RFP+-+Bolley+Furniture.docx

Request for Proposal (RFP)

RFP Title: Bolley Ag Building - Furniture

RFP Number: NDSUCE2025.28

Date of Issue: 11-6-2025

Purpose of RFP:

North Dakota State University (NDSU) is seeking pricing from qualified furniture vendors to supply and install furniture.

Prepared by the North Dakota State University Procurement Department

TABLE OF CONTENTS

SECTION ONE – INSTRUCTIONS

SECTION TWO – BACKGROUND

SECTION THREE – SCOPE OF WORK

SECTION FOUR – PROPOSAL INSTRUCTIONS

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

SECTION SIX – CONTRACT INFORMATION

ATTACHMENTS

Attachment 1 – Digital File Request Form

Attachment 2 – Substitution Request Form

Attachment 3 – Bid Form – Cost Breakdown

Attachment 4 – Bidder Information & Signature

SECTION ONE – INSTRUCTIONS

PURPOSE OF RFP

North Dakota State University (NDSU) is seeking pricing from qualified furniture vendors to supply and install furniture.

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: Casie Ewalt EMAIL: casie.ewalt@ndsu.edu

PHONE: 701-231-9599

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 NDSU 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))

RFP SCHEDULE

1.4 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.

1.5 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.

1.6 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.

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.

1.5 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.

1.6 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.

1.7 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.

1.8 OFFER HELD FIRM

Offerors must hold proposals firm for at least 90 days from the deadline for receipt of proposals (Solicitation Closing). NDSU may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.9 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.

1.10 TAXES

NDSU 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. NDSU sales tax exemption number is E-5411, 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.

NDSU 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.

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.

PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring their proposal is received by NDSU 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.

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.

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 NDSU may permit withdrawal.

NEWS RELEASES

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

CONFLICT OF INTEREST

Offerors must disclose any instances where the firm or any individuals working on the contract has a possible conflict of interest and, if so, the nature of that conflict (e.g., employed by the North Dakota State University). NDSU reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the offeror’s proposal. NDSU’s determination regarding any questions of conflict of interest is final.

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.

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.

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 NDSU, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

SECTION TWO – BACKGROUND

BACKGROUND INFORMATION

Building #168 is located at 1712 18th Street N, Fargo, ND 58102

The Bolley Agricultural Laboratory at North Dakota State University (NDSU) is a state-of-the-art 160,000 sf research facility designed to support advanced work in plant sciences, plant pathology, horticulture, soil science, and potato research. The facility includes specialized laboratory spaces, a greenhouse for controlled environment studies, and customized environmentally controlled spaces to support precise research needs.

Situated adjacent to active research fields, the building enables a direct “field to furrow” connection, allowing scientists to rapidly translate discoveries into practical applications.

This project offers contractors and partners a unique opportunity to contribute to the development of a world-class research environment that will serve students, researchers, and the agricultural industry alike.

BUDGET - The budget will not be provided

SECTION THREE – SCOPE OF WORK

SCOPE OF WORK

The selected vendor(s) will be responsible for:

· Collaborating with NDSU and JLG on final finish selection.

· Procuring, delivering, and installing furniture within the agreed timelines.

· Provide after sales support.

The contractor is responsible for identifying and complying with all state and federal requirements that apply to the contract.

SCHEDULE

Install Start: April 27th, 2026

Completion Date: May 15th, 2026

SUBMISSION REQUIREMENT

Interested vendors should include the following in their proposals:

1. Company Profile

· Overview of your firm (include location and staff) and experience in the higher education and agricultural lab spaces market.

· Examples of similar projects completed.

2. Substitutions

· Completed “Substitution Request” excel spreadsheet (if needed)

· See attached diagram for submission instructions.

· Any bid that includes product not listed as basis of design or an approved alternate will be rejected.

3. Pricing

· Completed “Bid Cost Breakdown” excel spreadsheet.

4. Ability to Perform

· Statement describing your ability to handle this scope of work in the timeframe indicated.

· Ability to service the client after installation is complete.

5. References

· Contact information for three clients from similar and/or local projects.

6. Bidder Information

· Completed “Bidder Information & Signature”.

DIGITAL BACKGROUNDS

To obtain AutoCad backgrounds fill out and sign “Digital Release Form” then email to Jessi Larson at jlarson@jlgarchitects.com

SECTION FOUR – PROPOSAL INSTRUCTIONS

PROPOSAL PREPARATION

NDSU 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.

PROPOSAL SUBMISSION INSTRUCTIONS

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 NDSU 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. NDSU takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

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

2. Select “Recent Solicitations” and find 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.

11. 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.

OPEN RECORDS AND CONFIDENTIALITY

All proposals and other material submitted become the property of NDSU and may be returned only at NDSU’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 NDSU 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.

SECTION FIVE – AWARD AND PROPOSAL EVALUATION

AWARD AND PROPOSAL EVALUATION

AWARD

NDSU intends to award contracts to multiple Offerors, pursuant to N.D.A.C. § 4-12-11-07. NDSU will make award to the highest scoring Offerors whose proposals are determined to be responsive to the requirements of the solicitation and are determined to be the most advantageous in consideration of the RFP evaluation criteria.

RESPONSIVENESS

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. NDSU 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.

RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION

NDSU 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.

NDSU 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.

EVALUATION CRITERIA

Proposals will be evaluated based on the following:

1. Appearance – Ability to source product or match specified item – 10 points

2. Warranty and after-sales support – 10points

3. Cost – 15 points

RIGHT OF REJECTION

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

BEST AND FINAL OFFERS

Use the Best and Final Offers Template on the SPO website to request best and final offers. The STATE may request more than one best and final offer, if desired.

NDSU is not obligated to request best and final offers; therefore, Offerors should submit their best terms (technical and cost) in response to this RFP.

If NDSU determines there is a need for additional information, substantial clarification or changes to the RFP or proposals, NDSU may request for best and final offers from Offerors that have submitted proposals determined to be reasonably susceptible for award. The best and final offer request will describe the additional information, clarification, or change being requested.

A date and time will be established for receipt of revised proposals. If an Offeror does not submit a best and final offer, the STATE shall consider its original proposal its best and final offer. Best and final offers will be evaluated using the evaluation criteria stated in the RFP. The STATE may request more than one best and final offer.

TIE PROPOSALS

In the event that two or more proposals contain identical pricing or receive identical evaluation scores, N.D.C.C. § 54-44.4-05.1 requires preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. In the event the tie is not resolved by application of this law, N.D.A.C. § 4-12-11-05 will be applied.

NEGOTIATIONS

Contract negotiations usually take place after the notice of intent to award is issued to the successful Offeror. It is also acceptable to conduct negotiations prior to finalization of scores with one or more Offerors determined to be reasonably susceptible for award. Pre-award negotiations are commonly conducted with Major IT procurements.

Contract negotiations will be conducted in accordance with N.D.A.C. § 4-12-12. NDSU may enter negotiations with one or more Offeror whose proposals received the highest scores and are reasonably susceptible for award. During negotiations, NDSU and Offeror may agree to alter or otherwise change the terms and conditions and price of the proposed contract. Negotiation, if held, will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of proposals.

Each Offeror will be responsible for all costs it incurs as a result of negotiations, including any travel and per diem expenses. Contract negotiations will be conducted primarily by email, conference calls, or internet-based conference. Any on-site negotiation, if needed, will be held in Fargo, North Dakota.

NDSU may terminate negotiations, reject a proposal as nonresponsive, and continue or commence negotiations with other Offerors reasonably susceptible for award, if the Offeror:

· Fails to provide necessary information for negotiations in a timely manner

· Fails to negotiate in good faith

· Is unable to successfully negotiate contract terms that are acceptable to NDSU

In accordance with N.D.C.C. § 54-44.4-13.1, NDSU and contractor may negotiate payment terms for all commodities and services procured. If a date for payment is not specified in this contract, payment must be made pursuant to section N.D.A.C § 13-01.1-01.

NOTICE OF INTENT TO AWARD

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

CONTRACT APPROVAL

This RFP does not, by itself, obligate NDSU. NDSU’s obligation shall commence when NDSU issues a PO. Upon written notice to the contractor, NDSU may set a different starting date. NDSU shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to a PO being issued by NDSU.

SECTION SIX – CONTRACT INFORMATION

NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND

As a public institution and government entity of the State of North Dakota (the STATE), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent the STATE from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable.

While these Requirements occasionally make the process of negotiating a contract with the STATE more challenging than negotiating with a private industry business, these are not unique to any one agency of the State of North Dakota. These Requirements apply to all public institutions and government entities of the State of North Dakota. Although some are unique to North Dakota, the majority of these Requirements are common to public institutions and government entities throughout the United States.

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 NDSU.

Pursuant to N.D.A.C. § 4-12-11-06, proposals subject to conditions imposed by the Offeror may be rejected as nonresponsive, as determined by NDSU. Proposed terms and conditions that conflict with those contained in the attached contract or that diminish NDSU’s rights under the contract shall be considered null and void. The terms and conditions in the attached contract shall prevail in the event a conflict arises between a term or condition in the proposal and a term or condition in the attached contract.

Part or all of this RFP and Offeror’s proposal may be incorporated into the contract. NDSU may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

CONTRACT PROVISIONS

The contract type will be as follows:

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

Payment Procedures NDSU will make a single payment when all the deliverables are received, and the contract is completed and approved by the project manager designated by NDSU.

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

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

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

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

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

CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES

Indemnification and Insurance

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 negligence, comparative and/or contributory negligence or fault, 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 under N.D.C.C. § 54-12-08. CONTRACTOR also agrees to defend, indemnify, and hold NDSU harmless for all costs, expenses and attorneys' fees incurred if UND 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 Contractor shall 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 $500,000 per person and $2,000,000 per occurrence.

2) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $500,000 per person and $2,000,000 per occurrence.

3) Workers’ compensation coverage meeting all statutory requirements.

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

1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The amount of any deductible or self-retention is subject to approval by the State.

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 State. The policies shall be in form and terms approved by the State.

3) The Contractor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement.

4) Failure to provide insurance as required in this agreement is a material breach of contract entitling State to terminate this agreement immediately.

5) Contractor shall provide at least 30-day notice of any cancellation or material change to the policies or endorsements.

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 OFFEROR MUST OBTAIN THE REQUIRED INSURANCE COVERAGE AND PROVIDE PROCUREMENT WITH PROOF OF COVERAGE PRIOR TO CONTRACT APPROVAL. THE COVERAGE MUST BE SATISFACTORY TO NDSU. AN OFFEROR’S FAILURE TO PROVIDE EVIDENCE OF INSURANCE COVERAGE IS A MATERIAL BREACH AND GROUNDS FOR WITHDRAWAL OF THE AWARD OR TERMINATION OF THE CONTRACT.

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 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 under this section continues beyond the term of this Contract

SCOPE OF WORK

The Scope of Work agreed upon by the parties will be incorporated into the PO.

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