Remediation+of+MH+Gas+Station+RFP.docx

STATE OF NORTH DAKOTA

DEPARTMENT OF ENVIRONMENTAL QUALITY

4201 NORMANDY STREET

BISMARCK, ND 58503-1324

REQUEST FOR PROPOSAL (RFP)

RFP Title: Remediation of Former M&H Gas Station in Wahpeton, ND RFP Number: 303-23-013 Issued: February 4, 2025

TABLE OF CONTENTS

ATTACHMENTS

1 – Tier 1 Risk Based Screening Levels 2 – 2023 Risk Assessment 3 – Site and Neighboring Properties Photographs 4 – Technical Proposal Evaluation Worksheet 5 – Contract 6 – Site Map and Geologic Cross Section 7 – Brownfields Quality Assurance Project Plan (QAPP) 8 – Document Submittal Requirements

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

The State of North Dakota, acting through its Department of Environmental Quality, Division of Waste Management (the STATE) is soliciting proposals for the completion of remediation actions.

Remediation actions will consist of excavation of soil in the impacted area, documentation of final site conditions through analytical sampling, grading the excavated area with clean fill, and seeding of the former M & H Gas Station located at 701 Dakota Avenue in Wahpeton, ND (the site). The goal of the project is to reduce contamination levels for the purposes of future land development to levels specified in the Scope of Work. The project will convert the contaminated site into productive real estate.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

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

PROCUREMENT OFFICER: Amy Cannon EMAIL: amy.cannon@nd.gov

PHONE: (701) 328-7258

TTY Users call: 7-1-1

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

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))

1.3 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

1.4 RFP SCHEDULE

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

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

1.6 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.

1.7 BIDDERS LIST REGISTRATION

Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List. (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity codes used for this solicitation are:

· 925-35,

· 926-30, -40, -41, -42, -45, -52, -54, -65, -66, -72, -78, -82, -83, -84, -85, -91 Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

1.9 AMENDMENTS TO THE RFP

If an amendment to this RFP 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 RFP. An Offeror shall include in their proposal any required acknowledgements of amendments to the RFP.

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule. If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP 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 Offeror to a specific section of the RFP.

1.11 PREPROPOSAL CONFERENCE OR SITE INSPECTION

The STATE will not hold a preproposal conference or site inspection for this RFP.

1.12 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.

1.13 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.

1.14 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 https://www.nd.gov/tax/tax-resources/ 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.

1.15 F.O.B. POINT AND FREIGHT

All commodities purchased through this contract will be Free on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery cost.

1.16 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 RFP 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 N.D.A.C. § 4-12-08-13.

1.17 PROPOSAL OPENING

A public opening will not be held.

This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. Per N.D.A.C § 4-12-08-04, the openings may be made public at the discretion of the purchasing agency. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors.

1.18 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.

1.19 NEWS RELEASES

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

1.20 CONFLICT OF INTEREST

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or official knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. (N.D.C.C. § 12.1-13-03)

Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest.

1.21 ATTEMPT TO INFLUENCE PROHIBITED

Offerors must not give or offer to give anything to a state employee or official that might influence or appear to influence procurement decisions. Suspected attempts to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.22 COLLUSION PROHIBITED

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

1.23 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An Offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted in writing to the Procurement Officer during the protest period, which is seven calendar days beginning the day after the notice of intent to award is issued.

The protestor may appeal the decision of the Procurement Officer to the Director of OMB or designee in writing within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-03.

1.24 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.

1.25 SUPPLIER REGISTRATION (PAYEE)

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

SECTION TWO – BACKGROUND

2.1 BACKGROUND INFORMATION

The mission of the North Dakota Brownfields State Response Program (Program) is to restore contaminated Brownfields sites to a safe and productive state. As part of this mission, the STATE will award a contract for remediation actions at the former M&H Gas Station in Wahpeton, ND.

The Former M & H Gas Station site in Wahpeton, ND was operated from 1951 to 1994. It ceased operations as a gas station in 1994 when the operator relocated to another site. The main building and an underground storage tank were removed from the property the same year, along with five (5) cubic yards of petroleum contaminated soil. In 2006, two (2) additional underground storage tanks were removed. During the tank removal, samples of pea gravel were tested and exhibited signs of petroleum contamination. The petroleum contaminated pea gravel of the tank basin was left in place and backfilled. An additional investigation was conducted along Dakota Avenue in 2009, and one (1) soil boring adjacent to the former M & H Gas Station site revealed soil contamination.

When gas station activities ceased in 1994, the site sat idle until the City of Wahpeton purchased it in 2021 with the intention of turning it into a green space. In 2023, a Phase II Environmental Assessment of the site was conducted. Results of the assessment determined that the soil and groundwater at the site have been impacted from historical activities: however, impacts on site do not pose a risk to any sensitive receptors. In 2024, the concrete pavement at the site was removed which made contaminated soil accessible. This project will address nuisance petroleum contamination, while also serving to further document site conditions and improve prospects for future development.

2.2 BUDGET

The funds for payment of this contract are contingent upon approval of federal funding.

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

The Department of Environmental Quality, Division of Waste Management (STATE) is soliciting proposals for the completion of remediation actions. Remediation actions will consist of 1) excavation and disposal of impacted soils; 2) sampling of excavated areas to document site conditions following excavation; 3) backfilling and grading excavated area with clean fill, and 4) seeding with appropriate cool-season grass of the excavated area to prepare as a green space. These actions will be completed at the former M & H Gas Station located at 701 Dakota Avenue in Wahpeton, ND (the site). The goal of the project is to reduce contamination levels for the purposes of future land development to levels specified in this proposal. The project will convert this contaminated site into productive real estate.

3.2 APPLICABLE DIRECTIVES

This project is subject to the STATE approved Quality Assurance Project Plan (QAPP)-Attachment 7. The Offeror is responsible for identifying and complying with all state and federal requirements that apply to the contract.

3.3 REQUIREMENTS

MANDATORY

The Offeror must meet the following requirements to be eligible to submit a proposal.

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

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

DELIVERABLES

The Offeror will be required to provide the following to achieve the objective of this project:

1. Targeted Excavation of Contaminated Soils. The Offeror will prepare and submit a proposed Remedial Action Workplan (see Attachment 8) for excavation of contaminated soils to a nuisance level of 100 parts per million of total petroleum hydrocarbons as gasoline and diesel range organics (TPH-GRO/TPH-DRO), and below all established SSTLs provided in Attachment 1-Tier 1 Risk Based Screening Levels. The areas of impact are identified in Attachment 6-Site Map and Geologic Cross Section. These areas will be excavated to depths as indicated. If geologic or structural circumstances prevent excavation of the contaminated materials, then alternative management strategies may be proposed during planning.

All excavated soils must be characterized and managed appropriately. Three sites have been identified as possible disposal locations depending on availability and waste characterization. Possible disposal locations are 1) Prairie View Landfill in Wahpeton, 2) Fargo municipal landfill, and 3) Big Dipper landfill in Gwinner. The volume of contaminated soil is not expected to exceed 50 cubic yards. The Offeror must compose and submit the Remedial Action Workplan to the NDDEQ for approval prior to beginning excavation activities.

At least one laboratory sample will be required to characterize the excavated soils for disposal.

2. Soil Sampling. The Offeror will collect soil samples for laboratory analysis. Soil will be sampled for total petroleum hydrocarbons as gasoline and diesel range organics (TPH-GRO and TPH-DRO); as well as benzene, toluene, ethylbenzene, and xylenes (BTEX). The samples must be submitted to a lab certified by the North Dakota Department of Environmental Quality Chemistry Laboratory. These samples will be collected from the base of the excavated areas to document soil conditions after the completion of excavation activities. One sample will be taken from the base of each excavation location.

3. Backfill and Regrading. The Offeror will backfill and regrade the excavated areas with uncontaminated, geologically similar materials.

4. Seeding. The Offeror will seed the site with a climate appropriate cool-season grass.

5. Progress Report and Final Completion Report. The Offeror will complete a progress report following the completion of sampling activities. The progress report should be received by the NDDEQ prior to beginning backfill activities and must include all relevant sampling results. A Final Completion Report must be completed once all remedial actions have been completed.

LOCATION OF WORK/TRAVEL

The work is to be performed, completed, and managed at the following locations: Wahpeton, North Dakota. The STATE shall not provide workspace for the Offeror. The Offeror should include in its Cost Proposal the total cost for travel (transportation, lodging, and per diem) including travel for disposal of contaminated soils sufficient to complete the required deliverables in this RFP.

STATE-FURNISHED PROPERTY/SERVICES

The STATE will provide values of action levels based on the assumed completed pathway following final construction and expected use as a commercial/industrial property. The STATE will not provide any other equipment.

The STATE will provide the following personnel to support the project: a Brownfields State Response Program (BSRP) Project Manager and technical staff who will assist with the technical aspects of the project. The STATE and Offeror team members will be responsible for incorporating Quality Assurance (QA) steps within the project and project schedule.

Although the STATE will supply a Project Manager, the Offeror will be responsible for contributing information towards building the Project Plan, Project Schedule, Program Implementation, Program and QA testing along with providing status updates.

RISK MANAGEMENT

The Offeror will take appropriate measures to ensure the safety of their employees, state employees, the public, and property. The contractor must identify any potential risks, issues, and problems associated with the project and identify ways to mitigate those potential risks by developing a Project Health and Safety Plan as well as conducting a Job Safety Analysis.

TECHNICAL EXHIBITS

· Attachment 1– Tier 1 Risk Based Screen Levels

· Attachment 2 – 2023 Risk Assessment

· Attachment 3 – Site and Neighboring Properties Photographs

· Attachment 6 – Site Map and Geologic Cross Section

· Attachment 7 – Brownfields QAPP

PROJECT MANAGEMENT PLAN

The Offeror 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 Offeror 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 Offeror 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 project manager 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.

3. Contract Closeout Plan When the contract is completed, the STATE and Offeror will communicate regarding the contract closeout, including transition of any records. A contract closeout debrief may be performed at the discretion of the BSRP Project Manager. The debriefing time and location will be negotiated between the STATE and Offeror. The Offeror must collaborate in the development of a Project Closeout Report to include feedback regarding the project implementation and any lessons learned.

CONTRACT TERM, SCHEDULE, AND DELIVERABLES

1. Contract Term This Contract term (TERM) begins on April 1, 2025 or its Effective Date and ends on September 30, 2025. See Attachment 5-Contract for extension option.

2. Schedule and Deliverable The STATE has identified the following deliverables which are significant work products or milestones in the project. The STATE requires these deliverables to be addressed in the Contract Schedule, at a minimum. The contractor shall develop a schedule for accomplishing the Scope of Work, including these specific deliverables. The final schedule shall be agreed upon between the STATE and the successful Offeror and incorporated into the contract. The approximate schedule for this contract is as follows:

a. Contract start: Estimated April 1, 2025

b. “Kick off” meeting/conference call: Estimated end of April 2025

c. Submit Remedial Action Workplan by end of May 2025

d. First contractor work period: June 2025

e. Contractor submits FIRST DRAFT/PROJECT PROGRESS Report: In accordance with approved Remedial Action Workplan timeline.

f. Review of report by STATE: August 31, 2025

g. STATE provides contractor with comments for revision as needed: Two weeks

h. Contractor submits Final Report to the STATE: September 30, 2025

i. Contract Closeout Plan: September 30, 2025

3.4 EXPERIENCE AND QUALIFICATIONS

1. Minimum Qualifications Offerors must have the following minimum qualifications in order to be considered for contract award:

1. Experience with soil investigation by using soil boring technique. Describe experience and give examples.

2. Experience with risk assessment evaluation and experience interpreting results of risk assessment. Describe experience and give an example.

3. Experience in soil and groundwater sampling and analysis of analytes. Describe experience and give examples.

4. Experience with soil excavation, backfilling and seeding. Describe experience and give examples.

5. Experience preparing and documenting findings of investigations. Describe experience and provide examples.

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 RFP and will be rejected.

Experience The Offeror must have a minimum of five (5) years in the field of environmental science for the purpose of assessment and/or remediation to be considered for a contract award. A proposal from an Offeror that does not meet this minimum experience requirement will be rejected.

SECTION FOUR – PROPOSAL INSTRUCTIONS

4.1 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 and a Cost Proposal prepared in accordance with these instructions. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal. Options may be discussed in the technical proposal, but all cost information must be in the Cost Proposal only. DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

EMAIL

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

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror MUST electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

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 infospo@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.

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 the solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5) clearly labeled documents before the Solicitation Closing deadline provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal and Cost Proposal in separate files.

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. Offeror 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 Offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If Offeror 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.

4.3 PROPOSAL FORMAT

Prepare the Technical Proposal and Cost Proposal in accordance with these instructions.

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

Section 1 – Cover Letter Section 2 – RFP Amendments Section 3 – Scope of Work Strategy Section 4 – Experience and Qualifications Section 5 – Contract Provisions Section 6 – Open Records and Confidentiality

Cost Proposal – The Cost Proposal must be a separate document. Format the Cost Proposal following the RFP instructions.

4.4 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 RFP 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 RFP.

b. The requirement that the Offeror’s proposal accurately describes the goods and 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 – RFP AMENDMENTS

Provide signed copies of all Solicitation Amendments issued by the STATE that were required to be acknowledged by Offerors.

SECTION 3 –SCOPE OF WORK STRATEGY

Offeror must review the requirements and deliverables provided in RFP Section 3, Scope of Work.

1. Applicable Directives. The Offeror must identify any state and federal requirements that apply to the contract. The Offeror must address QAPP requirements and provide a narrative of prior experience completing a QAPP.

2. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements/deliverables. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work within the STATE’s project schedule.

3. Value-Added Options. Offerors may include any optional services or goods that are not required by the STATE but are within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Describe any value-added options being offered.

4. Location of Work. The proposal must respond to the STATE’s Location of Work instructions within the RFP Scope of Work. Describe where the work will be performed and any proposed travel.

5. State Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for STATE resources that will be needed for the project, including number of staff, qualifications, roles and responsibilities, and time requirements for the various phases of the project.

6. Risk Management. Offerors must describe measures to be taken to ensure the safety of its employees, state employees, the public, and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated.

7. Project Management Plan. The proposal must describe how the Offeror intends to manage the project to ensure the work is accomplished on time, within budget, and meet quantity and quality standards. Offerors may provide a narrative or organizational chart to illustrate the lines of authority and accountability.

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

SECTION 4 –EXPERIENCE AND QUALIFICATIONS

Mandatory Requirements. An Offeror must provide information to demonstrate meeting the Experience and Qualifications Requirements in RFP Section 3.4.

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects. Provide a description of the project, approximate time frame of the project, and contact information for the customer. Offerors may provide letters of reference from customers.

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;

3. Offeror must provide a designated executive level contact that will act as a point of contact for any issues that need escalation or to discuss the needs of the STATE. This point of contact will be required to participate in any requested demonstration or presentation requested during the RFP process. They will discuss how the contract will be supported and how the Offeror and STATE will work together to ensure a successful outcome;

4. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited;

5. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

6. Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and their rights and responsibilities.

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 timely provide the requested information.

SECTION 5 – CONTRACT PROVISIONS

Offeror shall review the RFP Section 6 and the STATE’s contract – Attachment 5.

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 6 – 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 discretion. The State of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws. Proposals or portions of proposals may be confidential only if specifically stated in law.

Offerors are instructed not to mark their entire proposal as “confidential”.

Offeror must provide one of the following in their proposal:

· Provide a statement indicating that their proposal does not contain any confidential information, OR

· Make a written request to hold confidential any trade secrets and other proprietary data contained in their proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information at https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings If the STATE receives a request for public information, the Procurement Officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

4.5 COST PROPOSAL

Total Cost. Cost proposals must provide the total proposed cost for completing the RFP requirements.

Itemized Costs. Include a detailed itemization of the Cost Proposal, including all direct and indirect costs:

· One time or startup costs

· Ongoing/Lifecycle Costs (For example, consumables, maintenance and support, etc.)

· Commodities/Equipment/Supplies

· Total labor, including a breakdown of the number of hours at the various hourly rates

· Subcontractor costs

· Travel expenses to include transportation, lodging, and per diem costs sufficient to complete the required deliverables in this RFP.

· Overhead

· Etc.

Value-Added Options. Offeror may include pricing for any value-added options that are described in the Offeror’s proposal as options, but not included in the total cost. Any options must be within the scope of work (e.g., an option for a higher level of service, equipment accessories, extended warranty options, etc.). Provide details related to initial cost, reoccurring costs, and options. The STATE shall not consider these costs as part of cost evaluation scoring.

All costs must be stated in U.S. currency. Any commodities being imported must be identified, and the price must include any applicable shipping and handling, customs, brokerage agency fees, and duties.

Offeror should describe any discount terms for prompt payment. Discounts for prompt payment will not be considered in evaluating costs.

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

5.1 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 RFP evaluation criteria.

5.2 RESPONSIVENESS

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. The STATE reserves the right to waive minor informalities in accordance with N.D.A.C. chapter 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors. Responsive proposals will be evaluated by the Procurement Officer or evaluation committee using the evaluation criteria stated within the RFP.

5.3 RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION

The STATE reserves the right to contact references, other customers, including state and local government agencies, regarding past experience with the Offeror. Prior experience of the state agency or institution with any prospective Offeror may also be taken into consideration during evaluation.

The STATE may, at any time, make a supplementary investigation as to the responsibility of any Offeror in accordance with N.D.A.C. § 4-12-11-04. This investigation may include, but is not limited to, financial responsibility, capacity to produce, sources of supply, performance record, or other matters related to the Offeror’s probable ability to deliver if a contract is awarded to the Offeror. If it is determined that an Offeror appears not to be sufficiently responsible, the proposal will be rejected.

5.4 EVALUATION CRITERIA

Proposals will be evaluated using a 100 point scale. The evaluation committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment 4. The Technical Proposal evaluation score and Cost Proposal evaluation score will be added together to determine the total evaluation score. After the initial evaluation, the evaluation 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: 60 Points A. Scope of Work Strategy – 40 Points B. Experience and Qualifications –20 Points Cost Proposal Evaluation: 40 Points

Preference Laws: Any applicable preference laws will be applied. For more information, refer to the Guidelines to Preference Laws.

5.5 COST PROPOSAL EVALUATION

The STATE will calculate evaluation points awarded to Cost Proposals. Any prompt payment discount terms proposed by the Offeror will not be considered in evaluating cost.

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

The cost amount used for evaluation may be affected by the application of other costs required to implement the proposed solution to determine the total cost of the solution (i.e. cost for ITD to host a STATE hosted solution). The lowest Cost Proposal will receive the maximum number of points allocated to cost. Cost proposals will be evaluated using the following formula.

Price of Lowest Cost Proposal Price of Proposal Being Rated X Total Points for Cost Available = Awarded Points

5.6 CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

To determine if a proposal is reasonably susceptible for award, communications by the Procurement Officer or evaluation committee are permitted with an Offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP 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.