RFP+325-25-990-046.docx

STATE OF NORTH DAKOTA

DEPARTMENT OF HEALTH AND HUMAN SERVICES

LIFE SKILLS AND TRANSITION CENTER

816 WEST MIDWAY DRIVE

GRAFTON, ND 58237

Solicitation Number: 325-25-990-046

Solicitation Type: Request for Proposal (RFP)

RFP Title: Consulting Services for Strategic Decommissioning and Site Planning

Issued: June 19, 2025

Purpose of RFP: To procure an offeror to prepare a detailed site plan and land use plan that will guide both the transfer and the reorganization of the retained campus. The successful offeror shall assist with visioning, analysis, and preparation of design and planning documents to facilitate implementation and stakeholder coordination.

Procurement Officer: Phaden Marcellais

TABLE OF CONTENTS

SECTION ONE

Introduction and Instructions

1.03 RFP Schedule

1.04 Assistance to Individual with a Disability

1.05 Secretary of State Registration Requirements

1.06 Bidders List Registration

1.07 Notice Provided

1.08 Pre-Proposal Conference or Site Inspection

1.09 Deadline for Submission of Questions and Objections

1.010 Amendments to the RFP

1.011 Proposal Submission Instructions

1.012 Proposal Receipt Deadline – Late Proposals Rejected

1.013 Proposal Opening

1.014 News Releases

1.015 Attempt to Influence Prohibited

1.016 Collusion Prohibited

1.017 Specifications Prepared by Non-State Personnel

1.018 Supplier Registration (Payee)

SECTION TWO

Scope of Work

2.01 Background Information

2.02 Scope of Work

2.03 Location of Work

2.04 Prior Experience

2.05 Required Licenses

2.06 Federal and State Requirements

SECTION THREE

General Contract Information

3.06 Supplemental Terms and Conditions

3.07 Contract Approval

3.08 Contract Changes – Unanticipated Amendments

3.09 Taxes and Taxpayer Identification Number

3.010 Proposed Payment Procedures

3.011 Contract Personnel

3.012 Right to Inspect Place of Business

3.013 Inspection & Modification – Reimbursement for Unacceptable Services

SECTION FOUR

Proposal Format and Content

4.01 Proposal Format and Content

4.02 Introduction

4.03 Understanding of the Scope of Work

4.04 Management Plan

4.05 Experience and Qualifications

4.06 Optional Services

4.07 Cost Proposal

4.08 Required Enclosures

SECTION FIVE

Award and Proposal Evaluation

5.01 Award

5.02 Responsiveness

5.03 Proposal Evaluation

5.04 Understanding of the Scope of Work

5.05 Management Plan

5.06 Experience and Qualifications

5.07 Optional Services

5.08 Cost Proposal

SECTION SIX

Standard Proposal Information

6.01 STATE Not Responsible for Preparation Costs

6.02 Conflict of Interest

6.03 Offer Held Firm

6.04 Amendments to Proposals and Withdrawal of Proposals

6.05 Alternate Proposals

6.06 Subcontractors

6.07 Joint Ventures

6.08 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Laws

6.09 Right of Rejection

6.010 Clarification of Proposals - Discussions

6.011 Best and Final Offers

6.012 Preference Laws

6.013 Negotiations

6.014 Notice of Intent to Award – Offeror Notification of Selection

6.015 Protest and Appeal

ATTACHMENTS

Attachment A – LSTC Campus Information Attachment B – Sample Purchase of Service Agreement Attachment C – Cost Proposal Attachment D – Evaluation Tool

SECTION ONE

INTRODUCTION AND INSTRUCTIONS

1.01 Purpose of the RFP

The state of North Dakota, acting through its Department of Health and Human Services, Life Skills and Transition Center (STATE) owns and operates approximately 40 acres of developed land in the city of Grafton, North Dakota, comprising of multiple buildings and infrastructure elements. STATE intends to strategically decommission and transfer a portion of this property, including both land and associated buildings, to a local economic development entity. This initiative is intended to promote regional development, while optimizing STATE’s retained campus for future use.

To support this transition, STATE seeks to procure a qualified planning and design consultant to prepare a detailed site plan and land use plan that will guide both the transfer and the reorganization of the retained campus. The successful offeror shall assist with visioning, analysis, and preparation of design and planning documents to facilitate implementation and stakeholder coordination.

1.02 Procurement Officer Contact Information

The procurement officer is the point of contact for this RFP. All communication regarding this RFP must be directed to the procurement officer (the preferred method of communication is e-mail). Please do not add the procurement officer to any marketing distribution lists.

Procurement Officer: Phaden Marcellais E-Mail: pmarcellais@nd.gov Phone: 701-328-1379 TTY Users Call: 7-1-1

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible procurement officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

1.03 RFP Schedule

This schedule of events represents STATE’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 by the same number of days. The estimated RFP Schedule is as follows:

1.04 Assistance to Individual with a Disability

Contact the procurement officer, as soon as possible, if an individual with a disability needs assistance with this RFP, including any events in the RFP Schedule, so reasonable accommodations can be made.

1.05 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.

1.06 Bidders List Registration

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

The commodity codes used for this solicitation are: 906 – 29, 44, 46, 56, 57, 64, 66, 72, 92; 907 – 40, 42; and 925 – 17, 36, 37, 49, 55, 61

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.

1.07 Notice Provided

This RFP, and any related amendments and notices, will be posted on North Dakota’s OMB’s 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 (see Deadline for Receipt of Proposals date in Section 1.03 RFP Schedule).

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.

This RFP will also be posted on the North Dakota Department of Health and Human Services website: Solicitation Notice | Health and Human Services North Dakota

1.08 Pre-Proposal Conference or Site Inspection

No pre-proposal conference or site inspection will be held for this RFP.

1.09 Deadline for Submission of Questions and Objections

Offerors should carefully review this 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. 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 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.

1.10 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 its proposal any required acknowledgements of amendments to the RFP.

1.11 Proposal Submission Instructions

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

Offerors must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Deadline for Receipt of Proposals.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. It is recommended that proposals be uploaded 24 hours prior to the Deadline for Receipt of Proposals.

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

If documents are in the process of being uploaded when the Deadline for Receipt of Proposals 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 Deadline for Receipt of Proposals 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 50mb per file.

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

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

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

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

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

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

1.12 Proposal Receipt Deadline – Late Proposals Rejected

An offeror is responsible for ensuring its proposal is received by STATE prior to the Deadline for Receipt of Proposals identified in Section 1.03 RFP Schedule. A Solicitation Amendment will be issued if this deadline is changed. An offeror may contact the procurement officer to inquire whether its proposal has been received. Offerors assume the risk of the method of dispatch chosen. STATE assumes no responsibility for delays caused by any delivery service. Postmarking by the Deadline for Receipt of Proposals shall not substitute for actual proposal receipt by STATE. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.13 Proposal Opening

This is a formal sealed RFP process. Proposals will be secured and held unopened until the Deadline for Receipt of Proposals. A public opening will not be held.

1.14 News Releases

An offeror shall not make any news releases related to this RFP without prior approval of the procurement officer.

1.15 Attempt to Influence Prohibited

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

1.16 Collusion Prohibited

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

1.17 Specifications Prepared by Non-State Personnel

When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the STATE, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

1.18 Supplier Registration (Payee)

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

SECTION TWO

SCOPE OF WORK

2.01 Background Information

STATE is soliciting proposals for an offeror to prepare a detailed site plan and land use plan that will guide both the transfer and the reorganization of the retained campus. The successful offeror shall assist with visioning, analysis, and preparation of design and planning documents to facilitate implementation and stakeholder coordination.

STATE operates the Life Skills and Transition Center (LSTC), which provides crisis and stabilization services to youth and adults with developmental disabilities. LSTC offers both residential and non-residential services. The residential services offer an Intermediate Care Facility (ICF) level of care at the current LSTC campus, located in Grafton, North Dakota. The campus includes 23 buildings (417,000 square feet) and is traversed by 800,000 square feet of underground steam tunnels.

The LSTC campus was initially established in 1902. Its operation is enshrined in the North Dakota Constitution. The services delivered by LSTC have evolved over the last 125 years and today do not require as large a physical footprint as in the past. Maintaining a large physical footprint incurs significant costs, including maintenance, utilities, and staffing. By strategically reducing the LSTC footprint, STATE can enhance resource efficiency, ultimately leading to better outcomes for the people served.

STATE will provide to the successful offeror extensive information that currently exists regarding building inventory and condition, on-site utility infrastructure, as well as current building utilization. Attachment A, LSTC Campus Information, is attached alongside this RFP for more detailed information regarding the LSTC campus.

2.02 Scope of Work

The scope of work is intended to describe specific expectations and services that the successful offeror will be responsible for completing once awarded.

A. An offeror must provide a detailed response for each of the following Base Services deliverables:

1. Site Assessment & Data Gathering

a. Review existing documentation, plans, previous assessments (if available), maps, utility infrastructure, and facility inventories to better understand the buildings’ history and condition.

b. Conduct site and building visits to conduct a thorough visual evaluation of current conditions of buildings (interior and exterior), infrastructure, circulation patterns, and land use interfaces.

c. Repairs and Replacement: provide specific commentary on any necessary repairs, replacement, or restoration of the existing site and building, including identification of issues that may require more intensive evaluations and analysis.

d. Meet with STATE staff and key stakeholders to understand vision, goals, and constraints.

2. Property Subdivision Strategy

a. Develop and evaluate options for how the 40-acre site can be logically and efficiently divided.

b. Recommend a preferred boundary for the portion to be decommissioned and transferred.

c. Address legal, access, and utility implications of the subdivision.

3. Site Planning & Concept Design

a. Prepare a conceptual site plan that includes:

i. Ingress and egress points for both the retained campus and the transfer parcel.

ii. Internal vehicle and pedestrian circulation patterns.

iii. Buffers and transitions between land uses (e.g., agency operations vs. new development).

iv. Orientation of remaining campus buildings toward a new consolidated entrance.

v. Opportunities for shared infrastructure or coordinated development between parcels.

4. Coordination with Local Entities

a. Collaborate with the local economic development entity(ies) to ensure alignment of the site plan with their development goals and constraints.

b. Incorporate feedback from the local jurisdiction, as appropriate (e.g., planning/zoning staff).

5. Project Management

a. Regular project check-ins with STATE staff (biweekly or as agreed).

b. Preparation of meeting materials and summaries.

c. Final presentation to STATE leadership and stakeholders.

B. The following documents/artifacts must be provided by the successful offeror to complete Base Services deliverables as described above. An offeror must confirm they will provide each of the following documents/artifacts within their proposal:

1. Existing conditions analysis memo and site photos.

2. Up to three initial site plan concepts for review.

3. One refined preferred site plan, incorporating STATE and stakeholder feedback.

4. Final site and land use plan document, including:

a. Narrative overview.

b. Annotated maps and diagrams.

c. Recommendations for implementation phasing, if applicable.

C. In addition to the Base Services, STATE may elect to include one or more of the following Optional Services as part of the successful offeror’s contract. These services are intended to provide a more comprehensive understanding of the implications of property decommissioning and campus reconfiguration. An offeror must provide a response for each of the following Optional Services:

1. Optional Service A: Building Assessments for Decommissioning.

The successful offeror shall coordinate and/or conduct physical and functional assessments of selected buildings proposed for decommissioning and transfer. Tasks shall include:

a. Site visits and facility condition assessments.

b. Basic evaluations of structural integrity, mechanical systems, code compliance, and general maintenance status.

c. Engage with STATE staff to understand utilization of spaces in conjunction with performing functional assessments based on current and potential future uses.

d. Identification of deficiencies or constraints that may affect redevelopment or transfer.

e. Prioritization of buildings by condition and strategic importance.

Buildings subject to assessment may include a fitness center, several general office buildings, and buildings used for facility maintenance and operations.

Deliverables:

· Individual building assessment memos or summary matrix.

· Photographic documentation.

· Recommendations for short-term stabilization or improvements (if applicable).

2. Optional Service B: Decentralized Utility Strategy Analysis The successful offeror shall evaluate the feasibility and implications of transitioning from the existing centralized underground steam pipe heating system and cooling system to a decentralized heating and cooling approach for the retained campus buildings. Tasks shall include:

a. Review of existing utility layouts and system performance.

b. Interviews with facilities staff and review of maintenance records.

c. Assessment of decentralized options (e.g., air-source heat pumps, packaged rooftop units, VRF systems).

d. High-level cost comparison of maintaining vs. replacing the central system.

e. Consideration of phasing, building compatibility, and utility routing.

Deliverables:

· Technical memo summarizing findings, opportunities, and constraints.

· Conceptual utility plan showing proposed system zones or equipment locations.

· Recommendations for next steps, including required engineering or capital planning.

3. Optional Service C: Replacement Maintenance/Laundry Facility The successful offeror shall support the planning and conceptual siting of a replacement facility for vehicle maintenance and laundry services, which are currently housed in a building located within the area expected to be transferred to the local economic development entity. As these functions are essential to STATE’s ongoing operations, a new facility must be incorporated into the consolidated campus footprint. Tasks shall include:

a. Identify potential locations within the retained portion of the property for a new vehicle maintenance and laundry facility.

b. Develop basic space needs and functional adjacency requirements in consultation with agency staff.

c. Integrate utility access, circulation needs, and zoning/buffering considerations into the conceptual site plan.

Deliverables:

· Conceptual site layout showing recommended location(s) for the new facility.

· Summary memo outlining assumptions, siting rationale, and any implications for campus circulation or land use.

STATE will become the sole owner of all materials that are developed, branded, and produced under this RFP.

2.03 Location of Work

STATE will not provide workspace for the successful offeror. The successful offeror shall provide office space, supplies, telecommunication equipment, computer, and any necessary software or other supplies to carry out the scope of work.

2.04 Prior Experience

Successful offeror must demonstrate experience in:

· Public-sector site planning or campus planning.

· Land use planning and zoning analysis.

· Circulation and access design.

· Stakeholder coordination and intergovernmental collaboration.

Offeror shall include information regarding the prior experience for any subcontractors or suppliers. Submit a list of previous and current public sector projects whose scope of work is considered similar to the scope of work included in this RFP.

An offeror shall include its experience, as well as any of its subcontractors or suppliers, in the introductory section of its proposal. A proposal that does not identify its prior experience may cause the STATE to consider the proposal non-responsive and the STATE may reject the proposal.

2.05 Required Licenses

By the Deadline for Receipt of Proposals, an offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of a contract entered as a result of this RFP. An offeror who does not possess required licenses at the time proposals are due will be determined non-responsive.

2.06 Federal and State Requirements

An offeror shall identify all known federal and state requirements that apply to the proposal, the evaluation, or the contract to be entered as a result of this RFP.

SECTION THREE

GENERAL CONTRACT INFORMATION

3.01 Contract Term, Extension, and Renewal Options

STATE intends to enter a contract effective August 18, 2025, through November 30, 2025.

STATE may extend the contract period for an additional period of time, not to exceed 12 months, beyond the normal expiration date of the contract, upon mutual written agreement by both parties.

The contract resulting from this RFP may be renewed upon satisfactory completion of the initial contract term. STATE reserves the right to renew the contract for up to two additional periods, each period of renewal being for 24 months, upon written agreement by both parties. The contract will not automatically renew. STATE will provide written notice to the successful offeror of its intent to renew this contract at least 30 days before the contract’s expiration date. The estimated dollar amount for renewal options is dependent upon legislative appropriation. STATE and successful offer may adjust the costs for each renewal period.

3.02 Contract Type

A contract resulting from this RFP is a Firm Fixed Price. Successful offeror will be required to hold the price firm for the contract period, except as otherwise provided in the contract.

3.03 Standard Contract Provisions

The successful offeror will be sent a contract to sign and return to STATE. The successful offeror shall comply with the contract provisions set out in the “Sample Purchase of Service Agreement” document, attached as Attachment B, and made a part of this RFP. An offeror may state any objections or propose changes or additions to the Sample Purchase of Service Agreement. Describe the changes to the contract being proposed or provide a red-line of STATE’s Sample Purchase of Service Agreement. Offerors are not to submit their own contract or standard terms and conditions with their proposals. Offerors should address the specific language in the attached Sample Purchase of Service Agreement and submit any proposed changes with an offeror’s proposal.

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 STATE.

3.04 Proposal as a Part of the Contract

Part or all of this RFP and the successful offeror’s proposal may be incorporated into any contract resulting from this RFP.

3.05 Additional Terms and Conditions

STATE 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.

3.06 Supplemental Terms and Conditions

A proposal that includes supplemental terms and conditions may be accepted, but acceptance of the proposal does not constitute acceptance of supplemental terms and conditions that conflict with those contained in this RFP or that diminish STATE's rights under any contract resulting from the RFP. STATE reserves the right to consider these types of terms and conditions null and void. STATE is not responsible for identifying conflicting supplemental terms and conditions before issuing a contract award. After award of contract:

A) if conflict arises between a supplemental term or condition included by the offeror in its proposal and a term or condition of the RFP, the offeror agrees that the term or condition of the RFP will prevail; and B) if the result of the application of a supplemental term or condition included in the proposal would diminish STATE's rights, the supplemental term or condition will be considered null and void.

3.07 Contract Approval

This RFP, by itself, does not obligate STATE. STATE’s obligation will commence when it signs the contract but not earlier than the contract start date. Upon written notice to the successful offeror, STATE may set a starting date for a contract resulting from this RFP, which is different from the Contract Start Date set out in Section 1.03 RFP Schedule and Section 3.01 Contract Term, Extension, and Renewal Options. STATE is not responsible for reimbursing the successful offeror for any work, even work done in good faith, if the work occurs prior to the contract start date set by STATE.

3.08 Contract Changes – Unanticipated Amendments

During the course of a contract resulting from this RFP, the successful offeror 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, STATE shall provide the successful offeror a written description of the additional work and request the successful offeror to submit a proposal for accomplishing the additional work. The successful offeror shall not begin the additional work until STATE has approved the additional work and signed a written contract amendment.

3.09 Taxes and Taxpayer Identification Number

The successful offeror shall provide STATE with a valid Vendor Taxpayer Identification Number as a provision of the contract resulting from this RFP.

STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. STATE’s sales tax exemption number is E-2001, and STATE will furnish certificates upon request. The state tax exemption number should not be used by the successful offeror in the performance of the contract resulting from this RFP.

STATE will determine if services provided under the contract resulting from this RFP are 1099 reportable. STATE may require the successful offeror to submit an IRS Form W-9.

A vendor 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 vendor 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 its website at https://www.nd.gov/tax/tax-resources/ for more information.

A vendor 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 vendor. In the case of employees performing the services in the state, the vendor 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 website for more information.

3.10 Proposed Payment Procedures

STATE will issue payment within 30 days after receipt of the request for reimbursement and required reporting, except that no payment will be made until the reimbursement and reporting have been approved by STATE.

STATE will not make any advance payments before performance of services by the successful offeror under a contract resulting from this RFP.

3.11 Contract Personnel

STATE must approve any change of the successful offeror’s project team members named in the proposal, in advance and in writing. Personnel changes that are not approved by STATE may be grounds for STATE to terminate the contract.

3.12 Right to Inspect Place of Business

At reasonable times, STATE may inspect those areas of the successful offeror’s place of business which are related to the performance of a contract resulting from this RFP. If STATE makes an inspection, the successful offeror must provide reasonable assistance.

3.13 Inspection & Modification – Reimbursement for Unacceptable Services

The successful offeror is responsible for the completion of all work set out in a contract resulting from of this RFP. All work is subject to inspection, evaluation, and approval by STATE. STATE may employ all reasonable means to ensure that the work is progressing and being performed in compliance with a contract resulting from this RFP.

If STATE determines that corrections or modifications are necessary for performance of a contract resulting from this RFP, STATE may direct the successful offeror to make changes. The successful offeror will not unreasonably withhold changes.

Substantial failure of the successful offeror to perform a contract resulting from this RFP may cause STATE to terminate a contract. If STATE terminates a contract resulting from this RFP because the successful offeror fails to perform the contract, STATE may require the successful offeror to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

SECTION FOUR

PROPOSAL FORMAT AND CONTENT

4.01 Proposal Format and Content

STATE discourages overly lengthy proposals. For STATE to evaluate proposals fairly and completely, offeror shall follow the format set out in this RFP and provide all information requested. If an offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a technical proposal and a cost proposal prepared in accordance with these instructions. The technical proposal and cost proposal must be submitted as separate documents, clearly labeled with the name of the offeror and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the technical proposal.

4.02 Introduction

Proposals must include the complete name and address of offeror’s firm and the name, email address, mailing address, and telephone number of the person STATE should contact regarding the proposal.

An offeror shall describe its experience in public-sector site planning or campus planning, land use planning and zoning analysis, circulation and access design, and stakeholder coordination and intergovernmental collaboration. Offeror shall also include the experience for any of its subcontractors or suppliers. A proposal that does not identify its prior experience may cause the STATE to consider the proposal non-responsive and the STATE may reject the proposal.

Offerors are instructed to review Section 6.02 Conflict of Interest. If the firm, its employees, or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees, and subcontractors do not have a conflict of interest.

Offerors are instructed to review Section 6.08 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Law. An offeror shall 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 proposals.

Proposals must confirm that the offeror will comply with all provisions in this RFP. Proposals must be signed by an individual with authority to bind the offeror. By signing the cover letter, an offeror certifies that it complies with:

If an offeror fails to comply with this paragraph, STATE reserves the right to reject the proposal. If the offeror who is awarded the contract resulting from this RFP fails to comply with this paragraph, STATE also reserves the right to terminate the contract or consider the successful offeror in default.

4.03 Understanding of the Scope of Work

An offeror must describe their project approach by providing comprehensive narrative statements that illustrate their understanding of the requirements of Section 2.02 Scope of Work of this RFP, as well as the state and federal law.

An offeror shall define their proposed strategy to carry out the requirements of Section 2.02.

An offeror shall provide a detailed plan that will be sufficient to accomplish the requirements of this RFP.

An offeror must confirm they will provide each of the following documents/artifacts within their proposal:

1. Existing conditions analysis memo and site photos.

2. Up to three initial site plan concepts for review.

3. One refined preferred site plan, incorporating STATE and stakeholder feedback.

4. Final site and land use plan document, including:

a. Narrative overview.

b. Annotated maps and diagrams.

c. Recommendations for implementation phasing, if applicable.

An offeror shall identify any pertinent issues and potential problems related to the work to be completed and solutions.

4.04 Management Plan

An offeror shall provide a comprehensive work plan and timeline that set out the management plan it intends to follow and illustrate how the plan will be successfully implemented. The timeline should include milestones with estimated dates.

An offeror shall include an organizational chart which describes the offeror’s organization and illustrates lines of authority and communication and designates the individual responsible and accountable for assuring the services are provided according to the offeror’s proposal and STATE’s requirements. If the offeror plans to use external sources, such as consultants, this should be included in the plan as well. An offeror shall identify, by name and title, the offeror’s staff who will be involved in carrying out this project.

An offeror shall disclose any instances where the firm or any individuals working on the contract resulting from this RFP have a possible conflict of interest and, if so, the nature of that conflict (e.g. employed by the state of North Dakota).

4.05 Experience and Qualifications

An offeror shall provide a brief history and describe the organization of the firm, including the number of years the offeror has provided the type of work requested in this RFP.

An offeror shall submit two letters of reference which must demonstrate the offeror's capacity to provide services like those being purchased through this RFP. Offerors must include the name of a contact person, address, email, and telephone number. STATE may contact references provided for verification and to obtain additional information. Evaluation may be impacted if STATE is unable to contact the reference or the reference does not timely provide the requested information.

An offeror shall describe the type of work each of the offeror’s staff will perform in carrying out this project, describe relevant credentials and experience of each staff member, and provide a resume for each.

4.06 Optional Services

An offeror shall describe the optional services that illustrate their understanding of the requirements of Section 2.02 Scope of Work of this RFP, as well as the state and federal law.

An offeror shall define their proposed strategy to carry out the requirements of the optional services.

An offeror shall provide a detailed plan that will be sufficient to accomplish the requirements of the optional services.

An offeror shall provide a description of the firm’s experience and qualifications related to the successful delivery of the optional services.

An offeror shall identify any pertinent issues and potential problems related to the optional services work to be completed and provide solutions.

4.07 Cost Proposal

An offeror shall provide a cost proposal that follows the same format of the “Cost Proposal” document, attached as Attachment C, and made a part of this RFP.

The Cost Proposal must consider STATE’s standard terms and conditions included in this RFP. Offeror must state all associated costs in U.S. currency.

A cost proposal that does not follow the format in Attachment C may be considered nonresponsive and may be rejected.

4.08 Required Enclosures

An offeror’s failure to provide all documents and information specifically required in this RFP or an offeror’s failure to sign the documents as required, may cause the proposal to be considered nonresponsive and may be rejected.

SECTION FIVE

AWARD AND PROPOSAL EVALUATION

5.01 Award

STATE intends to award a contract to the responsible offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be most advantageous in consideration of the RFP evaluation criteria.

5.02 Responsiveness

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

5.03 Proposal Evaluation

The Evaluation Tool, which is attached as Attachment D, will be the scoring tool used to score proposals. The total number of points used to score this proposal is 100 points. The technical proposal evaluation criterion scores and cost proposal evaluation score will be added together to determine the total evaluation score. The final evaluation score may consider information received by STATE, including, but not limited to, discussions with offerors, reference checks, and best and final offers.

5.04 Understanding of the Scope of Work

Twenty-five (25) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) How well does the offeror describe their project approach in their comprehensive narrative statements and does it illustrate their understanding of the requirements of Section 2.02 Scope of Work of this RFP, as well as any applicable state and federal law?

B) How well did the offeror define their proposed strategy to carry out the requirements of Section 2.02?

C) Has the offeror provided a detailed plan and will the plan be sufficient to accomplish the requirements of this RFP?

D) Did the offeror confirm they will provide each of the following documents/artifacts within their proposal:

1. Existing conditions analysis memo and site photos.

2. Up to three initial site plan concepts for review.

3. One refined preferred site plan, incorporating STATE and stakeholder feedback.

4. Final site and land use plan document, including:

a. Narrative overview.

b. Annotated maps and diagrams.

c. Recommendations for implementation phase, if applicable.

E) If the offeror identified any pertinent issues and potential problems related to the work to be completed, how well do they provide solutions?

5.05 Management Plan

Fifteen (15) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) How well did the offeror provide a comprehensive work plan and timeline that set out the management plan it intends to follow and illustrate how the plan will be successfully implemented? Did the timeline include milestones with estimated dates?

B) Did the offeror include an organizational chart and, if so, did the chart describe the offeror’s organization and illustrate lines of authority and communication and designate the individual(s) responsible and accountable for assuring the services are provided according to the offeror’s proposal and STATE’s requirements? Did the offeror identify, by name and title, the offeror’s staff who will be involved in carrying out this project, including any external sources, such as consultants?

C) Has the offeror disclosed any instances where the firm or any individuals working on the contract resulting from the RFP has a possible conflict of interest, and, if so, the nature of that conflict (e.g. employed by state of North Dakota)?

5.06 Experience and Qualifications

Thirty-five (35) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) Did the offeror provide a brief history and describe the organization of the firm, including the number of years the offeror has provided the type of work requested in this RFP?

B) Did the offeror submit two letters of reference that demonstrate the offeror's capacity to provide the services sought in this RFP?

C) How well did the offeror describe the type of work each of the offeror’s staff will perform in carrying out this project, describe relevant credentials and experience of each staff member, and provide a resume for each?

5.07 Optional Services

Ten (10) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) How well does the offeror’s description of the optional services illustrate their understanding of the requirements of Section 2.02 Scope of Work of this RFP, as well as any applicable state and federal law?

B) How well did the offeror define their proposed strategy to carry out the requirements of the optional services?

C) Has the offeror provided a detailed plan and will the plan be sufficient to accomplish the requirements of the optional services?

D) Did the offeror provide a description of the firm’s experience and qualifications related to the successful delivery of optional services?

E) If the offeror identified any pertinent issues and potential problems related to the optional services, how well do they provide solutions?

5.08 Cost Proposal

Fifteen (15) of the total possible evaluation points will be assigned to cost.

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

The proposal with the lowest total cost for base services will receive the maximum number of points allocated. The point allocations for cost on the other proposals will be evaluated and determined as follows:

· Lowest Total Cost for Base Services Cost being rated X Total Points for Cost Available = Awarded Points

In the event, N.D.C.C. § 54-44.4-05.1 requires that if two or more proposals contain identical pricing or receive identical evaluation scores, 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.

For a listing of state preference laws, visit the following website:

· North Dakota State Procurement Office Website: North Dakota Purchasing Preferences (nd.gov) For assistance contact: 701-328-2683 or infospo@nd.gov

SECTION SIX

STANDARD PROPOSAL INFORMATION

6.01 STATE Not Responsible for Preparation Costs

STATE will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any proposal.

6.02 Conflict of Interest

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or officials knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm.