VCSU-2025-0000.pdf

Facilities Services

101 College Street SW Valley City, ND 58072 701 845 7705 800 532 8641 x7705 fax 701 845 7707 facility.services@vcsu.edu www.vcsu.edu

To: Offerors

From: Jessica Gortmaker Facilities Services

Date: 1/13/2025

RE: Request for Bid: VCSU-2025-0000 McCoy 2nd Floor Ceiling Tile & Grid Replacement Student Center Ceiling Tile Replacement – Phase II Due: January 31, 2025, at 10:00am

Valley City State University is requesting bids to provide all supervision, labor, material, equipment, tools, services, etc.

to complete all work associated with the replacement of the ceiling tile & grid on the 1st (partial) and 2nd floors of McCoy Hall AND the first floor (partial) of the Student Center.

The bid will be based on Price, Quality of Product, Ability to Meet Specifications and VCSU’s Schedule, and Past Performance. Work to be completed between May 2025 and August 2025.

Please review the complete bid instructions, specifications, terms, conditions, and the VCSU Service Contract.

Bids may be emailed, delivered or mailed. Bids must be marked “VCSU-2025-0000: Ceiling Tile & Grid Replacement Projects” and received at the Office of Facilities Services before the due date and time.

Please read the enclosed insurance and indemnity requirements in the VCSU Service Contract that is included with the RFP information. Only the Offeror(s) awarded the work will be required to sign a service contract and provide proof of insurance, AFTER the RFP is awarded and before any work can be done.

The location of the bid receipts will be at the Facilities Services Office, Valley City State University, 101 College St SW, Valley City ND 58072.

If you have any questions concerning this bid, please email Procurement Officer at procurement office email address.

Failure to comply with instructions, and terms and conditions could disqualify your bid.

Thank you for your anticipated response to the bid.

Procurement Request for Bid Reviewed 6/2022

REQUEST FOR BID

Valley City State University

Procurement Request for Bid Reviewed 6/2022

INVITATION FOR BID

Bid Number(s):

VCSU-2025-0000

Bid Title:

VCSU Ceiling Tile & Grid Replacement Projects

Date Issued:

1/13/2025

Procurement Officer:

Jessica Gortmaker

Deadline for Questions:

1/24/2025

Telephone:

701-845-7710

Bid Closing Date and Time (Bid Opening):

January 31, 2025, at 10:00am

E-mail:

jessica.gortmaker@vcsu.edu

Installation Date: 5/19-2025-8/1/2025 Delivery location F.O.B. (Destination):

355 Viking Drive/230 Viking Drive Valley City ND 58072

You are invited to participate in this Invitation for Bid. Please submit your bid response in conformance with the instructions specified herein.

By submitting a bid response, the bidder agrees and promises to sell, furnish, and deliver to Valley City State University (VCSU) all commodities and services contained in this Invitation for Bid for which a contract is awarded by VCSU. The bidder will fully perform the contract in accordance with all specifications, terms and conditions, and requirements contained in the Invitation for Bid and will comply with all applicable provisions of the North Dakota Century Code Chapters 54-44.4, 46-02, and 44-08, made a part of the Invitation for Bid and contract by reference.

Written acceptance of the bidder's bid response by VCSU, by issuance of a purchase order or contract, constitutes a binding contract made and entered into by and between VCSU and the bidder named below:

Bidder Company Name:

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Street Address:

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P.O. Box:

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City:

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State:

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Zip Code:

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Toll Free Telephone:

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Telephone:

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Fax:

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Federal I.D. or Social Security No.:

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E-Mail:

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Type of Business:

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If Corporation, State of Corporation:

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Type or Print Name of Person Signing:

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Title:

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Authorized Signature:

Procurement Request for Bid Reviewed 6/2022

Bid Submission Instructions

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response Deadline. The Procurement Officer may elect to respond to questions received after the deadline.

SUBMISSION INSTRUCTIONS

Responses may be submitted using one (1) of the delivery methods listed below. Responses must be received by the Purchasing Agency by the Closing Deadline. Vendors assume the risk of the delivery method selected.

Late responses will be rejected.

Mailing/Delivery Address: Submit response to the address listed to the right. Contact the Procurement Officer to confirm receipt.

Number: VCSU-2025-0000 Closing Deadline: January 31, 2025, at 10:00am Purchasing Agency: VALLEY CITY STATE UNIVERSITY Address: 101 COLLEGE ST SW City, State, Zip Code: VALLEY CITY, ND 58072

Emailed Responses Allowed: YES – submit to procurement office listed above.

Bid responses received after the date and time specified on the cover sheet of this Invitation for Bid will be rejected.

Bidder 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, F.O.B. Destination, Freight Prepaid to the delivery location listed on the cover sheet?

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?

Submit any required samples or enclosures, if applicable?

Procurement

Bidder’s Instructions

1. 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 determining 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)

a. 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.

2. Bidders List. 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: 90924, 90927, 91427, Visit the OMB website for instructions and the Online Bidder 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.

3. Definitions.

• Bidder: any person or firm submitting a competitive bid in response to a solicitation.

• Bid Results: summary of all bid responses received and the awarded results.

• Bid Response: the executed document submitted by a bidder in response to a solicitation.

• Contractor: any person or firm having a contract with a governmental body.

• Solicitation: the process of notifying prospective bidders that VCSU wishes to receive bids for furnished goods and services.

4. Submission instructions. Bids may be delivered or mailed. Bids must be marked “VCSU-2023-0021-H, McCoy 1st Floor Ceiling Tile & Grid Replacement ” and received at the Office of Facilities Services before the due date and time. The location of the bid receipts will be at the Facilities Services Office, Valley City State University, 101 College St SW, Valley City ND 58072.

5. Additional Terms. 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.

6. Assistance to Bidders with a Disability. Bidders with a disability that needs an accommodation must contact the

Procurement Officer prior to the deadline for receipt of bids so that reasonable accommodation can be made.

https://www.omb.nd.gov/doing-business-state/procurement/bidders-list-registration-and-maintenance

Reviewed 6/2022

7. Contact Person. Purchasing Officer, Jessica Gortmaker, jessica.gortmaker@vcsu.edu. 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.

8. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 90 days, unless otherwise specified by the Procurement Officer in writing.

9. Bid Opening. All bids received by the time and date of the bid opening will be publicly opened by the Procurement Officer at the location indicated under the mailing instructions of this solicitation.

10. Bid Results. Bidders desiring a copy of the bid results may contact the Procurement Office.

11. Multiple Bids. Bidders may submit more than one bid in response to this solicitation. Each bid must be submitted separately and must comply in all aspects with the bid requirements and these instructions.

12. Addenda. Any addenda issued during bidding time shall be included in the bid response and will be a part of the contract.

13. New Equipment, Used Equipment, Refurbished Equipment and Materials Certification. 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 by a NRTL. All costs associated with required listing will be included in the bid price. Each piece of equipment or assembly of equipment offered in the response to this bid will be either listed and labeled or certified and labeled prior to shipment by the successful bidder.

14. Open Records Request. Bid responses are exempt records until the date and time of the Bid Response opening.

After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws. Interested parties may contact the Procurement Officer to request information related to this solicitation.

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

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

17. 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.

18. Questions and Clarifications. All questions and requests for clarification regarding this solicitation must be addressed to the Procurement Officer referenced on the cover sheet of this document. The requirements of this solicitation can only be altered by written amendment of the solicitation. Verbal communications from whatever source are of no effect. Questions must be received by the deadline specified on the cover sheet to allow the Procurement Officer to issue any needed amendments in sufficient time before the bid opening date.

18. Review of the Bids. After the bid opening, bids become subject to North Dakota open records laws. Interested parties may request public information and make arrangements to review the bid file by contacting the Purchasing Officer during normal working hours, between 7:30am and 4:00pm, Monday through Friday, excluding holidays.

19. Signature. The bidder submitting the bid response or that bidder’s duly authorized agent or representative must sign the bid response manually in ink. The name and title of the person signing the bid response must be typed or printed below the signature.

20. 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 VCSU will mailto:jessica.gortmaker@vcsu.edu

Reviewed 6/2022 consider equivalent products. If an alternate brand offered by a Bidder is rejected as not being equivalent, the Procurement Officer must send a rejection notice, including the reason for rejection.

21. Specifications, Compliance. All bids submitted in response to this Invitation for Bid must comply with the specifications contained herein, and the successful bidder will be held responsible. Noncompliance with specifications is grounds for rejection of the bid response. Bidders 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 in writing as soon as possible, so the Procurement Officer can determine whether the specifications need to be amended.

22. Specifications Prepared by Non-State Personnel. When a purchasing agency has specifications prepared by someone other that 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.

23. Supplier Registration (Payee). The successful bidder will be required to complete Vendor Registration, if not already registered as a Vendor. Any individual or business who will be receiving payment from VCSU 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.

24. Taxes. VCSU is not responsible for and will not pay local, state, or federal taxes. VCSU sales tax exemption number is E-5414. VCSU will furnish certificates of exemption upon request by the Contractor.

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

26. Withdrawals after the bid opening date and time. After the opening, no changes may be made to the bid response.

The bidder may make a written request to withdraw the bid response, subject to approval by the Procurement Officer. Bidders repeatedly withdrawing bids after the opening date may be removed from the State bidders list.

27. Notification of Award of Contract/Purchase Order. This contract or purchase order will be awarded to the responsible Bidder whose bid, conforming to the invitation for bids; will be most advantageous to Valley City State University. Price, training options, warranty, past performance, and other factors will be considered. Assigned purchase order or contract furnished to the successful Bidder results in a binding contract without further action by either party. Suppliers not in attendance of the bid opening and wishing to know the results can view them on the ND State Procurement Office website, email procurement officer email address or include with their bid, a sheet with a request to be notified. The sheet should list the contractor’s contact person, phone, and email address.

28. Clarification of Bid. In order to determine if a bid is reasonably susceptible for award, communication by the

Purchasing Officer are permitted with a Bidder to clarify uncertainties or eliminate confusion concerning the contents of a bid and determine responsiveness to the ITB requirements. Clarifications may not result in a material or substantial change to the bid response.

After receipt of bids, if there is a need for any substantial clarification or material change in the ITB, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended bid responses.

29. Negotiation. VCSU reserves the right to award a contract based on initial responses received, without engaging in discussions or negotiations. Accordingly, a Bidder should submit its initial Bid on the most favorable terms possible to VCSU. However, should only one Bid be received by VCSU, VCSU may, but it’s not obligated to, conduct negotiations with this Bidder whose Response, in the opinion of VCSU, is competitive or may best meet the needs of VCSU.

VCSU may, but is not obligated to, seek clarification of a Response submitted by a Bidder.

Reviewed 6/2022

If VCSU chooses to negotiate, negotiation may involve any issue bearing on the Response and my take place after submission of response and before an award is made. VCSU reserves the right to follow negotiations with a request for submission of a Best and Final Offer.

30. Samples. VCSU reserves the right to request samples of any or all items bid as alternates. The Bidder must provide these samples to the Purchasing Office within ten (10) days of this request at no charge to VCSU. These samples are non-returnable. Failure to comply may cause for rejection of bid.

31. SPO Online. A notice for this IFB will be posted on the North Dakota Office of Management and Budget website using the State Procurement Office Online system (SPO Online). Bidders are responsible for checking this website to obtain all information related to this IFB: https://apps.nd.gov/csd/spo/services/bidder/main.htm

Bidders not having completed the Bidders List registration may request to receive notices related to this IFB by contacting the Procurement Officer in writing with the following information: IFB title, business name, contact person, mailing address, telephone number, and email address.

https://apps.nd.gov/csd/spo/services/bidder/main.htm

Evaluation and Award

1. Bidder Qualifications. VCSU may request references and qualifications for the Bidder and employees working on campus projects. The successful Bidder will be required to show proof on insurance and sign a VCSU Services Contract before work can begin. The Bidder will be required to furnish a statement from ND Tax Commissioner’s Office that the Bidder is current on all taxes.

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

a. All or None

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

4. Award – Tie Bid Response Preference. If a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. 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.

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

5. Late Bids. It is the bidder’s responsibility to ensure that a bid response is physically deposited with VCSU prior to the date and time specified for the opening. Late bid responses will not be opened and will be rejected regardless of the degree of lateness or the reason.

6. Corrections. The bidder’s authorized representative must initial any corrections and alterations (i.e. erasures, whiteouts, correction tape, etc.) made to the bid response. Those bid responses with corrections and alterations that are not initialed are subject to acceptance by the Procurement Office.

7. Facsimile Bids. Bid responses faxed to VCSU will be rejected. Bids may be faxed to a third party who will put them in a properly-addressed envelope and deliver it to VCSU before the date and time specified in the solicitation.

8. Right of Rejection. VCSU reserves the right to reject any, and all bids, in whole or in part. Bids 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 bid. VCSU also reserves the right to refrain from making an award if it determines it to be in its best interest.

9. Minor Informalities. VCSU 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 bid document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other bidders.

10. Mistakes. The Procurement Officer may confirm the Bid Response in the event of apparent errors, such as an unreasonably priced Bid Response. Mistakes will be handled in accordance with N.D.A.C. ch. 4-12-10.

11. Responsibility of the Bidder. The Procurement Officer, at any time, may make a supplementary investigation as to the responsibility of any Bidder, even though the Bidder may be on the Bidders List. If a Bidder is determined to not be responsible, that Bid Response will be rejected even if it is the lowest Bid Response, and the Bidder may be debarred or suspended from the Bidders List.

Reviewed 6/2022

Special Terms and Conditions

1. State Contract. The contract resulting from this solicitation will be a State Contract made available to North Dakota state agencies and institutions.

2. Contract Type. Fixed Price with Adjustment. The contract will be a fixed price contract with adjustment. A fixed price will be established for the scope of work. Any changes to the fixed price will be agreed upon between the parties and the contract will be amended.

3. Term of Contract. This contract begins: 2/1/2025, or its Effective Date, and ends on 8/1/2025.

a. No Automatic Renewal- This Contract will not automatically renew.

b. VCSU reserves the right to extend this contract for an additional period of time, not to exceed 12 months, beyond the current termination date of this contract.

4. 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:

VCSU Facilities Services email: facility.services@vcsu.edu

Or mailed to:

Valley City State University ATTN: Facilities Services 101 College St SW Valley City ND 58072

Prepayment VCSU will not make any advance payments before performance by Contractor under this Contract.

Prompt Payment Discount Terms offered by the Contractor may be taken by VCSU for payments made within specified terms.

5. Purchasing Card. VCSU may make a payment using a VCSU purchasing card. Contractor will accept a VCSU purchasing card without passing processing fees for the VCSU purchasing card back to VCSU.

6. Pricing. Pricing under this contract will be as follows:

Pricing, Firm-Fixed. Pricing shall be firm for the period of the contract.

VCSU will not be responsible for costs not included in the bid response.

mailto:facility.services@vcsu.edu

Contract Terms and Conditions

1. Scope of Work. CONTRACTOR, in exchange for the compensation paid by VCSU under this Contract, shall provide the commodities and services described in this solicitation. <SEE BID RESPONSE>

2. Compensation.

a. Contractual Amount VCSU shall pay for the accepted services provided by Contractor under this Contract an amount not to exceed the amount indicated on the Bid Response form (Contractual Amount). The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due Contractor for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by Contractor, except as provided by an amendment to this Contract.

b. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and Contractor shall not receive any additional compensation hereunder.

2) VCSU shall make payment under this Contract within forty-five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by VCSU will not prejudice VCSU’s right to object to or question that or any other invoice or matter in relation thereto. Contractor's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by VCSU, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At VCSU’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to Contractor.

4) For any amounts that are or will become due and payable to VCSU by Contractor, VCSU reserves the right to deduct the amount owed from payments that are or will become due and payable to Contractor under this Contract.

3. Prepayment. VCSU will not make any advance payments before performance by Contractor under this Contract.

4. Payment of Taxes by VCSU. VCSU is not responsible for and will not pay local, state, or federal taxes. VCSU will furnish certificates of exemption upon request by the Contractor.

5. Purchasing Card. VCSU may make a payment using a government credit card. Contractor will accept a government credit card without passing the processing fees for the government credit card back to VCSU.

6. Termination.

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. Early Termination in the Public Interest VCSU 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, Agencies and Courts. If this Contract ceases to further the public policy of the State of North Dakota, VCSU, 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

VCSU by written notice to Contractor, may terminate the whole or any 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 to allow for purchase of the services or supplies in the indicated quantities or term.

Reviewed 6/2022

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

VCSU may terminate this Contract effective upon delivery of written notice to Contractor, or any later date stated in the notice:

1) If Contractor fails to provide services required by this Contract within the time specified or any extension agreed to by VCSU; or

2) If 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.

The rights and remedies of VCSU provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

7. Force Majeure. Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God, or war if the event is beyond the party’s reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

8. Works for Hire. Contractor 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 VCSU all rights and interests Contractor 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 Contractor in performance of this Contract for VCSU shall be the sole property of VCSU, and Contractor hereby assigns and transfers all its right, title, and interest therein to VCSU. Contractor shall execute all necessary documents to enable VCSU to protect VCSU’s intellectual property rights under this section.

9. Work Product. All work product, equipment or materials created for VCSU or purchased by VCSU under this Contract belong to VCSU and must be immediately delivered to VCSU at VCSU’s request upon completion or termination of this Contract.

10. Confidentiality. Contractor shall not use or disclose any information it receives from VCSU under this Contract that VCSU 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 VCSU. VCSU shall not disclose any information it receives from Contractor that Contractor has previously identified as confidential and that UND 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 VCSU and Contractor to maintain confidentiality of information under this section continues beyond the Term of this Contract.

11. Compliance with Public Records Laws. Under the North Dakota public records law and subject to the Confidentiality clause of this Contract, certain records may be open to the public upon request. Public records may include: (a) records VCSU receives from Contractor under this Contract, (b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract. Contractor agrees to contact UND immediately upon receiving a request for information under the public records law and to comply with UND’s instructions on how to respond to such request.

12. Independent Entity. Contractor is an independent entity under this Contract and is not a VCSU employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. Contractor retains sole and absolute discretion in the manner and means of carrying out Contractor’s activities and responsibilities under this Contract, except to the extent specified in this Contract.

http://www.legis.nd.gov/cencode/t44.html http://www.legis.nd.gov/cencode/t44.html

Reviewed 6/2022

13. Assignment and Subcontracts. Contractor may not assign or otherwise transfer or delegate any right or duty without VCSU’s express written consent, provided, however, that Contractor may assign its rights and obligations hereunder in the event of a change of control or sale of all or substantially all of its assets related to this Contract, whether by merger, reorganization, operation of law, or otherwise. Should Assignee be a business or entity with whom VCSU is prohibited from conducting business, VCSU shall have the right to terminate without cause. Contractor may enter into subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. Contractor is solely responsible for the performance of any subcontractor with whom Contractor contracts. Contractor does not have authority to contract for or incur obligations on behalf of VCSU.

14. Spoliation – Preservation of Evidence. Contractor shall promptly notify VCSU of all potential claims that arise or result from this Contract. Contractor shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to VCSU the opportunity to review and inspect such evidence, including the scene of an accident.

15. Merger and Modification, Conflict in Documents. This Contract, including the following documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Contract. This Contract may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Contract, the documents must control in this order of precedence:

a. The terms of this Contract as may be amended;

b. VCSU’s Solicitation Amendments related to this Invitation for Bid;

c. VCSU’s Invitation for Bid;

d. Contractor ’s Bid Response submitted in response to this Invitation for Bid.

e. All automated end-user agreements (e.g., click-through, shrink-wrap, or browse-wrap) are specifically excluded and null and void. Clicking shall not represent acknowledgement or agreement to any terms or conditions contained in those agreements.

f. Terms and conditions contained within any documents furnished by the Contractor, including packing slips, shall not supersede the terms and conditions of this contract.

16. Severability. If any term of this Contract is declared to be illegal or unenforceable by a court having competent jurisdiction, 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 this Contract did not contain that term.

17. 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 adjudicated exclusively in the Judicial Court of Barnes County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.

18. Alternative Dispute Resolution – Jury Trial. By entering into this Contract, VCSU does not agree to binding arbitration, mediation, or any other form of mandatory Alternative Dispute Resolution. The parties may enforce the rights and remedies in judicial proceedings. UND does not waive any right to a jury trial.

19. Attorney Fees. In the event a lawsuit is initiated by VCSU to obtain performance due under this Contract, and VCSU is the prevailing party, Contractor shall, except when prohibited by N.D.C.C. § 28-26-04, pay UND’s reasonable attorney fees and costs in connection with the lawsuit.

20. Nondiscrimination and Compliance with Laws. Contractor agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. ch. 34-06.1 Equal Pay for Men and Women. Contractor agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums. Contractor shall have and keep current at all times during the Term of this Contract all licenses and permits required by law. Contractor’s failure to comply with this section may be deemed a material breach by Contractor entitling VCSU to terminate in accordance with the Termination for Cause section of this Contract.

Reviewed 6/2022

21. State Audit. All records, regardless of physical form, and the accounting practices and procedures of Contractor relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. Contractor shall maintain all of these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. VCSU, State Auditor, or Auditor’s designee shall provide reasonable notice to Contractor prior to conducting examination.

22. Invoicing. All invoices and payment inquiries must be directed to Valley City State University.

23. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the VCSU Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances.

24. 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.

25. Trade-In: Equipment offered as trade-in by VCSU are offered on an “as is” and “where is” basis. No condition or warranty will be implied. Removal of trade-in equipment will be the responsibility of the Contractor. Payment under the contract is contingent upon the removal of equipment offered by VCSU.

Bidders are instructed to provide a purchase price for the new equipment being offered. Bidders may provide a Trade-In Allowance for the equipment offered by VCSU. VCSU will make a determination whether trade-in is in the best interest of the VCSU and reserves the right to purchase the new equipment with or without accepting the Bidder’s Trade-In price.

26. Order Confirmation. The Contractor must confirm the receipt of orders by communicating with VCSU within 24 hours of the order placement.

27. Delivery Time Required. The Contractor must meet the specified delivery requirements. If delivery cannot be made within the specified time, the Contractor must notify VCSU in writing of the delay and the approximate date delivery may be expected.

• Delivery is required by the date indicated in the Item specifications of this solicitation.

28. Delivery Location - F.O.B. Point and Freight. Delivery, freight, and passage of title shall under this contract shall be as follows:

• F.O.B. Destination to the location in the Item specifications of the solicitation. All freight and handling is to be included in the item price. Title will pass to VCSU upon delivery to the specified destination. The Contractor will file any claims.

29. Delivery and Orders. The Contractor must deliver commodities and services ordered under this contract by the required time. If after receiving the order, the Contractor learns that the delivery requirements cannot be met, the Contractor must immediately notify the Purchasing Agency by telephone, email or mail and indicate the delay and an approximate delivery date. Repeated delivery delays may be considered as failure to deliver.

30. New Equipment, Used Equipment, Refurbished Equipment and Materials Certification. 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 by a NRTL. All costs associated with required listings will be included in the bid price. Each piece of equipment or assembly of equipment offered in the response to this bid will be either listed and labeled or certified and labeled prior to shipment by the successful bidder. If a piece of equipment only requires a cord and plug connection, the equipment typically does not need to be listed, however, Reviewed 6/2022 on those pieces of equipment, the cord and plug does need to come installed from the factory.

https://www.osha.gov/nationally-recognized-testing-laboratory-program/current-list-of-nrtls

31. Inspection and Acceptance or Rejection. VCSU reserves the right to conduct inspections and investigations related to the

Bidder and the offered commodities or services, including but not limited to the firm, personnel, qualifications, and the commodities and services offered to make determinations regarding compliance with the Bid Response requirements and responsibility of the Bidder. All material and workmanship are subject to inspection and testing by VCSU at the point of manufacturer, place of storage, or upon receipt. VCSU reserves the right to reject any commodities or services and terminate the contract if the Contractor fails to comply with the specifications, terms and conditions, or the seller’s express or implied warranties. Rejected commodities will be removed at the Contractor’s expense. Failure to satisfactorily perform may result in suspension or debarment from the Bidders List.

If commodities or services are rejected as being not compliant with the requirements of this solicitation, VCSU will inform the Contractor in writing. VCSU may provide the Contractor with a reasonable opportunity to cure, whenever practicable, as set forth in writing by the Purchasing Agency.

32. Pricing – Tax Exempt. All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Contractor may contact the Procurement Officer to obtain VCSU’s tax exemption number and tax-exempt certificate.

33. Pricing, Unit of Measure. The unit prices 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.

34. Background Checks for Contractor Personnel. VCSU requires all background checks to be performed on all Contractor personnel who will access the facility.

Contractor shall provide the Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by VCSU. This information must be received prior to the Contractor personnel attempting to access the facility, and the Contractor must receive confirmation of approval.

Contractor will be responsible for notifying the Procurement Officer or designee if any Contractor personnel changes and provide background checks for any new Contractor personnel. Under no circumstance shall any Contractor Personnel have access to the facility without a background check and approval by VCSU. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the Contractor’s responsibility. At any time during the contract period, VCSU may request the Contractor to provide updated background checks of any Contractor personnel that have access to the premises.

35. Travel. Contractor acknowledges travel costs are covered by the Contractual Amount and shall not invoice VCSU for travel costs.

36. Time is of the Essence. Contractor hereby acknowledges that time is of the essence for performance under this Contract unless otherwise agreed to in writing by the parties.

37. Effectiveness of Contract. This Contract is not effective until fully executed by both parties, issuance of a purchase order, or order using a state purchasing card. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be deemed the Effective Date.

https://www.osha.gov/nationally-recognized-testing-laboratory-program/current-list-of-nrtls

Procurement Request for Bid Reviewed 6/2022

BID RESPOSE

Bidder Name:

Item No. Detailed Specifications Total Price

1 Base Bid – McCoy Hall $

Manufacturer Name:

Brand:

Model No.:

Item No. Detailed Specifications Total Price

2 Base Bid – Student Center $

Manufacturer Name:

Brand:

Model No.:

• Freight included in total price.

• Unless otherwise indicated, orders are to ship complete.

• Bidders must fill in the Bid Response in its entirety. Pricing must be quoted per the rate identified in the Bid Response. Bidders may be deemed non-responsive if they fail to use the Bid Response provided or fail to fill it out in its entirety.

Bidder’s proposed delivery time:

ARO

Scope of Work Experience: Successful bidders must have been in business performing similar work for at least 5 years prior to the bid opening date/time. Companies who submit bids and do not meet this requirement may be considered unresponsive.

Project Description: The construction work includes the replacement of existing ceiling tile and grid in McCoy Hall AND Student Center, as specified on the floor plans. The replacement includes all materials necessary to replace the current ceiling tile and grid.

Base Bid:

Furnish all labor, materials, accessories, and equipment necessary to complete the ceiling tile and grid replacement projects as indicated on attached floor plans (2 separate buildings). Debris removal shall be included in the bid.

McCoy Hall (VCSU-2025-05-H) Ceiling Tile and Grid Specifications:

GRID

• Color = white

TILE OPTION 1:

• 22350 USG Radar 2’ x 2’ recessed ceiling tile (see attached data sheet)

TILE OPTION 2:

• 704A Armstrong 2’ x 2’ ceiling tile (see attached data sheet)

*CONTRACTOR TO VERIFY MEASUREMENTS/QUANTITY PRIOR TO ORDERING*

Pre-Bid Meeting Contact: Daryl Heise, VCSU Project Manager (701)-845-7709 or daryl.heise@vcsu.edu mailto:daryl.heise@vcsu.edu

Student Center (VCSU-2025-02-FS) Ceiling Tile and Grid Specifications:

GRID

• Color = white

TILE OPTION 1:

• Armstrong #512A Cirrus 4 square, 24x24

*CONTRACTOR TO VERIFY MEASUREMENTS/QUANTITY PRIOR TO ORDERING*

Pre-Bid Meeting Contact: Daryl Heise, VCSU Project Manager (701)-845-7709 or daryl.heise@vcsu.edu mailto:daryl.heise@vcsu.edu

1st floor (2x4 fixtures): both bathrooms, both tub rooms, trash room, custodial room, and staff apartment.

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