SRC000480 IFTA Decals.doc

State of North Dakota

INVITATION FOR BID-Term Contract – PRINTING OMB (6/2026)

Solicitation Begin/

Date Issued:

Solicitation End/

Response Deadline:

SUBMISSION INSTRUCTIONS:

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

Offeror must electronically submit a response through the State’s procurement information system (NDBuys) by the Bid Response deadline.

https://public.ndbuys.nd.gov/ DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response 24 hours prior to the Bid Response deadline.

Offeror must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a response due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at ndbuys@nd.gov or 701-328-2740.

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

Visit https://www.omb.nd.gov/doing-business-state/bidders/bidding-opportunities-and-resources for the NDBuys Quick Reference Guides which describe how to submit an electronic response.

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

The maximum file size allowed is 56MB or 56,120 KB per file.

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

Offeror will be able to confirm that a response has been submitted by reviewing the History tab of the solicitation and confirming that response status is submitted. If Offeror DOES NOT see that it has been submitted, the upload was NOT successful. Contact the Procurement Officer or the State Procurement Office at ndbuys@nd.gov or 701-328-2740.

Supplier registration is REQUIRED to submit a response to a solicitation posted in NDBuys. See the following section for assistance with registration.

SUPPLIER REGISTRATION

Individuals or business entities desiring to be notified of bidding opportunities may complete supplier registration to be notified when solicitations are issued on the State’s procurement information system (NDBuys) (N.D.C.C. § 54-44.4-09). Supplier registration 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 supplier.

Individuals or business entities completing Supplier registration must provide contact information for receiving solicitation notices, Tax ID, legal structure, address and phone information. Individuals or business entities must also select the commodity codes to identify categories of goods, services, and information technology.

Visit the OMB website for instructions:

Bidders List Registration Website

For assistance with supplier registration, contact State Procurement Help Desk at 701-328-2740 or ndbuys@nd.gov.

You are invited to participate in this Invitation for Bid. Please submit your bid to the Purchasing Agency in accordance with the response instructions. By submitting a response, the Offeror agrees to fully perform the contract in accordance with all the specifications, terms and conditions, and requirements contained in this solicitation and shall comply with all applicable provisions of the North Dakota Century Code Chapters 54-44.4, 46-02, 44-08 and North Dakota Administrative Code Chapter 4-12, made a part of the solicitation and contract by reference. Written acceptance of the Offeror’s response by the State, by issuance of a purchase order or contract, constitutes a binding contract made and entered into by and between the State of North Dakota, acting through the Purchasing Agency and the Offeror, and the Offeror named below:

Offeror Company Name & Address:

Toll Free Telephone:

Authorized Signature:

Acceptance (For State Use Only) Bid response accepted and contract awarded.

By____________________________________________Title_________________________________

Signature ______________________________________Date ________________________________

Offeror Checklist. Have you remembered to:

· Review all instructions, terms and conditions, and specifications to ensure your bid response complies?

· Prepare your price in the specified unit of measure and required freight terms?

· Indicate whether you can meet the delivery date indicated on the cover sheet?

· Sign your bid response on the cover sheet?

· Initial all changes and corrections?

· Mark the envelope as indicated above, if bid is mailed in or dropped off?

Offeror’s Instructions

1. Addition of Terms and Conditions. Additional terms and conditions submitted with a bid response are of no effect unless accepted in writing by the Purchasing Agency. Bids with any additional terms and conditions may be rejected as non-responsive.

2. Assistance to Offeror with a Disability. Offerors with a disability that need an accommodation must contact the Procurement Officer prior to the deadline for receipt of bids so that reasonable accommodation can be made.

3. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

4. Bid Opening. All bids received by the time and date of the bid opening will be publicly opened by the Purchasing Agency at the location indicated on the cover sheet of this solicitation. Interested parties are invited to attend the bid opening. After the bid opening, all bids received are subject to North Dakota open records laws.

5. Corrections. The Offeror’s authorized representative must initial any corrections (i.e. erasers, whiteouts, correction tape, etc.) made to the bid response. Those bid responses with corrections and alterations that are not initialed are subject to confirmation by the Procurement Officer.

6. Facsimile Bids. Bid responses faxed to the Purchasing Agency will be rejected. Bids may be faxed to a third party who will put it in a sealed envelope and deliver it to the Purchasing Agency before the date and time specified in the solicitation.

7. Late Bids. It is the Offeror’s responsibility to ensure that a bid response is received by the Purchasing Agency prior to the date and time specified for the opening. Late bid responses will be rejected regardless of the degree of lateness or the reason, unless the delay is due to the error of the purchasing agency and discovered before the selection of the successful Offeror.

8. Minor Informalities. The State reserves the right to waive minor informalities in bid responses in accordance with N.D.A.C. § 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the bid document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Offerors.

9. Packaging. All commodities and equipment are to be delivered and packaged strongly and securely according to accepted commercial practices.

10. Prices, Currency. All prices must be in United States currency.

11. Pricing, Unit and Total Prices. The unit price is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail.

12. Protests. An interested party may protest the solicitation within seven days before the bid opening or protest the Notice of Intent to Award or the award within seven days after receiving notice in accordance with N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award.

13. Questions and Clarifications. All questions and requests for clarification must be addressed to the Procurement Officer and received by the deadline specified on the cover sheet or no later than seven days before the opening date. The requirements of this solicitation can only be altered by written amendment of the solicitation. Verbal communications from whatever source are of no effect.

14. Rejection. The State reserves the right to reject any and all bids in whole or in part. Bid responses will be rejected if:

· the bid response is not legible.

· the bid response is not completed as requested.

· the bid response is faxed to the Purchasing Agency.

· the bid response is not responsive to the specifications or other requirements of the solicitation.

· the bid response is received after the time and date specified.

· the Offeror is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04.

15. Signature. The Offeror or the Offeror’s duly authorized agent or representative must provide their printed name, title and sign the bid response.

16. Specifications, Brand Name or Equivalent. Unless otherwise indicated in the detailed specifications of this solicitation, the use of a specific brand name or make/model is for illustrative purposes only, and the State will consider equivalent products. If a commodity or service put forth by a Offeror is rejected as not being equivalent, the Procurement Officer will notify the Offeror of the rejection.

17. Specifications, Compliance. All bid responses must comply with the specifications contained in the Invitation for Bid, and the successful Offeror will be held responsible. Failure to meet specifications is grounds for rejection of the bid response. Offerors who desire to submit commodities or services that deviate from these specifications or have any objections to the specifications stated herein must contact the Procurement Officer by the deadline for questions or at least seven days before the opening, so the Procurement Officer can determine whether the specifications need to be amended.

18. Withdrawal or changes to a bid response prior to the bid opening date and time. Before the bid opening date and time, the Offeror or the Offeror’s authorized representative may withdraw or change a bid response by making a written request to the Procurement Officer.

19. Withdrawals after the bid opening date and time. After the opening, no changes may be made to the bid response. The Offeror may make a written request to withdraw the bid response, subject to approval by the Purchasing Agency. Offerors repeatedly withdrawing bids after the opening date may be removed from the State Supplier list.

GENERAL CONTRACT TERMS AND CONDITIONS

1. Affirmative Action. The contractor will take affirmative action in complying with all Federal and State requirements 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.

2. Applicable Law and Venue. This contract is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this contract must be brought in the District Court of Burleigh County, North Dakota.

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

4. Binding Contract. Written acceptance of a bid response by the Purchasing Agency in the form of a purchase order, notification of award, or contract. Any oral agreement or arrangement between a Offeror and the Purchasing Agency will have no force or effect unless reduced to writing.

5. Compliance with Laws. The contractor 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. Any subletting or subcontracting by the contractor subjects subcontractors to the same provision.

6. Compliance with Public Records Law. The contractor understands that, except for disclosures prohibited under North Dakota open records laws related to confidentiality, N.D.C.C. § 44‑04‑18, the State must disclose to the public upon request any records it receives from contractor. The contractor further understands that any records which are obtained or generated by the contractor under this contract, except for records that are confidential under N.D.C.C. § 44‑04‑18, may, under certain circumstances, be open to the public upon request under the North Dakota open records law. The contractor agrees to contact the State immediately upon receiving a request for information under the open records law and to comply with the State’s instructions on how to respond to the request. Bid responses are exempt records until the time and date of the bid opening.

7. Confidentiality. The contractor agrees not to use or disclose any information it receives from the State under this contract that the State 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 the State. The State agrees not to disclose any information it receives from the contractor that has previously been identified as confidential and which the State determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota open records law, N.D.C.C. § 44‑04‑18. The duty of the State and the contractor to maintain confidentiality of information under this section continues beyond the term of this contract, or any extensions or renewals of it.

8. Contract Amendment. After a binding contract has been entered into, no changes (i.e. substitution of product or a price adjustment) may be made, unless prior written approval has been obtained from the Purchasing Agency.

9. Inspection and investigations. The State reserves the right to conduct inspections and investigations related to the Offeror 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 bid requirements and responsibility of the Offeror.

10. Material and Workmanship. All material and workmanship shall be subject to inspection and testing by the State either at the point of manufacturer, place of storage, or upon receipt.

11. Multiple Bids. Offerors may submit more than one bid in response to this solicitation. Each bid submitted must comply in all aspects with the bid requirements.

12. Payment Terms. Payment will normally be made within thirty days after delivery and acceptance of commodities or services under this contract and receipt of a correct invoice. All invoices and payment inquiries must be directed to the Purchasing Agency.

13. Taxes. The State does not pay sales tax or federal excise tax. The state sales tax exemption number is E-2001. The federal tax-free transaction number is 45-70-0010K. The Purchasing Agency will furnish a tax exempt certificate upon request.

SPECIAL TERMS AND CONDITIONS

1. Award. Award will be made to the responsible Offeror with the lowest priced bid that is responsive to the specifications and all other requirements stated herein. Award will be made as follows:

· All or none.

2. Award – North Dakota Printing Preference. N.D.C.C. § 46-02-15 requires that if practicable, all state, county, and other political subdivision public printing, binding, and blank book manufacturing, blanks and printed stationery must be awarded to a resident North Dakota Offeror as defined in N.D.C.C. § 44-08-02. Also See N.D.A.C. § 4-12-16-01.

· Bids offering printing or binding services by nonresident (out-of-state) printers WILL BE accepted.

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

4. Award – Tie Bid Preference. After applying any reciprocal preference, if a tie occurs between two or more Offerors with equal bid prices or offerors with identical evaluation scores:

· Preference must first be given to bids submitted by North Dakota vendors (ref. N.D.C.C. § 44-08-01.1).

· If a tie remains, preference must be given to approved vendors on the State Supplier List [ref. N.D.C.C. § 54-44.4-09(4)].

· If a tie still remains, award shall be made in accordance with N.D.A.C. § 4-12-11-05.

5. Bid Results. After an award decision is made, bid results will be posted on the State Procurement Office website, NDBuys: https://www.omb.nd.gov/doing-business-state/procurement/ndbuys

6. Contract Period. The contract issued as a result of this solicitation will be for the period 01/01/2027 through 12/31/2027 inclusive, with the option to extend for additional 12 months and/or renew the contract for maximum of two (2) additional, one year periods, upon mutual agreement, as set forth in a written amendment to the contract.

7. Contract Estimated Volume. The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The contractor or contractors will be required to furnish actual requirements upon receipt of an order. This contract will not include items of a similar nature, which must be bought for emergency use.

8. Contract Volume Reports. The contractor must maintain records of sales under the contract and furnish volume of sales information to the Purchasing Agency. The contractor must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within 14 days after the request by the Procurement Officer. The report format will be determined by mutual agreement of the contractor and the procurement officer.

9. Contract Termination

a. Termination for Convenience or by Agreement. STATE may terminate this Contract upon thirty (30) days’ written notice to CONTRACTOR. This Contract may be terminated by consent of both Parties executed in writing.

b. Early Termination in the Public Interest. STATE is entering into this contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority. The State may terminate this contract effective upon delivery of written notice to the contractor, or on any later date stated in the notice, under any of the following conditions:

1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term. The contract may be modified by agreement of the parties in writing to accommodate a reduction in funds.

2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract.

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.

Termination of this contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

d. Termination for Cause. The State by written notice of default to the contractor may terminate the whole or any part of this contract:

1) If the contractor fails to provide services required by this contract within the time specified or any extension agreed to by the State; or

2) If the contractor 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) The rights and remedies of the State provided in the above clause related to defaults by the contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.

e. Termination, Deliveries. If the contract is terminated for any reason, the contractor is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by the Purchasing Agency or Entity

10. Delivery. The contractor shall deliver commodities and services ordered under this contract as follows:

· Delivery must be made within 45 days after the contractor receives an order from the Purchasing Agency or entity by issuance of a purchase order or use of a purchasing card.

If delivery requirements cannot be met within the specified time, the Offeror must notify the Purchasing Agency in writing of the delay and the approximate date delivery may be expected.

11. F.O.B. Point and Freight. Delivery and passage of title under this contract shall be as follows.

· Delivery will be F.O.B. Destination to the location specified on the cover page of the solicitation. The freight is to be included in the price of the products. Title will pass to Purchasing Agency or entity upon delivery to the specified destination.

12. Negatives, artwork or electronic media. When agencies furnish negatives, artwork or electronic media to a Offeror, the Offeror must return them before payment will be made. If changes are made to any of the negatives, artwork or disks, the new, updated negatives, artwork or electronic media must be returned to the agency before payment will be made. Electronic media must be returned in the same platform as furnished and must have the ability to be changed by the agency, if desired. All charges for these changes must be included in the bid price. The State of North Dakota shall retain all rights and privileges.

13. Paper, Recycled. N.D.C.C.§ 54-44.4-08 requires that at least twenty percent of the total volume of paper and paper products purchased for state agencies and institutions contain at least twenty-five (25%) percent recycled material.

14. Quantities. Quantities are for exact counts only. The State of North Dakota will not pay for overruns. Under-runs will not be accepted.

15. Pricing. Pricing under this contract shall be as follows:

Pricing, Firm-Fixed with Adjustment Provisions. The total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request. Pricing shall be firm for the first 180 days of the contract period, after which time the contractor may submit a request for a price increase to the Procurement Officer. Requests for a price increase or decrease must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The State reserves the right to accept or reject, within 30 days, or cancel the contract. The price changes will become effective as set forth in a written amendment to the contract. All shipments are to be billed at prices in effect at the time of the order, not the date the shipment is made.

16. Payment Methods.

a. STATE may make payment using a government credit card. CONTRACTOR shall accept a government credit card without passing the processing fees for the government credit card back to STATE.

b. STATE may make payment using an ACH transfer, wire transfer, or by issuing a check to CONTRACTOR.

1. Service Representative. The contractor must provide a dedicated service representative to provide support for this contract. The contractor shall provide the name and contact information for the service provider. During the contract period, the contractor shall notify the Procurement Officer in the event the contractor’s service representative changes. See Below:

Name Of Service Representative:

Address Of Service Rep:

City & State & Zip Code

Phone Number:

Toll Free Number:

Fax Number:

E-Mail Address:

DETAILED SPECIFICATIONS

IFTA Decals

1. Specifications – Successful bidder will be required to do layout of decal artwork Attachment A. The individual decals must meet all specifications as detailed in Sections A-C (not D) of the attached specifications document labeled as “Attachment A”. Note: The Optional Provisions (Section D) is not a requirement for this solicitation. NOTE: Specifications for Attachment A are as of January 2024 and are for 2021- 2031 IFTA Decals. These specifications may change for additional years, and any changes made after 2028 will be amended for contract renewals.

2. Additional Specifications. In addition to the specifications pursuant to #1 above, the following specifications are required for the IFTA decals produced as a result of this solicitation:

a. Material: 3M Validation Security Sheeting Reflective Film Series 5470, or equivalent. (See Box on last page of this bid.)

b. Layout/Size:

i. A “Set” is defined as a set of two identical decals, each containing the same serial #, on one continuous backing (liner) sheet.

ii. Each decal is 3” x 3”; a set is 6” x 3”.

iii. Layout of copy on both sides of decal to be done by successful bidder and included in the bid price of decals.

iv. The geographic outline specified on page 4 of Attachment A shall be added to the decal and layout shall be the responsibility of the successful bidder and included in the bid price of decals.

c. Proof: Color laser or electronic PDF proofs must be provided by successful bidder.

d. Ink:

i. Decal Side: PMS color for each year is listed in Attachment A. PMS Color for each year must be an exact match.

ii. Liner: 1 color, black (See Attachment B for copy).

e. Numbering: Number, in black ink, in BOLD TYPE, from 00001-up, no less than 3/16” high and positioned between the two-letter jurisdiction designation and the letter “A” of “IFTA”. See sample decal in Section C of the specifications in Attachment A. Decals must be serial numbered consecutively. There can be NO missing numbers.

f. Finishing: Trim set to 6”x 3”, with a kiss cut on the face side, between two decals.

g. Packaging: Uniformly sized cartons should contain 1000 decals. Each carton must be labeled to indicate the product name and serial numbers contained within, e.g. “2028 IFTA Decals/SN 5001 to 6000”.

h. Bid is All or None.

i. Delivery:

i. Deliver to: ND DOT, 608 E. Boulevard Ave., Bismarck, ND 58505

ii. Delivery of orders: Within 45 days after receipt of order.

3. Sample Submission Requirement. Bidders must provide representative samples of the commodity being offered (In one of the colors in the specifications in Attachment A) at no cost to the STATE to ensure compliance with the specification. All samples must be marked to show the Bidder's name, the bid number and title, and the bid item number. Upon request of the Bidder, samples not destroyed by examination or testing will be returned at the expense of the Bidder. If the Bidder does not request return of the sample within 7 days after notice of award, the sample will become property of the STATE (N.D.A.C. § 4-12-08-11).

· Bidders must submit sample to the Mailing/Delivery Address below by the Bid Response Deadline.

· Samples received late may be waived as a minor informality provided the sample is provided within the time limit set by the Procurement Officer.

Steve Lippert

STATE of NORTH DAKOTA

Procurement Officer

600 East Boulevard Ave.

J-Wing Basement

Bismarck, ND 58505

701.328.3346 sjlippert@nd.gov Include unit prices (sets) and total prices in bid response.

BIDDER NAME: _____________________________________________________________

Recycled Content and Total Weight

(Recycled content and weight information is for informational and reporting purposes only. Recycled content and weight are not factors in bid evaluation or award for this solicitation.)

Approximate Total Weight of Liner Paper Used 18,000 quantity:

__________lbs.

Bid Material: □ 3M Validation Security Sheeting Reflective Film, Series 5470

(Check one box)

-OR-

□ Equivalent (see requirements below) * If bidder is bidding the 3M Series 5470 Reflective material, no further information or samples are required.

*If bidder intends to use material other than the 3M Series 5470 Reflective material but equivalent, bidder must provide the following:

-MSDS Sheet for bid material.

-Product specification sheet for bid material that indicates it is equivalent to the 3M 5470Series Reflective material.

-Material sample size of no less than 3”x 6”. (Samples must be provided to State, at no cost to the State.)

Failure to provide adequate evidence that bid material is equivalent to the 3M Series 5470 Reflective material will result in the rejection of the bid.

Bid No: SRC000480-Printing- DOT IFTA Decals Bid Closing Date: November 6, 2026@1:00 pm