describe how to submit an electronic response.

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.

Offeror will be able to confirm that a response has been submitted by reviewing the History tab of the solicitation and confirming that proposal status is submitted. If Offeror 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.

Proposal Format Prepare the Technical Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover Letter Section 2 – Scope of Work Strategy Section 3 – Experience and Qualifications Section 4 – Contract Provisions Section 5 – Open Records and Confidentiality

Technical Proposal Section 1 – Cover Letter Proposals shall include a cover letter that includes the following:

1. The name of the Offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address.

2. Offerors are instructed to review the “Conflict of Interest” provisions in RFQ Section 1 “Instructions.” If the firm, its employees, or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees, and subcontractors do not have a conflict of interest.

3. The cover letter must be signed by an individual with authority to bind the Offeror. By signing the cover letter, an Offeror certifies that it complies with:

a. All the requirements, terms, and conditions as set forth in this RFQ.

b. The requirement that the Offeror’s proposal accurately describes the services being offered to the STATE, and the proposal will be held firm for the period specified.

c. All local, state, and federal laws, rules, code laws, rules, code, regulation, and policies, including those relating to nondiscrimination, accessibility, civil rights, and equal employment.

d. The requirement that this proposal was prepared independently without collusion.

Section 2 – Scope of Work Strategy Offeror must review the requirements and deliverables provided in RFQ Section 3, Scope of Work.

1. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements, deliverables, project schedule, and contract terms and conditions. Responder must also identify any pertinent issues and potential problems related to the project.

2. Location of Work. The location is within the city of Minot, North Dakota at the campus of Minot State University.

3. Proposed Schedule and Deliverables. The proposal must provide a timeline for accomplishing the work, in consideration of the STATE’s Contract Schedule within the RFQ Scope of Work.

Section 3 – Experience And Qualifications Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Offeror Experience and Qualifications Requirement in RFQ Section 3, Scope of Work, Experience and Qualifications.

Experience and Qualifications of the Firm Responses to this Request for Qualifications must contain the following:

1. Provide a brief history and describe the organization of the firm.

2. Describe the number of years the Offeror has provided the type of work requested in this RFQ.

3. Describe past experiences with master planning services, facilities assessment, space utilization, infrastructure planning, and capital planning. Provide a description of the project, approximate time frame of the project.

4. Describe past experiences with incorporating sustainability, enrollment trends, and long-range strategic planning into campus master plans.

5. Describe past experiences with stakeholder engagement and facilitation.

6. Identify lead person(s) responsible for this project and their specific qualifications.

7. Provide the principal place of business and, if different, the place where the services will be provided.

8. Provide the education, qualifications, experience, and training of all persons who would be assigned to provide services along with their names and titles.

9. Provide the location of firm’s headquarters.

10. Responder must have a minimum of ten (10) years’ experience.

11. Responder must provide a completed SF 330 in their proposal.

Experience and Qualifications of the Project Team Provide a narrative or organizational chart that describes the organization of the proposed project team. Provide information for key project team members, including:

1. Description of anticipated work they will perform and approximate estimated hours;

2. Resume or description of the relevant education, training, experience, skills, and qualifications;

References Provide three (3) references for similar projects the Offeror has completed. Offerors must include the name of a contact person, address, email, and telephone number. Offerors are responsible for providing accurate reference contact information and are instructed to notify the reference that the STATE may be contacting them. Reference checks may begin within one (1) business day of the Solicitation Closing deadline. Evaluation may be impacted if the STATE is unable to contact the reference or the reference does not provide the requested information in a timely fashion.

Section 4 – Contract Provisions Offeror shall review the RFQ Section 6 and the STATE’s contract – Attachment 2.

The proposal must indicate whether the Offeror accepts the terms and conditions in the STATE’s contract.

An Offeror may state that they accept the STATE’s contract as written.

An Offeror may state any objections or propose changes or additions to the STATE’s contract. Describe the changes to the contract being proposed or provide a red-line of the STATE’s contract. Offeror is not to submit their own contract or standard terms and conditions with their proposals. Offeror should address the specific language in the attached contract and submit any proposed changes.

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.

Section 5 – Open Records and Confidentiality All proposals and other material submitted become the property of the STATE and may be returned only at the STATE’s option. All proposals and related information, including detailed cost information, are exempt records and will be held in confidence until an award is made, in accordance with N.D.C.C. §54-44.4-10(2).

Proposers may make a written request that trade secrets and other proprietary data contained in proposals be held confidential. Material considered confidential by the proposer must be clearly identified, and the proposer must include a brief statement that sets out the reasons for confidentiality. See the North Dakota Office of the Attorney General website for additional information. https://attorneygeneral.nd.gov/open-records-meetings After award, proposals will be subject to the North Dakota open records law. Records are closed or confidential only if specifically stated in law. If a request for public information is received, the procurement officer, in consultation with the North Dakota University System General Counsel, will determine whether the information is an exception to the North Dakota open records law, and the information will be processed appropriately.

Section Five – Award and Proposal Evaluation Award The STATE intends to award a contract to the responsible Offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be the most advantageous in consideration of the RFQ evaluation criteria.

Evaluation Criteria Proposals will be evaluated using a 100 point scale. The selection committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment 1. After the initial evaluation, the selection committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. Offerors whose proposals are not selected for further evaluation may request a debrief from the Procurement Officer after an award notice is issued. The final evaluation score will consider information received by the STATE, including but not limited to, discussions with Offerors, demonstrations, presentations, site visits, reference checks, and best and final offers. The evaluation criteria and relative weight is as follows:

Technical Proposal Evaluation: 100 Points

· Ability of Professional Personnel – 40 Points

· Past Performance – 20 Points

· Related Experience on Similar Projects – 20 Points

· Willingness to Meet Time and Budget Requirements – 5 Points

· Location (higher priority to firms headquartered in North Dakota) – 5 Points

· Recent, Current, and Projected Workloads of Persons or Firms – 5 Points

· Recent and Current Work for Minot State University – 5 Points

The University will select the response, which, in the sole discretion of the University, is most advantageous to the University. In reviewing the responses the University will consider:

· Relevance and extent of qualifications, experience, reputation and training of personnel to be assigned;

· Knowledge of Minot State University and the North Dakota University System;

· Relevance and extent of similar engagement performed;

· The offeror has provided examples of their ability to meet time and budget requirements;

· Whether the response contains all required information; and

· Any other qualifications or information, which in the determination of the University, is in the best interest of the University.

· The evaluation process will include informal interviews of at least 3-firms, if at least 3-firms submit proposals.

Clarifications of Proposals – Discussions To determine if a proposal is reasonably susceptible for award, communications by the Procurement Officer or selection committee are permitted with an Offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFQ requirements. Discussions will be limited to the specific section of the RFQ or proposal indicated by the STATE. Discussions are generally conducted by telephone or internet-based conference.

In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing Offerors. Clarifications may not result in material or substantive change to the proposals. Evaluation scores may be adjusted based in consideration of information obtained through discussions.

Right of Rejection The STATE reserves the right to reject any proposals, in whole or in part. Proposals received from suspended or debarred vendors will be rejected. Proposals determined to be nonresponsive to the requirements of the RFQ will be rejected. The STATE reserves the right to reject the proposal of an Offeror determined to be not responsible. The STATE reserves the right to refrain from making an award if determined to be in its best interest.

Interviews Following the receipt of information from all interested individuals and firms, the selection committee shall hold interviews with at least three firms deemed most qualified based on the information submitted.

The selection committee will reach out to the top-ranked firms for additional interview information by email.

Approximate Interview Schedule: November 30 – December 1, 2026 Location: Minot State University Student Center Westlie Room (located on the third floor) 500 University Ave. West Minot, ND 58707

In accordance with N.D.C.C. §54-44.7-03, the selection committee shall evaluate interviewed person and firms based on the criteria below. Consider the following information while preparing for the interview:

· Past performance

· The ability of professional personnel

· Willingness to meet time and budget requirements

· Location, with higher priority given to firms headquartered in North Dakota

· Recent, current, and projected workloads of the person or firms

· Related experience on similar projects

· Recent and current work for the University Negotiations Minot State University reserves the right to negotiate for final agreement with the Contractor(s) offering the best qualifying proposal and upon mutual agreement of Minot State University and Contractor(s).

Notice of Intent to Award After proposals have been evaluated and the successful Offeror selected, a notice of intent to award will be promptly issued to all Offerors that submitted proposals. Upon issuance of this notice, the procurement file becomes an open record. The successful Offeror named in the notice of intent to Award is advised not to begin work, purchase materials, or enter into subcontracts until the successful Offeror and the STATE sign the contract.

Contract Approval This RFQ does not, by itself, obligate the STATE. The STATE's obligation shall commence when the STATE signs the contract. Upon written notice to the contractor, the STATE may set a different starting date for the contract. The STATE shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the STATE.

Section Six – Contract Information Contract Provisions A. Contract Type The contract type will be as follows:

Firm Fixed Price. The contractor will be required to hold the price firm for the contract period, except as otherwise provided in the contract.

B. Payment Procedures Compensation and payment terms will be set forth in the contract based upon the successful Offeror’s proposal. The STATE will not make any advanced payments before performance by the contractor under this contract.

C. The STATE will make payments based on a negotiated payment schedule. Each billing must consist of an invoice and progress report. No payment will be made until the progress report and Minot State University’s Vice President for Administration and Finance has approved the invoice.

D. Inspection & Modification The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the STATE. The STATE may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

Should the STATE determine that corrections or modifications are necessary to accomplish its intent, the STATE may direct the contractor to make changes. The contractor will not unreasonably withhold changes.

Substantial failure of the contractor to perform the contract may cause the STATE to terminate the contract. In this event, the STATE may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

E. Contract Changes – Unanticipated Amendments During the course of the contract entered as a result of this solicitation, the contractor may be required to perform additional work due to a legitimate unforeseen circumstance. That work will be within the general scope of the initial contract. When additional work is required, the STATE shall provide the contractor with a written description of the additional work and request that the contractor submit proposal for accomplishing the scope of work. Contractor will not commence additional work until all parties agree in writing.

F. Purchasing Card The STATE may make payments under this contract using a state purchasing card. See the contract related to payments using the STATE purchasing card.

Contractual Terms and Conditions – No Material Changes

1. Indemnification and Insurance N.D.C.C. § 32-12.2-17 requires that the OMB establish guidelines for indemnification and insurance provisions in state contracts. The indemnification and insurance requirements contained in the attached contract are pursuant to those guidelines. The STATE shall not be deemed to have accepted any alteration of these provisions without prior written approval to Offeror from the STATE acting in consultation with the North Dakota Risk Management Division.

Indemnification Indemnification is a contractual clause by which one party to a contract asks the other party to defend it against any claims of third parties who might be injured as a result of something that occurs while the parties are performing their duties and obligations under the contract. Without specific authority to do so, the STATE agencies cannot enter into agreements indemnifying contractors, or any other entity, against third party claims.

Any clause that has the intent of seeking indemnification from the STATE, whether the clause contains the words “indemnity” or “indemnify,” are not clauses to which the STATE may agree.

The STATE will also not agree to clauses to indemnify a contractor “to the extent permitted by law”. This is because the STATE knows that the extent to which the law permits it to indemnify contractors is no extent whatsoever, and as a result would be disingenuous for the STATE to imply in a contract that there might be some set of circumstances under which the STATE would defend the contractor against a third party claim(s). Simply put, the STATE is not going to agree to something it knows it cannot do. In this circumstance an “extent” clause is merely an invitation to litigate the matter in the event a third party claim(s) arises, and the STATE does not enter into agreements that invite litigation. Do not ask the STATE to indemnify you against third party claims because it is a contractual obligation to which the STATE cannot agree.

While the STATE may limit the liability of a contractor in claims between the STATE and the contractor, the STATE does not have authority to limit a contractor’s liability for claims brought by a third party. In the event a contract contains a limitation of liability clause, the contract’s Indemnification clause and obligation of the contractor cannot be subject to that limitation of liability clause. See 6.4(D) for Limitation of Liability.

Insurance Upon receipt of the notice of intent to award, the successful Offeror must obtain the required insurance coverage and provide the Procurement Officer with proof of coverage prior to contract approval. The coverage must be satisfactory to the STATE, in consultation with the North Dakota Risk Management Division. The successful Offeror’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

Limitation of Liability The STATE may negotiate Limitation of Liability pursuant to N.D.C.C. § 32-12.2-15 “Contracts limiting liability to the STATE.”

Notwithstanding any provision in N.D.C.C. ch. 32-12.2 to the contrary, an agency may agree to limit the liability of a contractor to the STATE if:

1. the agency determines such services or products cannot be effectively obtained without such limitation; and

2. the limitation does not pose any significant risk of loss to the STATE; and

3. the limitation is in the best interests of the STATE.

The agency, in consultation with OMB and the Attorney General's Office, shall prepare written documentation before agreeing to any liability limitation.

An agency's authority to agree to a limitation of liability is limited to contracts for the purchase or lease of, or services related to, software, communication, electronic equipment, and economic forecasting.

1. An agency may limit its ability to recover indirect consequential damages.

2. If the extent of potential direct loss is unknown, an agency may agree to limit direct damages to a reasonably estimated amount commensurate with the foreseeable risk of loss to the STATE. The amount must be equal to twice the total value of the contract unless all parties to the contract agree to an alternative amount. Any agreed upon amount that is less than twice the value of the contract must be approved by the director of OMB. The liquidated damages and retainage provisions for delay, missed deadlines, and other breaches are not subject to a general limitation on direct or indirect damages authorized under N.D.C.C. § 32-12.2-15.

3. A contract under N.D.C.C. § 32-12.2-15 may not limit any loss to the STATE resulting from fraud or other intentional or willful misconduct, breach of confidentiality obligations, or loss resulting from tangible property damage or personal injury.

Waivers of Jurisdiction and Venue; Alternate Dispute Resolution The North Dakota Attorney General is the STATE’s attorney for all purposes, including management of litigation and claims against the STATE. The STATE may not usurp the Attorney General’s authority by agreeing in advance to control the way litigation may be managed in the event of a dispute. The STATE cannot, without specific authority, agree to the jurisdiction or the laws of another state or federal courts, nor can it contractually agree to participate in any form of alternative dispute resolution.

Although the STATE cannot contractually agree to such terms, this does not mean that in the event of a dispute, the STATE would not agree to participate in alternative dispute resolution. It simply means that this is a decision that must be made by the Attorney General and is a decision that is made at the time a dispute arises.

Confidentiality All state agencies of North Dakota are subject to North Dakota public records laws. The STATE cannot agree to contractual terms that attempt to prevent it from having to disclose records that are declared public records under applicable statutes. Although some confidentiality and exemptions are allowed under the public records laws, the STATE may not agree to more restrictive obligations concerning its records. Under North Dakota public records laws, contracts are records that are open to the public and may be reviewed at the request of the public.

Unliquidated Expenses (i.e., attorney’s fees, add-ons, cost increases) Because the STATE may only obligate those funds that have been appropriated to it by the Legislative Assembly and may only obligate those funds for the purposes for which the funds were appropriated, the STATE may not agree to clauses which may obligate it to pay for claims that might exceed its current funding appropriation. Certainly, this is one of numerous reasons why the STATE cannot indemnify a contractor against third party claims, but it may also be said for clauses that purport to obligate the STATE to pay a contractor’s attorneys’ fees, unknown cost increases during the life of the contract, add-ons that were not contemplated or priced in the contract.

Scope of Work The Scope of Work agreed upon by the parties…