NDSU+-+Invitation+for+Bid+-+dRONE.docx

INVITATION FOR BID (IFB)

Bid Number: NDSUSW05022025

Bid Title: Ag Spray Drone

Date Issued: 05/02/2025

Start Date: 05/16/2025

Deadline for Questions: 05/9/2025

MANDATORY SITE VISIT: there is not a mandatory site visit

Bid Due Date and Time: 05/16/2025 by 2pm CST

Project Location: Delivery will be to Carrington Research Extension Center 663 Highway 281 North Carrington, ND 58421

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this INFORMATION FOR BID. Bidders shall direct all communications regarding this INFORMATION FOR BID to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Stacey Winter EMAIL: stacey.winter@ndsu.edu

PHONE: 701-231-8954

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 INFORMATION FOR BID including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the INFORMATION FOR BID. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the INFORMATION FOR BID. 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 INFORMATION FOR BID 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 INFORMATION FOR BID.

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This Information to Bid 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 INFORMATION FOR BID: 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 INFORMATION FOR BID by contacting the Procurement Officer in writing with the following information: INFORMATION FOR BID title, business name, contact person, mailing address, telephone number, and email address.

BIDDER INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

· Ensure your Bid Response complies with all instructions, terms and conditions, delivery requirements, specifications, and is received due date and time.

· 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.

· 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.

· Email the bid to stacey.winter2ndsu.edu or submit on SPO Online

2. 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.

3. 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.

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.

4. 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).

5. 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.

6. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid Responses firm for 90 days, unless otherwise specified by the Procurement Officer in writing.

7. Bid Opening. A public bid opening will not be held.

8. 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

9. 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.

10. 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.

Email. Sealed bids are required; therefore, bids cannot be submitted by email to the Procurement Officer.

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 NDSU 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. NDSU 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 INFORMATION FOR BID.

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.

11. 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)

12. 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.

13. 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.

14. 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 emailing the request to the Procurement Officer.

15. 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 through email to withdraw the Bid Response.

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.

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

3. Late Bid Responses. Bid 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)

4. 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)

5. Minor Informalities. NDSU reserves the right to waive minor informalities in Bid Responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the Bid 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)

6. 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.

7. 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)

8. Rejection. NDSU 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)

TERMS AND CONDITIONS

1. Term of the Contract. A purchase order will be submitted to the awarded company

2. 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 NDSU through execution of a contract amendment. The Bidder may request changes, such as substitutions of a product, by submitting a email 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)

3. New Equipment, Used Equipment, Refurbished Equipment and Materials Certification. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials will be new and under current production for use in the United States. All equipment and assemblies of equipment will be in full compliance with all current applicable standards established by federal, state, and local governments. The equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL) or certified by field evaluation and labeled by a NRTL. All costs associated with required listings will be included in the bid price. Each piece of equipment or assembly of equipment offered in the response to this bid will be either listed and labeled or certified and labeled prior to shipment by the successful bidder.

13. Inspection and Acceptance or Rejection. NDSU 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 NDSU at the point of manufacturer, place of storage, or upon receipt. NDSU reserves the right to reject any commodities or services and terminate the contract if the BIDDER fails to comply with the specifications, terms and conditions, or the seller’s express or implied warranties. Rejected commodities will be removed at the BIDDER’s expense. Failure to satisfactorily perform may result in suspension or debarment from the Bidders List.

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

14. Pricing. 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 Pricing under this Information for Bid will be as follows:

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

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

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

17. Prepayment. NDSU will not make any advance payments before performance by bidder.

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

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

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

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

A Bidder 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 Bidder. In the case of employees performing the services in the state, the Bidder is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit its web site for more information.

21. Pricing, Unit of Measure. The unit prices are 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)

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

23. Travel. BIDDER acknowledges travel costs are covered by the Contractual Amount and shall not invoice NDSU for travel costs.

24. Time is of the Essence. BIDDER hereby acknowledges that time is of the essence for performance under this Information for Bid unless otherwise agreed to in writing by the parties.

25. Delivery. The Bidder will deliver commodities and services ordered by the required time. Delivery is required by the date indicated on the cover sheet of this solicitation. Unless otherwise indicated, orders are to ship complete. If delivery requirements cannot be met within the specified time, the Bidder must notify NDSU in writing of the delay and the approximate date delivery may be expected.

26. F.O.B. Point and Freight. Delivery and passage of title under this Information for Bid will be as follows.

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

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

28. Termination of Contract.

1. Termination without cause.

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

Early Termination in the Public Interest.

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

Termination for Lack of funding or Authority.

NDSU by written notice to Bidder, may terminate the whole or any part of the contract under any of the following conditions:

i. If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.

ii. If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under the contract or are no longer eligible for the funding proposed for payments authorized by the contract.

iii. If any license, permit, or certificate required by law or rule, or by the terms of the contract, is for any reason denied, revoked, suspended, or not renewed.

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

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

Termination for Cause.

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

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

Termination, Deliveries.

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

29. Force Majeure. Neither party will be held responsible for delay or default caused by fire, riot, terrorism, acts of God or war if the event is beyond the party’s reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

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

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

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

33. Disclosure of Proposal Contents and Compliance with Open Records Laws. All proposals and other material submitted become the property of NDSU and may be returned only at NDSU’s option. All proposals and related information, including detailed cost information, are exempt records and will be held in confidence until all of the proposals have been received and opened by the public entity or until all oral presentations regarding the proposals, if any, have been heard by the public entity, in accordance with N.D.C.C. § 44-04-18.4(6).

Bidders may make a written request that trade secrets and other proprietary data contained in proposals be held confidential. Material considered confidential by the bidder must be clearly identified, and the bidder 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/requesting-public-records/

After the 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 NDSU’s legal counsel, will determine whether the information is an exception to the North Dakota open records law, and the information will be processed appropriately.

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

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

36. Disclosure. “NDSU has an obligation to make information available to the campus on where to get information about Registered Sex Offenders who are working on NDSU property. You are obligated to inform NDSU Campus Police, in advance of any of your employees being on NDSU property, of any such employee who is a Registered Sex Offender. This obligation includes property owned or controlled by NDSU that is at locations other than the main campus (for example, the Equine Center, Downtown Campus, Research Extension Centers, etc.).”

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

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

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

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

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

42. Nondiscrimination and Compliance with Laws. The bidder agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. Ch. 34-06.1 Equal Pay for Men and Women.)

The bidder agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums.

The bidder shall have and keep current all licenses and permits required by law during the Contract Term.

The bidder is prohibited from boycotting Israel for the duration of the contract. (See N.D.C.C. § 54-44.4-15.) The bidder represents that it does not and will not engage in a boycotting Israel during the term of the contract. If NDSU receives evidence that the bidder boycotts Israel, NDSU shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if the bidder has fewer than ten (10) full-time employees.

The bidder’s failure to comply with this section may be deemed a material breach by the bidder entitling NDSU to terminate in accordance with the Termination for Cause section of this INFORMATION FOR BID.

43. State Audit. All records, regardless of physical form, and the accounting practices and procedures of BIDDER relevant to this INFORMATION FOR BID are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. BIDDER shall maintain all of these records for at least three (3) years following completion of this INFORMATION FOR BID and be able to provide them upon reasonable notice. NDSU, State Auditor, or Auditor’s designee shall provide reasonable notice to BIDDER prior to conducting examination.

44. Effectiveness of Contract. The Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be deemed the Effective Date.

RISK MANAGEMENT REQUIREMENTS

1. Indemnification and Insurance Requirements.

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

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

1) commercial general liability;

2) automobile liability;

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

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

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

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

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

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

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

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

BID RESPONSE FORM

SPECIFICATIONS

Operating dimensions: 81”x 81” approximately Storage dimensions: <46”x46”x36” Swath width: approx. 35’ Spray tank capacity of 8 gallons Application rate of approx. 2.6 gal/min and 1 GPA Battery powered with: Full set of batteries, along with full set of backup batteries, with chargers Li-Po high-capacity batteries Backup support for battery replacement and charging RTK guidance system, including base station and receiver First-person-view camera on-board Obstacle avoidance Lifetime access to ground control software Manual control option FAA regulatory consulting, training, and documentation Minimum of 1 year warranty Compliant with the National Defense Authorization Act for Fiscal Year 2024 (American Drone Security Act of 2023).

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

Billing Address:

Carrington Research Extension Center 663 Highway 281 North PO Box 219 Carrington, ND 58421-0219

ITEM NO.

TOTAL COST

TOTAL cost of Drone

Bidder Prompt Payment Discount, if applicable:

(Discounts not considered in evaluating prices.)

Amendments Received: __________, __________, __________, __________, __________.

BIDDER INFORMATION AND SIGNATURE

By submitting a Bid Response, the Bidder agrees to sell, furnish, and deliver to NDSU all commodities and services contained in this Invitation for Bid for which a contract is awarded by NDSU. 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, purchase order, or order using an NDSU purchasing card by reference.

Company 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:

Email:

Date:

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