Request+for+Bids+Vending.docx

Request for Bids

DATE ISSUED: September 18, 2025 DEADLINE FOR QUESTIONS: October 2nd, 2025 at 10:00AM CT DEADLINE FOR BID SUMISSION: October 14th, 2025 at 2:00PM CT

Overview:

The State of North Dakota, acting through its Department of Corrections and Rehabilitation (DOCR), is seeking full-service vending for its facilities in Bismarck, Jamestown and Mandan, ND. The goal is to offer a variety of beverages, snacks and food items through vending machines. This contract is being procured as a concession under North Dakota Century Code (N.D.C.C.) Chapter 48-09.

The vending machines have, under the current operator, generated approximately $65,000 in gross sales annually.

ND DOCR Contact:

Bidders interested in this bidding opportunity are directed to email ND DOCR to receive notice of any amendments related to this solicitation. Answers to questions will be provided to all bidders that have contacted ND DOCR.

Dallas Scheet, Purchasing Agent II Phone: 701-328-6107 Email: drscheet@nd.gov Address: Department of Corrections and Rehabilitation 3301 East Main Ave Bismarck ND 58501 Bid #53000-9-18-2025

Scope of Work for ND DOCR Full-service Vending Operations:

The Awarded Bidder must provide all the required services and comply with all requirements in the ND DOCR Full-service Vending Agreement Scope of Work (Atachment 1) including:

1. The operation sites will be in the North Dakota State Penitentiary (NDSP), Missouri river Correctional Center (MRCC) located in Bismarck, ND, James River Correctional Center (JRCC) located in Jamestown, ND and the Youth Correctional Center/Heart River Correctional Center (YCC/HRCC) located in Mandan ND.

a. Additional machines and services may be added, and current machines and services can be removed upon agreement between the ND DOCR and the Contractor

2. Awarded Bidder shall provide and manage all functions of the vending machines including but not limited to regular stocking, maintenance and repair.

3. The vending machines must be open 24 hours per day, 365 days per year.

a. The contract term with the successful bidder will be for two years, with 2 options to renew the contract for two-year periods.

Bidders must prepare an ND DOCR Full-service Vending Bid with the following sections:

1. Bidder Information: The bid response must clearly identify the Bidder name, address, contact person name, title, phone number, and email address. The vendor must be a regularly established business, properly registered with the North Dakota Secretary of State.

2. Contract Requirements: Review the sample ND DOCR Full-Service Lease Agreement (Attachment 1) which contains a Scope of Work, terms and conditions. The bidder’s response must confirm:

a. The Bidder will comply with insurance requirements described in the attached agreement.

b. Insure its own personal property against loss from any cause.

c. The Bidder will agree with the Indemnification requirements.

3. Cost Proposal: Bidders must prepare and submit a Concession Lease Bid with the following information. The bid submitted by the Awarded Bidder will be incorporated into the agreement. A minimum bid has not been established.

a. Vending machines pop, snacks, sandwiches and food (17 pop machines, 8 snack machines, 2 food machines and 1 sandwich machine are located throughout the facilities.

b. Any proposed commission (flat monthly fee per machine).

c. If applicable, describe any proposed costs to the state.

4. Bidders shall prepare and submit an ND DOCR Full-service vending Proposal describing their proposed vision for the full-service services and vending concessions, including:

a. Bidders must include (attach) an itemized price list for all items to be sold in the vending machines. The price list must identify products (and their size) and reflect the actual price for each item. The items stocked need to be current and within their expiration date period. All beverages must be in plastic bottles.

b. Demonstrate the ability to provide effective and efficient full-service vending.

5. Experience and Qualifications:

a. Information to demonstrate that the bidder has at least one year of professional experience as the owner/operator of a full-service vending contractor.

b. Staff Information: Background checks for CONTRACTOR personnel. The ND DOCR requires all background checks to be performed on all CONTRACTOR Personnel who will access the facility.

CONTRACTOR shall provide the Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by the Purchasing Agency. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. The CONTRACTOR will be responsible for notifying the Procurement Officer or designee if any CONTRACTOR Personnel changes and provide background checks for any new CONTRACTOR Personnel. Under no circumstance shall any CONTRACTOR Personnel have access to the facility without a background check and approval by the Purchasing Agency. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the CONTRACTOR’s responsibility. At any time during the contract period, the Purchasing Agency may request the CONTRACTOR to provide updated background checks of any CONTRACTOR Personnel that have access to the premises.

Bid Submission:

· The bid must be submitted by the deadline indicated in this bid notice.

· Bidders are responsible for notifying ND DOCR of their intent to participate.

· Bidders are responsible for obtaining and complying with any amendments issued related to this notice.

· Bids may be delivered in person, mail/delivery service, by email, or by uploading to the State Procurement Online System (See Attachment 2 for instructions).

· Any bid received late will be rejected. Bidders may contact the ND DOCR Contact to confirm delivery.

Bid Evaluation Criteria and Process

1. Bids must be received by the deadline.

2. By submitting a bid, the bidder acknowledges the bid specifications and conditions of submitting the bid. The bidder agrees to comply with the terms in the sample agreement.

3. Bids will be evaluated to determine the highest, responsible bidder for the commission (flat monthly fee per machine) (vending), in consideration of any applicable proposed costs to the state.

4. The selection will be based on, but not limited to, the following:

a. Completeness of the bid proposal.

b. Contract Requirements: Compliance with agreement requirements, including insurance, and indemnification.

c. Commission (FLAT MONTHLY FEE PER MACHINE) Proposal submitted by the bidder.

5. ND DOCR may request a presentation by the bidder after bids are received and opened to complete the evaluation and award process.

ND DOCR will award the Full-service vending to one Contractor, unless the awarded Contractor elects not to operate in Jamestown, ND. In that event, ND DOCR reserves the right to make a separate award for the full-service vending machine operations in Jamestown, ND to the highest responsible bidder.

Any omission or misrepresentation of fact made by the bidder is sufficient cause for the full-service vending to reject the bidder’s proposal, and if discovered after the Concession has been awarded, is sufficient cause to cancel the contract.

CURRENT VENDING MACHINES AND LOCATIONS

1. North Dakota State Penitentiary (NDSP): located at 3100 Railroad Avenue, Bismarck, ND 58501.

a. TWO BEVERAGE vending machine Front Lobby (staff and general public)

b. ONE SNACK vending machine Front Lobby (staff and general public)

c. ONE BEVERAGE vending machine Training Room (staff only)

d. ONE SNACK vending machine Training Room (staff only)

e. ONE BEVERAGE vending machine Area Near Control Room (staff only)

f. ONE SNACK vending machine Visiting Room

g. ONE BEVERAGE vending machine Visiting Room

2. Missouri River Correctional Center (MRCC): located at 1800 48th Avenue SW, Bismarck, ND 58504.

a. One SNACK vending machine Visiting Room (staff and general public)

b. TWO BEVERAGE vending machine Visiting Room (staff and general public)

c. TWO Food Vending Machines Visiting Room (staff and general public)

3. James River Correctional Center (JRCC): located at 2521 Circle Drive, Jamestown, ND 58401.

a. TWO BEVERAGE vending machine Visiting Room (staff and general public)

b. ONE SNACK vending machine Visiting Room (staff and general public)

c. ONE BEVERAGE vending machine Visiting Room (staff and general public)

d. ONE SANDWICH vending machine Visiting Room (staff and general public)

e. ONE BEVERAGE vending machine Front Lobby (staff only)

f. ONE SNACK vending machine Front Lobby (staff only)

g. ONE SNACK vending machine Training Room (staff only)

h. ONE BEVERAGE vending machine Training Room (staff only)

4. Youth Correctional Center (YCC): located at 701 16th Avenue SW, Mandan, ND 58554.

a. ONE BEVERAGE vending machine Administration/School Building (staff and general public)

b. TWO BEVERAGE vending machine Centennial Hall –Concession Area (staff only)

c. ONE SNACK vending machine Centennial Hall –Concession Area (staff only)

d. ONE BEVERAGE vending machine Pine Cottage –Dayroom (staff only)

e. ONE BEVERAGE vending machine Brown Cottage (staff only)

Attachment 1

AGREEMENT BETWEEN

A VENDING MACHINE OPERATOR AND

THE North Dakota DEPARTMENT OF

CORRECTION AND REHABILITATION

1. PARTIES

This agreement, hereinafter referred to as Agreement, is entered into as of the 1st day of November 2025, by and between the State of North Dakota, Department of Corrections and Rehabilitation, hereinafter referred to as State, and (CONTRACTOR) hereinafter referred to as Contractor: INSERT NAME AND ADDRESS OF AWARDED VENDOR.

2. SCOPE OF AGREEMENT – CONTRACTOR OBLIGATIONS

The State has the sole authority to lease the space, premises, and electricity in facilities Bismarck, Jamestown and Mandan, North Dakota, commonly known as the NDSP, MRCC and YCC/HRCC for vending machines.

1. Contractor agrees:

a. The State hereby agrees to Contractor the above-described space, premises, facilities, electricity for a term of twenty-four (24) months, commencing on the 1st day of November 2025, and terminating on the 31st day of October 2027. The state reserves the right to extend this agreement for two (2) additional two-year terms beyond the current term.

b. To install, maintain, and provide full-service vending machines at the locations designated in Item #10 below. Further, Contractor agrees to keep the machines in a safe, serviceable condition at all times

c. To keep the machines stocked with nonalcoholic beverages and agreed upon snack, sandwich and food items only. All beverages must be dispensed in plastic containers. No glass bottles, metal cans or metal bottles may be dispensed. Merchandise must be kept at the most appropriate temperature.

d. That NDDOCR has jurisdiction over the siting of the machines and may, at its sole discretion, cancel a site if it determines that the location of the machine or machines at that site interferes or conflicts with the state or public use of the site. Contractor agrees to abide by any other rules and regulations NDDOCR has in effect or puts into effect regarding the use of the machines and will submit placement requests to NDDOCR for approval or revision prior to placement, stating in detail the location of the machine internally.

e. That any losses sustained to equipment or merchandise due to vandalism, power surges or outages, acts of God or for any other reason are sole responsibility of the contractor.

f. That on any business day, State may request Contractor, or one of Contractor's representatives, to appear at the site of the vending machines and permit State or its designees to count and determine the amount of money in any machine at the facility. State will give a minimum of 36 hours’ notice prior to each requested inspection.

2. State

a) Agrees to provide electricity for the operation of the vending machines provided by Contractor; provided however, Contractor will assume all costs associated with providing power to vending machines if electricity is not available where machines are located or relocated.

b) Reserves the right to relocate machines or to cancel this agreement by giving the parties thirty days' written notice if NDDOCR determines that the machines interfere or conflict with the state or public use of the site.

3. Reserves the right to request additional machines and services may, and current machines and services can be removed upon agreement between the ND DOCR and the Contractor.

4. The Contractor shall grant State the right to audit all income from the machines at any or all sites. An audit is restricted to income relating to this agreement and the state shall conduct audits during Contractor's regular business hours.

5. This agreement begins on the date of the final contract signature and may be terminated as set forth throughout the agreement by either party giving the other parties written notice thirty days in advance of termination. Any termination will be without prejudice and any obligations incurred prior to the termination date shall be settled by check within thirty days following the termination.

6. This agreement contains all the conditions to which the parties have agreed. No other terms or conditions, written or oral, may affect the binding nature of this agreement unless this agreement is amended or the other terms or conditions are incorporated into this agreement by written reference.

7. Governing Law and Venue:

Notwithstanding any rules regarding the choice of law or venue, it is agreed by the parties that this contract is governed by and construed in accordance with applicable Federal Law and the laws of the state of North Dakota, at the time this contract was executed. All disputes arising from this agreement must be brought in the South-Central District Court of the state of North Dakota.

8. Subcontracting:

The contractor may not assign any portion of the work under this agreement, execute any contract, or obligate itself in any manner with a third party with respect to its rights and responsibilities to this agreement without written consent of NDDOCR. Any agreement with a subcontractor does not create a contractual relationship between NDDOCR and the subcontractor.

9. Assignments:

The Contractor may not assign or transfer Contractors interests or duties under this agreement without the express written consent of NDDOCR

10. Location of all sites:

A list of Contractor's vending machines located at specified facilities is attached by its reference here:

CURRENT VENDING MACHINES AND LOCATIONS

1. North Dakota State Penitentiary (NDSP): located at 3100 Railroad Avenue, Bismarck, ND 58501.

a. TWO BEVERAGE vending machine Front Lobby (staff and general public)

b. ONE SNACK vending machine Front Lobby (staff and general public)

c. ONE BEVERAGE vending machine Training Room (staff only)

d. ONE SNACK vending machine Training Room (staff only)

e. ONE BEVERAGE vending machine Area Near Control Room (staff only)

f. ONE SNACK vending machine Visiting Room

g. ONE BEVERAGE vending machine Visiting Room

2. Missouri River Correctional Center (MRCC): located at 1800 48th Avenue SW, Bismarck, ND 58504.

a. One SNACK vending machine Visiting Room (staff and general public)

b. TWO BEVERAGE vending machine Visiting Room (staff and general public)

c. TWO Food Vending Machines Visiting Room (staff and general public)

3. James River Correctional Center (JRCC): located at 2521 Circle Drive, Jamestown, ND 58401.

a. TWO BEVERAGE vending machine Visiting Room (staff and general public)

b. ONE SNACK vending machine Visiting Room (staff and general public)

c. ONE BEVERAGE vending machine Visiting Room (staff and general public)

d. ONE SANDWICH vending machine Visiting Room (staff and general public)

e. ONE BEVERAGE vending machine Front Lobby (staff only)

f. ONE SNACK vending machine Front Lobby (staff only)

g. ONE SNACK vending machine Training Room (staff only)

h. ONE BEVERAGE vending machine Training Room (staff only)

4. Youth Correctional Center (YCC): located at 701 16th Avenue SW, Mandan, ND 58554.

a. ONE BEVERAGE vending machine Administration/School Building (staff and general public)

b. TWO BEVERAGE vending machine Centennial Hall –Concession Area (staff only)

c. ONE SNACK vending machine Centennial Hall –Concession Area (staff only)

d. ONE BEVERAGE vending machine Pine Cottage –Dayroom (staff only)

e. ONE BEVERAGE vending machine Brown Cottage (staff only

Page I o2.

2.REPORTING REQUIREMENTS

The contractor shall provide to state complete and accurate annual financial statements of the business conducted in the vending machines at the time those statements are prepared for tax purposes or otherwise.

3. VENDING PAYMENTS.

The Contractor will pay the state Commission for the above-described space, premises, facilities, equipment, and inventory as follows:

a. COMMISSION SHARING. INSERT PROPOSED COMMISSION (FLAT FEE) FROM AWARDED VENDOR

5. ASSIGNMENT

Contractor shall not assign, subcontract, or sublet, this Agreement nor any of the subject thereof.

6. TERMINATION OF THE LEASE

a. The State may terminate and cancel this lease at any time on written notice of thirty (30) days according to N.D.C.C. § 48-09-04.

b. If this Agreement is terminated at the election of the State, Contractor hereby agrees to peaceably surrender and deliver up the above-described premises, facilities, equipment, and remaining inventory.

c. If any of the above-described space, premises, facilities, equipment, or inventory remains in the possession of Contractor after the termination of this Agreement, no matter how terminated, Contractor shall be deemed to be in forcible detainer of the premises, facilities, equipment, or inventory.

d. If Contractor is an Owner Operator and should die or become completely incapacitated during the term of this Agreement, the Agreement will terminate upon that event.

7. INSURANCE

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:

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

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

b. 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 State.

c. The duty to defend, indemnify, and hold harmless the State under this Agreement shall not be limited by the insurance required in this Agreement.

d. The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy on a primary and noncontributory basis, including any excess policies (to the extent applicable), as additional insured. State 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 Contractor.

e. A “Waiver of Subrogation” waiving any right to recovery the insurance company may have against State.

f. Contractor shall provide a certificate of insurance prior to commencement of this Agreement and any required endorsements as soon as practicable electronically to:

Dallas Scheet Purchasing Agent II drscheet@nd.gov

g. Failure to provide insurance as required in this Agreement is a material breach of contract entitling the State to terminate this Agreement immediately.

h. Contractor shall provide at least 30-day notice of any cancellation or material change to the policies or endorsements. Contractor shall provide on an ongoing basis, current certificates of insurance during the term of the Lease. A renewal certificate will be provided 10 days prior to coverage expiration.

9. INDEMNIFICATION

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

10. MERGER AND MODIFICATION

This Lease constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Lease. This Lease may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties.

STATE OF NORTH DAKOTA,

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Attachment 2 Upload Response Through the State Procurement Online System (SPO Online):

Bidders may electronically submit Bid Responses through the State Procurement Office Online system (SPO Online) by the Bid Response deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for a Bidder’s failure to timely submit a Bid Response due to any technical difficulties. If you experience any technical difficulties contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

If documents are in the process of being uploaded when the Bid Response deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find this solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Bid Response deadline.

4. Offerors must upload their Bid Response as requested in the Bid Response section of this IFB.

5. The maximum file size allowed is 50 MB per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system does not accept other special characters such as apostrophe, & symbol, quotation marks, etc.

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10.Bidder will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Bidder do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If Bidder does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.