RFP+-+Library+Chiller+Upgrade.docx

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LIBRARY CHILLER UPGRADES
Solicitation number
NDSUCE01-2020
Issued by
Cass County, Fargo City, North Dakota

About this file

This document is a Request for Proposal (RFP) issued by North Dakota State University (NDSU) to solicit proposals from qualified bidders to replace the chiller at the Library. The RFP provides details on the project background and specifications, including a link to the scope of work and drawings. The proposal is due on January 21, 2020, by 2:00 PM CST, and the contract is expected to begin as soon as possible and end on or before May 8, 2020. NDSU reserves the right to accept or reject all or any part of the proposals and waive any minor irregularities.

The RFP outlines the pricing and cost proposal requirements, including the need for an itemized list of all direct and indirect costs. Bidders may submit alternate proposals, and the use of subcontractors is permitted. The RFP also addresses the disclosure of proposal contents, the right of rejection, and the potential for discussions and contract negotiations with the highest-ranked bidder. Bidders must acknowledge any addenda received and provide exceptions to the RFP requirements, if any.

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Text version

REQUEST FOR PROPOSAL (RFP)

RFP Title: LIBRARY CHILLER UPGRADE RFP Number: NDSUCE1-2020

Date of Issue: 1-7-2020

Prepared by North Dakota State University Purchasing Department

TABLE OF CONTENTS

SECTION ONE

1.1 Purpose of the RFP

1.2 General

1.3 Proposal Content

1.4 Withdrawal and Referrals

1.5 Contact Person, Telephone, Fax Number and Email

1.6 Schedule of Events

1.7 Proposal Submittal Deadline

1.8 Approved Vendor Registration Requirements

1.9 Addendum to the RFP

1.10 Required Licenses

SECTION TWO

2.1 Background and Specifications

SECTION THREE

3.1Travel
3.2Term of Contract
3.3Renewal Options
3.4Time is of the Essence
3.5Termination of Contract
3.6Force Majeure
3.7Indemnity
3.8Insurance Requirements
3.9Works for Hire
3.10Work Product, Equipment and Materials
3.11New Equipment, Used Equipment, Refurbished Equipment and Materials Certificate
3.12Confidentiality
3.13Inspection and Investigation
3.14Assignment and Subcontracts
3.15Supervision and Inspection
3.16Spoliation
3.17Severability
3.18Applicable Law
3.19Nondiscrimination and Compliance with Laws
3.20Audit
3.21Standard Contract Provisions
3.22Additional Terms and Conditions
3.23Contract Approval
3.24Taxes and Taxpayer Identification
3.25F.O.B. Point and Freight
3.26Non-Collusion

SECTION FOUR

4.1Proposal Evaluation
4.2Reciprocal Preference Law
4.3Demonstrations

SECTION FIVE

5.1Proposal Format and Content
5.2Introduction
5.3References

SECTION SIX

6.1Cost Proposal
6.2Alternate Proposals
6.3Subcontractors
6.4Disclosure of Proposal Contents and Compliance with Open Records
6.5Rights of Rejection
6.6Discussions and Best and Final Offers
6.7Contract Negotiations
6.8Failure to Negotiate
6.9Exceptions
6.10Receipt of Addenda
6.11Signature

Section One – Introductions and Instructions

1.1 Purpose of the RFP

North Dakota State University (NDSU) wishes to solicit proposals from qualified bidders to replace the chiller at the Library.

1.2 General

The following sections contain instructions and format requirements which must be followed by the bidder in order for its proposal to be given a complete and proper evaluation.

Failure to comply with these instructions may disqualify a bidder from further consideration.

The procurement officer is the point of contact for this RFP. ALL vendor communications regarding this RFP must be directed to the procurement officer. Unauthorized contact regarding the RFP with other employees of NDSU may result in the vendor being disqualified, and the vendor may be suspended or disbarred from the state bidder’s list.

In order for a Bidder’s Proposal to be considered, the Bidder must meet the requirements of the Proposal and familiarize themselves with all facilities and aspects of the work areas, the nature and location of the work, the general and local conditions, inspect the NDSU furnished items to be used by the successful Bidder and all other items which may affect the cost of performing the work.

It is understood and agreed that all such conditions, factors and information have been investigated and considered in the preparation of every Bidder’s Proposal submitted. No claims for adjustment to any contract awarded for the work resulting from the lack of such prior investigation or consideration or its effect on the cost of the work will be permitted by NDSU. By submitting a proposal, a Bidder waives any right it may have to assert such a claim.

1.3 Proposal Content

NDSU reserves the right to accept or reject all or any part of the Bidder’s proposal and to
waive any minor irregularities and informalities in any bidder proposal that is submitted.

1.4 Withdrawal and Referrals

Any Bidder may withdraw the Proposal at any time prior to the due date set forth in section 1.7 without prejudicing the Bidders right to file another Proposal, provided such other Proposal complies with the terms and conditions hereof and is received prior to due date set forth above. Bidders may withdraw a Proposal by submitting a written notice of withdrawal to NDSU prior to the due date.

1.5 Contact person, Telephone, and Email

All correspondence or questions concerning the proposal should be directed to:

Ms. Casie Ewalt Buyer North Dakota State University Phone: 701-231-9599 Email: Casie.Ewalt@ndsu.edu PO Box 6050 Dept. 3150 Fargo, ND 58108-6050

Physical Address:

Old Main #17 1340 Administration Avenue Fargo, ND 58102

1.6 Schedule of Events

This schedule of events represents NDSU’s best estimate of the schedule that will be followed for this RFP. If a component of this schedule, such as the deadline for receipt of proposals is delayed, the rest of the schedule will be shifted.

RFP Issued
1-7-2020
Deadline for Receipt of Questions
1-16-2020 by 2pn CST
Proposals Due
1-21-2020 by 2pm CST
NDSU issues contract
Upon Award

1.7 Proposal Submittal and Deadline

The proposal shall be valid for ninety (90) days and may not be withdrawn for any reason without the approval of NDSU. In the event award is not made within ninety (90) days, NDSU will send a written request to all bidders deemed susceptible for award asking bidders to hold their price firm for a longer specified period of time.

Proposals will be accepted in the following ways:

Method
Allowed if X
Hand delivered
X

It shall be the bidder’s responsibility to advise NDSU before the bid opening date of conflicting requirements or omissions of information in the RFP that require clarification.

The bidder’s proposal must be submitted no later than:

Month
Day
Year
Time CST
A.M./P.M.
JANUARY
21ST
2020
2:00
PM

*Proposals will not be read publicly at the opening* Any proposal response received after the closing date and time shall be considered disqualified and will be returned unopened to the submitting respondent.

It is the bidder’s responsibility to verify their bid has been received by NDSU prior to the deadline.

Any costs incurred by firms in preparing or submitting a proposal or presentation shall be the firm’s sole responsibility.

1.8 Approved Vendor Registration Requirements

The approved bidder must register and become approved within 60 calendar days from the date of the contract award – or an order is placed, as may be extended by the procurement officer. If a bidder fails to become registered, its proposal/bid will be considered non-responsive and rejected.

To register with the North Dakota Secretary of State (fees apply) – registration instructions and forms are available on-line at www.nd.gov/spo/vendor.

The bid may be rejected if the bidder fails to register within the specified time period.

1.9 Addendum to the RFP

NDSU may need to issue one or more addenda related to this RFP. Such addenda shall be issued to all prospective firms via electronic communications.

1.10 Required Licenses

At the time specified by the deadline for submission of proposals, the bidders must have and keep current any professional licenses and permits required by federal, state, and local laws for the performance of this contract. Bidders that do not possess required licenses at the time proposals are due will be determined non-responsive.

Section Two – Background Information and Specifications

2.1 Background and Specifications

See below link for - Scope of work and drawings https://drive.google.com/drive/folders/1Wl9fOaNYCI8ksjpnUIJu-ky8gqi8xX_4?usp=sharing

If you have problems with the link, email Casie Ewalt.

Section Three – General Contract Information

3.1 Travel

Bidder acknowledges travel costs are covered by the contractual amount and will not invoice NDSU for travel costs.

3.2 Term of contract

This contract will begin on ASAP and will end on or before 5-8-2020.

Proposals should be submitted on the most complete and favorable terms and pricing available to NDSU.

Part or all of this RFP and the successful proposal may be incorporated into the contract.

3.3 Renewal Option – N/A

3.4 Time is of the Essence

Time of delivery is of the essence of this Contract. Notwithstanding, Bidder shall be excused for delays in delivery of the services where any such delay is due to acts of God, acts of NDSU not within its rights, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot or similar causes beyond Bidder's control, which Bidder could not have reasonably foreseen or provided against. In the event of any such delay, Bidder shall only be allowed an extension of the date of delivery for a period equal to the duration of the delay and Bidder shall not be entitled to any extra compensation for such delay. Bidder shall promptly notify NDSU in writing of any such delay and at no additional cost to Bidder, Bidder shall take all reasonable steps to avoid or end such delay.

3.5 Termination of Contract

A. Termination without Cause. This contract may be terminated by mutual consent of both parties, or by either party upon 30 days’ written notice.

B. Termination by Mutual Agreement. This contract may be terminated by mutual consent of both parties executed in writing.

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

D. Termination for Lack of Funding or Authority. NDSU by written notice to bidder may terminate whole or part of this Contract under any of the following conditions.

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

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

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

E. Termination for Cause. NDSU may terminate this contract effective upon delivery of written notice to bidder, or any later date state in the notice.

1. If bidder fails to provide services required by this contract within the time specified or any extension agreed to by the University; or

2. If bidder fails to perform any of the other provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms.

3. If the contract is terminated for any reason, the bidder is responsible for delivery of all commodities and services ordered prior to termination, unless these orders have been cancelled by NDSU.

3.6 Force Majeure

Bidder shall not be held responsible for delay or default caused by fire, riot, acts of God, or war if the event is beyond the Bidder’s reasonable control and Bidder gives notice to NDSU immediately upon occurrence of the event causing the delay or default or which is reasonably expected to cause a delay or default. In the event of any such delay, Bidder shall only be allowed an extension of the date of delivery for a period equal to the duration of the delay and Bidder shall not be entitled to any extra compensation for such delay. Bidder shall promptly notify NDSU in writing of such delay and no additional cost to NDSU. Bidder shall take all reasonable steps to avoid or end such delay.

3.7 Indemnity

The Bidder agrees to assume liability for, and does hereby agree to indemnify, protect, save and hold harmless the NDSU from and against any and all liabilities, obligations, losses, damages, penalties, claims, suits, judgments, attorney fees and other expenses or disbursements of any kind (including damages for negligence of the Bidder which becomes the obligation of the NDSU because of the application of the workers compensation laws and also including itemized NDSU staff time and associated expenses) imposed on or brought about as a result of or arising out of the performance of the Contract. In the event the liability of the Bidder shall arise by reason of sole negligence of the NDSU or its employees, then and only then shall the Bidder not be liable under the conditions of this section.

3.8 Insurance Requirements

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

3.9 Works for Hire

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

3.10 Work Product, Equipment and Materials

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

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

3.12 Confidentiality

This contract is subject to North Dakota’s public records law.

Bidder 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 Bidder that Bidder 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 Bidder to maintain confidentiality of information under this section continues beyond the term of this Contract.

3.13 Inspection and Investigations

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

3.14 Assignments and Subcontracts

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

3.15 Supervision and Inspection

Bidder will give sufficient supervision of the work using its best skill and attention. Bidder will carefully study and compare all specifications and other instructions and will at once report to NDSU any error, inconsistency, or omission which it may discover. Bidder shall also employ capable, experienced, or reliable workers as may be required for the work to be performed.

NDSU reserves the right to request the removal of any bidder employee from the project if in the judgment of NDSU, such removal shall be necessary in order to protect the interests of NDSU. The manner of performance of the work and all materials used therein shall be subject to inspection, test, and approval of NDSU, and the bidder shall furnish all information required by NDSU concerning the nature and source of any materials incorporated or to be incorporated in the work.

3.16 Spoliation

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

3.17 Severability

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

3.18 Applicable Law

This Contract shall be subject to and governed in all respects, including issues of validity, interpretation, performance and enforcement, by the laws of the State of North Dakota.

3.19 Nondiscrimination and Compliance with Laws

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

3.20 Audit

NDSU will have full access at all times to all of the bidder's records, regardless of physical form, that relate to this Contract. Bidder will maintain all such records for at least three years following completion of this contract.

3.21 Standard Contract Provisions

The successful bidder will be required to sign and submit the contract attached to this RFP in Attachment 1. The bidder must comply with the contract provisions set out in this attachment. Any objections to the contract provisions must be set out in the bidder’s proposal. No alteration of these provisions will be permitted without prior written approval from NDSU. Bidders are instructed to contact the procurement officer in writing by the deadline set for questions with any concerns regarding the contract provisions.

3.22 Additional Terms and Conditions

NDSU reserves the right to add, delete, or modify terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations.

3.23 Contract Approval

This RFP does not, by itself, obligate NDSU. NDSU’s obligation will commence when the contract is executed. Upon written notice to the Bidder, NDSU may set a different starting date for the contract. NDSU will not be responsible for any work done by the Bidder, even work done in good faith, if it occurs prior to the contract start date set by NDSU.

3.24 Taxes and Taxpayer Identification

NDSU is not responsible for and will not pay local, state, or federal taxes. NDSU’s sales tax exemption number is E-5411. NDSU will furnish certificates of exemption upon request by the bidder. A bidder performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on material and supplies used or consumed in carrying out contracts. In these cases, the bidder is required to file returns and pay sales and use tax just as required for contracts with private parties. A bidder performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the bidder. In the case of employees performing the services in the state, the bidder is required to withhold state income tax from the employees' compensation and remit to the state as required by law.

Contact the North Dakota Tax Department at 701-328-1248 or visit its web site for more information.

3.25 F.O.B. Point and Freight

All commodities purchased through this contract will be Freight on Board (“F.O.B.”) final destination, freight prepaid. Unless specifically stated otherwise, all prices offered must include the delivery costs to any location within North Dakota State University. Title will pass to NDSU at destination, and the vendor will be responsible for any freight claims.

3.26 Non-Collusion

The bidder by signing the RFP response certifies that the response has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of actions with, any other vendor of services described in the RFP Project Overview, designed to limit independent bidding or competition.

Section Four – Proposal Evaluation and Reciprocal Preference Law

4.1 Proposal Evaluation

An RFP Evaluation Team and if awarded will be awarded in the best interest of NDSU. Examples of criteria to be used in evaluating the proposals received but not limited to:

· Bidders demonstrated ability to meet the specifications

· Reference checks

· The Proposal price

· Bidder’s ability to complete the work within the scheduled time

· Bidder’s ability to effectively manage and perform the work

· Other criteria NDSU in its sole discretion, may consider appropriate to its evaluation NDSU will arrange for discussions with Bidders submitting proposals for obtaining additional information or clarification if required. Proposals may be evaluated without further discussion if clarification or further information is not required.

Following the final evaluation if it is determined that NDSU should proceed to enter into a contract or contracts, NDSU will initiate negotiations with the highest qualified Bidder. At the time the contract is being developed, the Bidder and NDSU can negotiate and changes desired in the request for Proposal if deemed in the best interest of NDSU. If a satisfactory contract cannot be developed with the highest qualified bidder, negotiations will be formally terminated and the next highest qualified bidder bill be approached until a satisfactory contract can be developed.

4.2 Reciprocal Preference Law

The cost amount used for evaluation may be affected by the application of North Dakota preference laws (N.D.C.C. § 44-08-01). The preference given to a resident Bidder will be equal to the preference given or required by the state of the nonresident Bidder (i.e. reciprocal preference). When evaluating cost proposals from nonresident (out-of-state) Bidders, the Procurement Officer will determine whether the Bidder’s state of residence has a preference law for vendors resident in that state. The cost proposal of the nonresident Bidder will be increased by the same percentage of preference given to vendors resident in that state.

For example, if the state law of the nonresident Bidder requires a 5% preference for vendors resident in that state, the Procurement Officer will increase that Bidder has cost proposal by 5% before evaluation. Converting Cost to Points After applying any reciprocal preference, the lowest cost proposal will receive the maximum number of points allocated to cost. The point allocations for cost on the other proposals will be determined as follows:

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

4.3 Demonstrations

After any discussions for clarifications and the initial evaluation of proposals received, bidders whose proposals receive the highest scores and are determined to be reasonably susceptible for award may be required to provide an on-site demonstration of the proposed solution for the evaluation team. The demonstration times will be coordinated with the proposed bidders.

Bidders will be responsible for all costs associated with providing the demonstration.

Section Five - Proposal Evaluation

5.1 Proposal Format and Content

NDSU discourage overly lengthy and costly proposals; however, in order for NDSU to evaluate proposals fairly and completely, bidders must follow the format set out in this RFP and provide all information requested.

5.2 Introduction

Proposals must include the complete name and address of bidder’s firm and name, mailing address and telephone number of the person NDSU should contract regarding the proposal.

Please fill in below:

Information Required
Response

Bidder’s Company Name:

Bidder’s Address:

Contact Person:

Contact Person Title:

Contact Person Email Address:

Contact Person Phone Number:

5.3 References

Provide three references for similar projects, which are not NDSU related.

#
Reference
Contact
Contact Phone Number

Section Six – Cost Proposal

6.1 Cost Proposal

Cost proposals must include an itemized list of all direct and indirect costs associated with the performance of the contract, including total number of hours at various hourly rates, direct expenses, payroll, supplies, overhead assigned to each person working on the project, percentage of each person's time devoted to the project, and profit.

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

Bidders should describe any discounts terms for prompt payment. Discounts for prompt payment will not be considered in evaluating cost.

Offers may submit alternate proposal. If more than one proposal is submitted, all must be complete (separate) and comply with the instructions set forth within this document.

Each proposal will be evaluated on its own merit.

Each Bidder is requested to provide a complete proposal:

6.2 Alternate Proposals

Bidders may submit more than one proposal for evaluation. Alternate proposals (proposals that offer something different from what is requested) will be considered.

6.3 Subcontractors

Subcontractors may be used to perform work under this contract. If a bidder intends to use subcontractors, the bidder must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform.

If a proposal with subcontractors is selected, the bidder must provide the following information concerning each prospective subcontractor within five working days from the date of NDSUs request:

(a) Complete name of the subcontractor;

(b) Complete address of the subcontractor;

(c) Type of work the subcontractor will be performing;

(d) Percentage of work the subcontractor will be providing;

(e) Evidence, as set out in the relevant section of this RFP, that the subcontractor is registered and, if applicable, holds a valid North Dakota business license; and

(f) A written statement, signed by each proposed subcontractor, which clearly verifies that the subcontractor is committed to render the services required by the contract.

A bidder's failure to provide this information, within the time set, may cause NDSU to consider its proposal non-responsive and reject it. The substitution of one subcontractor for another may be made only at the discretion and prior written approval of NDSU’s procurement officer.

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

Bidders may make a written request that trade secrets and other proprietary data contained in proposals be held confidential. Material considered confidential by the bidder must be clearly identified, and the bidder must include a brief statement that sets out the reasons for confidentiality. See the North Dakota Office of the Attorney General website for additional information. http://www.ag.nd.gov/OpenRecords/ORM.htm After award, proposals will be subject to the North Dakota open records law. Records are closed or confidential only if specifically stated in law. If a request for public information is received, the procurement officer, in consultation with NDSU’s legal counsel, will determine whether the information is an exception to the North Dakota open records law, and the information will be processed appropriately.

6.5 Right of Rejection

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

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

6.6 Discussions and Best and Final Offers

NDSU may conduct discussions or request best and final offers with bidders that have submitted proposals determined to be reasonably susceptible for award. NDSU is not obligated to do so, therefore, vendors should submit their best terms (cost and technical). The purpose of these discussions is to ensure full understanding of the requirements of the RFP and the bidder’s proposal. Discussions will be limited to specific sections of the RFP or proposal identified by the procurement officer. Discussions, if held, will be after initial evaluation of proposals by the proposal evaluation team. If modifications to the proposal are made as a result of these discussions, the modifications must be put in writing.

Bidders with a disability needing accommodation should contact the procurement officer prior to the date set for discussions so that reasonable accommodation can be made.

6.7 Contract Negotiation

After final evaluation, the university may negotiate with the bidder of the highest-ranked proposal. Negotiations, if held, will be within the scope of the request for proposals and limited to those items that would not have an effect on the ranking of proposals. If the highest-ranked bidder fails to provide necessary information for negotiations in a timely manner, or fails to negotiate in good faith, NDSU may terminate negotiations and negotiate with the bidder of the next highest-ranked proposal.

If contract negotiations are held, the bidder will be responsible for all costs including its travel and per diem expenses.

6.8 Failure to Negotiate

If the selected bidder:

· fails to provide the information required to begin negotiations in a timely manner;

· fails to negotiate in good faith;

· indicates it cannot perform the contract within the budgeted funds available for the project; or

· if the bidder and NDSU, after a good faith effort, cannot come to terms, NDSU may terminate negotiations with the bidder initially selected and commence negotiations with the next highest ranked bidder.

6.9 Exceptions

THE BIDDER DECLARES THAT THE FOLLOWING LIST INCLUDES ALL VARIATIONS FROM, CLARIFICATION’S OF AND EXCEPTION TO REQUIREMENTS OF THE SPECIFICATION AND GENERAL CONDITIONS; OTHERWISE, IT WILL BE INTERPRETED BY NDSU THAT THE BIDDER’S PROPOSAL IS IN STRICT ACCORDANCE WITH THESE DOCUMENTS. IF NO EXCEPTIONS ARE TAKEN BIDDER SHALL STATE “NONE”

6.10 Receipt of Addenda

BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA AND HAS INCLUDED ALL CHANGES PAGES AS WELL AS ADDENDUM INSTRUCTION PAGES IN THEIR PROPOSAL. IF NO ADDENDA WERE ISSUED BIDDER SHALL STATE “NONE”

ADDENDA NUMBER _________, _________, _________, _________, _________

6.11 Signature

Signature:

Name:

Title:

Date:

Company Name:

State of Incorporation:

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