NDSU+Invitation+to+Bid+Hettinger+Fence+2025.docx

INVITATION FOR BID

Bid Number: NDSUSW061725

Bid Title: Hettinger Fence

Date Issued: 06/17/2025

Procurement Officer: Stacey Winter

Deadline for Questions: 06/26/2025 by 2pm CST **Submit all questions via email**

Telephone: 701.231.8954

Bid Due Date and Time: 07/02/2025 by 2pm CST.

E-mail: Stacey.winter@ndsu.edu

Start Date: As soon as the weather permits!

Pre-bid Inspection by vendor is required. Contact Troy Ness at troy.ness@ndsu.edu or 701-440-0434 for details.

Work Location:

102 Highway 12 West PO Box 1377 Hettinger, ND 58639

You are invited to participate in this Invitation for Bid.

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

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

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

Bidder Company Name:

Street Address:

Type or Print Name of Person Signing:

Title:

Authorized Signature:

Bid Submittal Instructions:

Bid responses can be Emailed or Delivered by mail to: Stacey Winter

Email a completed and signed Invitation for Bid response to: Stacey.winter@ndsu.edu

Mail a completed signed invitation for Bid response to:

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

Bidder Checklist. Have you remembered to:

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

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

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

· Sign your bid response on the cover sheet?

· Initial all changes and corrections?

· Submit any required samples or enclosures, if applicable?

Bidder’s Instructions

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

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

3. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 90 days, unless otherwise specified by the Procurement Officer in writing.

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

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

6. Facsimile Bids. Bid responses faxed to NDSU will be rejected. Bids may be faxed to a third party who will put it in a properly-addressed envelope and deliver it to NDSU before the date and time specified in the solicitation.

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

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

9. Minor Informalities. NDSU reserves the right to waive minor informalities in bid responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the bid document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other bidders.

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

11. 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

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

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

14. Pricing (Unit and Total Prices). The unit price is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail.

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

18. Review of the Bids. After the bid opening, bids become subject to North Dakota open records laws.

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

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

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

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

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

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

GENERAL CONTRACT TERMS AND CONDITIONS

1. Payment Terms. Payment will normally be made within thirty days after delivery and acceptance of commodities or services under this Contract and receipt of a correct invoice.

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

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

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

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

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

5. Purchasing Card NDSU may make a payment using a University purchasing card.

6. Time is of the Essence. Contractor hereby acknowledges that time is of the essence for performance under this Contract unless otherwise agreed to in writing by the parties.

7. Termination of Contract.

1. Termination without cause.

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

Early Termination in the Public Interest.

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

Termination for Lack of funding or Authority.

NDSU by written notice to Contractor, may terminate the whole or any part of this Contract under any of the following conditions:

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

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

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

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

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

Termination for Cause.

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

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

Termination, Deliveries.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SPECIAL TERMS AND CONDITIONS

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

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

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

3. Indemnification and Insurance Requirements.

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

Insurance A. Contractor shall secure and keep in force during the term of this agreement and Contractor shall require all subcontractors, prior to commencement of an agreement between Contractor and the subcontractor, to secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

1. Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $1,000,000 per occurrence.

2. Workers compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this contract.

3. Employer’s liability or “stop gap” insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

B. The insurance coverages listed above must meet the following additional requirements:

1. Any deductible or self-insured retention amount or other similar obligation NDSU under the policies shall be the sole responsibility of the Contractor.

2. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the NDSU. The policies shall be in form and terms approved by the NDSU.

3. The duty to defend, indemnify, and hold harmless the NDSU under this agreement shall not be limited by the insurance required in this agreement.

4. North Dakota State University and its agencies, officers, and employees (NDSU) shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insured. NDSU shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor.

5. The insurance required in this agreement, through a policy or endorsement, shall include a “Waiver of Subrogation” waiving any right to recovery the insurance company may have against the NDSU;

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.

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

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

· Unless otherwise indicated, orders are to ship complete.

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

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

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

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

Specifications:

Hettinger Research Extension Center Fencing Bid The NDSU Hettinger REC is requesting fencing bids for a total of approximately 21,542 ft. Fencing is a combination of existing fence removal, woven and barbed wire installation, corners and braces, and gates. Construction to begin after July 1, 2025 and completed ASAP (provide estimated completion date). Fencing details and map are available upon request, and a site visit is required. Contact Troy Ness at troy.ness@ndsu.edu or 701-440-0434 for details.

Bid 1:

· Removal of 5,480 ft. of wire fence

· Install approximately 7,623 ft. of 35” woven wire fence and 2 strands of barbed wire (woven wire to ground, 2 strands of barbed wire on the top)

· Install approximately 3,359 ft. of 6 strand fence of barbed wire

· 4 wire gates

· Minimum of 13 corners (prefer pipe for corners)

· Re-stretch and attach all current fence

· The Hettinger REC retains possession of the removed t-posts, all other removal to be disposed of by contractor

· Contractor is responsible for their own measurements Bid 2:

· Add 2 strands of barbed wire to approximately 7,920 ft. of existing fence, including new corners and braces

· Add 3 strands of barbed wire to approximately 2,640 ft. of existing fence, including new corners and braces

· 3 wire gates

· Re-stretch and attach all current fence

· The Hettinger REC retains possession of the removed t-posts, all other removal to be disposed of by contractor

· Contractor is responsible for their own measurements

BID RESPONSE:

BIDDER NAME: __________________________________________________________

Hettinger Research Extension Center Fence Project:

Bidder’s proposed completion date: ___________________________________ image1.jpeg