120971 OR Atkinson Sand & Gravel Inc Bid.pdf

State of Nebraska (State Purchasing Bureau)

INVITATION TO BID FOR COMMODITIES CONTRACT

SOLICITATION NUMBER RELEASE DATE

1209710R January 16,2025

OPENING DATE AND TIME PROCUREMENT CONTAGT

February 11, 2025,2:00 p.m. Central Time Brenda Sensibauoh

PLEASE READ CAREFULLY

The State of , Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this solicitation for the purpose of selecting a qualified Bidderto provide Armor Coat, Surfacing, Windrow and Deicing Grave,lfor a commoditycontract.A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reseryes the right to contract for the same or similar goods from other sources now or in the future.

The term of the contract will be one (1) year commencing upon execution of the contract by the State and the Vendor (Parties). -l-he

Contracl includes the option to renew for two (2) additional three (3) month periods upon mutual agreement of the Parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

ln the event that a contract with the awarded bidder(s) is cancelled or in the event that the State needs additional Vendors to supply the solicited commodities, this solicitation may be used to procure the solicited goods for up to eighteen (18) months from the date the lntent to Award is posted, provided that 1) the solicited goods will be provided by a bidder (or a successive owner) who submitted a responsepursuant to this solicitation, 2) the solicitation response was evaluated, and 3) the bidder will honor the biddeCs original response, including the proposed cost, allowing for any price increases that would have othenrise been allowed if the bidder would have received the initial award.

ALL INFORMATION PERTINENT TO THIS SOLICITATION CAN BE FOUND ON THE INTERNET AT:

https://das. nebraska.qov/materiel/bidopos. html

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. S 84€02.04, State contracts in effec{ as of January 1 , 2014, and contracts entered into thereafter must be posted to a public website. The resulting contract, thesolicitation and the successfulVendo/s solicitation responsewill be posted to a public website managed by DAS, which can be found at:https://statecontr and https://www.nebraska.oov/das/materiel/purchasinq/contract search/index.pho.

ln addition, and in furtherance of the State's public records Statute (Neb. Rev. Stat. $84-712 et seq.), all responses received regarding this Solicitation will be posted to the State Purchasing Bureau public website.

These postings will include the entire solicitation response. Bidder must request that proprietary information be excluded from the posting. The bidder must identiff the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION". The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information.

The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attomey General Opinion No. 92068, Apnl27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE SOLICITATION !S PROPRIETARY. COST SHEETS wlLL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD !N THE STATE OF NEBRASKA. The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would 1) give advantage to business competitors and 2) serve no public purpose. The Bidder will be notified of the State's decision.

Absent a determination by the State that the information may be withheld pursuant to Neb. Rev. Stat. S 84-712.05, the State will consider all information a public record subject to disclosure.

lf the State determines it is required to release withheld proprietary information, the bidder will be informed. lt will be the biddeds responsibility to defend the biddefs asserted interest in non-disclosure.

To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, or solicitation response for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a solicitation response, specifically waives any copyright or other protection the contract, or solicitation response may have; and acknowledges that they have the ability and authority to enter into such waiver. This reservation and waiver are a prerequisite for submitting L solicitation response, and award of a contract. Failure to agree to the reservation and waiver will result in the solicitation response being found non-responsive and rejected.

Any entity awarded a contract or submifting a solicitation response agrees not to sue, file a claim, or make a demand of any kind, and wili indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed ofiicials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attomey fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or solicitation response, awards, and other documents.

SPB Form 17 | ITB Template I Effective 12162024

SCOPE

CONTRACTUAL AGREEMENT FORM

By signing this Contractual Agreement Form, the bidder guarantees compliance with the provisionsstated in this solicitation and agrees to the terms and conditions unless otherwise indicated in writing and certifies that bidder is not owned by the Chinese Communist Party.

Per Nebraska's Transparency in Government Procurement Act, Neb. Rev Stat $ 73-603, DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska Vendors. This information is for statistical purposes only and will not be considered for contract award purposes.

L NEBRASKA VENDOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Vendor.

"Nebraska Vendo/' shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this Solicitation. All vendors who are not a Nebraska Vendor are considered Foreign Vendors under Neb. Rev Stat $ 73-603 (c).

I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. S 73-107 and wish to have preference, if applicable, considered in the award of this contract.

I hereb,y certify that I am a blind person licensed by the Commission for the Blind & Visually lmpaired in accordance with Neb. Rev. Stat. $71-8611 and wish to have preferen@ considered in the award of this contract.

THIS FORM MUST BE SIGNED MANUALLY IN INK OR BY DOCUSIGN

COMPANY: A\Kiwrrrn ftft ,ft\ ..$ ( o*u. '{Lr{ ADDRESS: ffi, [1nx (r45 Alhrv.nrn Nk" {ffiTn PHONE: qha.3Hhr- ff,(r5(r EMAIL: nK\r.r1rn*vll ,A nrn\ arrrrpl @ n**ii"f n)(J BIDDER NAME & TITLE: de*'.q,S'\^rur.$ U"*-ir{*# SIGNATURE: ffi DATE: els\s-'fl\

VENDOR COMMUNICATTON WITH THE STATE CONTACT INFORMATION

(rF DTFFERENT FROM ABOVE)

NAME:

TITLE.

PHONE:

EMAIL:

SPB Form 171 ITB Template I Effective 12162424

BIDDER MUST COMPLETE THE FOLLOWING

1249n 08

ATTACHMENT A. COST SHEET

Nebraska Department of Transportation Armor Coat, Surfacing, Windrow and Deicing Gravel

Proposalpricingshallbethe price per tonfor delivered gravel, FOB Destination. All costs associated to satisfy the requirementsin accordance with the general provisions andspecifications written in the lnvitation to Bid must be included in the prices bid on this form. Estimates shall not be considered a minimum or maximum, but to be used as best estimate for reference and bidding. Alternative or Additional Optional Location line items are not included in the final price calculation.

DISTRICT 1

DISTRICT 4

Ravenna Yard 42775 Hwy 2

Windrow 320 $ $

Rockville Site 403 Hwy 58, MM 29.18

Windrow 1 360 $ $

Loup City Site 418 Hwy 92, MM 320.15

Windrow 860 $ $

Stockpile corner of Hwy 281 & Hwy 91

10 miles North of Greeley Windrow 1200 $ $

Total 3,740 Total $

DISTRICT 6

Dickens Site 611 Hwy 23, MM 57

Windrow 2000 $ $

North Platte Site 602 Hwy 97, MM 9

Windrow 1 500 $ $

Sutherland Site 609 Hwy 25, MM 104

Windrow 1 000 $ $

Mullen Site 604 Hwy 2, MM 176

Windrow 1320 $ $

Mullen Site 605 Hwy 2, MM 184

Windrow 990 $ $

Arthur Site 619 Hwy 61, MM 126

Windrow 1320 $ $

Arthur Site 621 Hwy 92, MM 175

Windrow 1320 $ $

Tryon Site 603 Hwy 92, MM 205

Windrow 1320 $ $

Broken Bow South Site 635 Hwy 2'1, MM 68

Windrow 700 $ $

Ansley North Site 638 Hwy 183, MM 89

Windrow 700 $ $

Location Gravel Type Est. Tons Price per Ton Extended Price

Pawnee City JunctionHwvE&65 Surfacing 1 500 $ $

Total 1,500 Total $

Location Gravel Type Est. Tons Price per Ton Extended Price

Location GravelType Est. Tons Price per Ton Extended Price

DISTRICT 7

DISTRICT 8

Ainsworth Hwy 20, MM 248.9

Armorcoat 1 500 $ $

North of Taylor Hwy 183, MM 143

Armorcoat 3200 $ $

Merriman Hwy 20, MM 165

Armorcoat 1000 $ $

Total 5,700 Total $

Valentine Hwy 20, MM 203

Windrow 1200 $

Total 1,200 Total $

Naper Yard 47004 Hwy 12

Deicing 500 $ la,sD $ (r.9'{D:

Total 500 Total $ (t.aah=

ALTERNATE OR ADDITIONAL OPTIONAL LOCATIONS

ln the event delivery locations change or additional optional locations may be needed during the term of the contract that were not included in the original lnvitation to Bid (lTB), Bidder shall include a price per ton-mile for freight to add for greater distance or subtract for closer delivery locations. Awarded Vendors will not be obligated to serve these alternate or additional optional locations but will have the opportunity to do so. All other specifications and conditions will remain for any alternate or additional optional locations.

Location Gravel Type Est. Tons Price per Ton Extended Price

Elwood Hwy 23, MM 132

Surfacing 5400 $ $

Total 5,400 Total $

Location GravelType Est. Tons Price per Ton Extended Price optional Lines Gravel rype Est. Tons Price per Ton- Mile Extended Price

Alternate or Additional Optional Location

Armorcoat 200 $ $

Alternate or Additional Optional Location

Surface 200 $ $

Alternate or Additional Optional Location

Windrow 200 $ $

Alternate or Additional Optional Location

Deicing 50 $ $

Total 650 Total $

STATB OF NEBRASKA

United States of America, State of Nebraska

) ss.

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Secretar5r of State State Capitol Lincoln, Nebraska of theI, Robert B. E'rnen, Secretary of State State of Nebraska, do hereby certify that

ATKINSON SAND & GRAYEL, INC.

incorporated on August 9,1991and is duly incorporated under the law of Nebraska;

that no occupation taxes due from and assessable against the Corporation are unpaid and have become delinquent;

that no annual or biennial report required to be forwarded by the Corporation to the Secretary of State has become delinquent;

that Articles of Dissolution have not been filed..

This certificate is not to be construed as an endorsement, recommendation, or notice of approval of the entity's financial condition or busrness activities and practices.

I have hereunto set my hand and aflixed the Great Seal of the

State of Nebraska on this date of

February 6,2025

Secreta4r of State

In Testimony Whereof, Verification ID 697fb40 has been assigned to this document. Go to ne.govlgo/validate to validate authenticity for up to 12 months

TABLE OF CONTENTS

TABLE OF CONTENTS

I. PROCUREMENTPROCEDURE.

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS.............., D. WRtrrEN OUESTTONS AND ANSWERS.,.............. ...,..., E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Nonnegotiable)

G. DEVTATTONS FROM THE SOL|C|TAT|ON

H. SUBMTSSTON OF SOLICTTATTON RESPONSES ........."

I. SOLICITATION PREPARATION COSTS ............,4

J. FATLURE TO COMPLY W|TH SOL|C|TAT|ON

K. SOL|CITATTON RESPONSE CORRECT|ONS

P. EVALUATION OF SOLICITATION RESPONSES........... .......,..5

R. REFERENCE AND CREDIT CHECKS ................,6

T. LUMP SUM OR "ALL OR NONE" SOLICITATION RESPONSES

U. REJECTION OF SOLICITATION RESPONSES

X. ALTERNATE/EQUIVALENT SOLICITATION RESPONSES............. .....-

II. TERMS AND CONDITIONS

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CHANGE ORDERS OR SUBSTITUTIONS

RECORD OF VENDOR PERFORMANCE..........,

NOTICE OF POTENTIAL VENDOR BREACH .,

ASSIGNMENT, SALE, OR MERGER ..........,

CONTRACTING WITH OTHER POLITICAL SUBDIVISIONS OF THE STATE OR ANOTHER STATE ................,.-..11

AMERTCANS WITH DISABILITIES 4CT

DELIVERY AFTER RECEIPT OF ORDER .....,,.,12

DELTVERY TNSTRUCTIONS AND REQUIREMENTS...,......... .............--.'...-12

DELIVERY FOR ALTERNATIVE LOCATIONS, FREIGHT FACTOR INCREASE/DECREASE ORDERS .,.,.,.,......,...12

Page ii ilt. VENDOR DUTIES

TNDEPENDENT VENDOR / OBL|GAT|ONS

FOREIGN ADVERSARY CONTRACTING PROHIBITION ACT CERTIFICATION (Nonnegotiable) ....." 16

EMPLOYEE WORK ELIGIBILITY STATUS ...-

COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

COOPERATION WITH OTHER VENDORS

D|SASTER RECOVERY/BACK UP PLAN

DELTVERY LOCATTONS / INSTRUCT|ONS

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PROHIBITION AGAINST ADVANCE PAYMENT (Nonnegotiable)

SUBJECT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Nonnegotiabte).....- RIGHT TO AUDIT (First Paragraph is Nonnegotiable)

V, MATERIAL SPECIFICATION.ARMOR COAT GRAVEL...... .......,............,.23

MATERIAL SPECIFICATION _ SURFACING GRAVE1......,.,.......-

MATERIAL SPECIFICATION -WINDROW GRAVEL .....,.....,.24

MATERIAL SPECIFICATION - DEICING GRAVEL

CONTRACTUAL AGREEMENT FORM

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SPB Form 17 | ITB Template I Effective 12162024

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GLOSSARY OF TERMS

Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State or other sources of testing standards, for measuring the effectiveness of products or goods and the means used for testing such performance

Addendum:A written correction or alteration to a document during the solicitation process (e.9., Questions and Answers, Revised Schedule of Events. Addendum to Contract Award).

Agency:All officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations

AgenURepresentative: A person authorized to act on behalf of another

Amend: To alter or change by adding, subtracting, or substituting

Amendment: A written conection or alteration to a document

Appropriation: Legislative authorization to expend public funds for a specific purpose;money set apart for a specific use

Automated Clearing House(ACH): Electronic network for financial transactions in the United States

Award: All purchases, leases, or contracts which are based on competitive solicitations will be awarded according to the provisions in thesolicitation

Best and Final Offer (BAFO): ln a competitivesolicitation, the final offer submitted which contains Vendods most favorable terms for price

Bid:See Solicitation Response

Bid Opening: The process of opening correctly submitted solicitation responses at the time and place specified in the written solicitation and in the presence of any bidder who wishes to attend

Bidder: A Vendorwho submits a Solicitation Response

Breach:Violation of a contractual obligation by failing to perform or repudiation of one's own promise

Business: Any corporation, parlnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity

Business Day: Any weekday, except State-recognized holidays

Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays

Cancellation: To call off or revoke a solicitation, purchase order,or contract without expectation of conducting or performing at a later time

Change Order: Document that provides amendments to an executed purchase order or contract

Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or unlaMul purpose

Commodities: Any equipment, material, supply, or goods; anything movable or tangible that is provided or sold

Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain the desired quality, type, color, size, shape, or special characteristics necessary to perform the work intended to produce the desired results

Competition: The effort or action of two or more commercial interests to obtain the same business from third parties

Confidential lnformation:See Proprietary lnformation

Contract: An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law; the writing that sets forth such an agreement

Contract Administration: The management of the contract which includes and is not limited to contract signing, contract amendments and any necessary legal actions

Contract Award:Document that officially awards a contract to a bidder(s) as the result of a competitive solicitation or a vendor(s) in a contract that qualifies for an exception or exemption from the competitive bidding requirements of the State Procurement Act

Page iv

Contract Management: The management of day-to-day activities at the agency which includes but is not limited to ensuring deliverables are received, specifications are met, handling meetings and making payments to the Vendor

Contract Period: The duration of the contract

Contractor:See Vendor

Cooperative Purchasing: The combining of requirements of two or more potiticat entities to obtain advantages of volume purchases, reduction in administrative expenses or other public benefits

Copyright: A property right in an original work of authorship fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt and distribute the work

Cost Sheet:A required document that is completed by the Vendor in the prescribed format to show the Vendor's pricing to provide the commodities or perform the services requested.

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those commodities or services provided by a Vendor

Default The omission or failure to perform a contractual duty

Deviation: Any proposed change(s) or alteration(s) to either the terms and conditions or deliverables within the scope of the written solicitation or contract

Evaluation: The process of examining a solicitation response afier opening to determine thebiddeis responsibility, responsiveness to requirements, and to ascertain other characteristics of the solicitation responsethat relate to determination of the successful award

Evaluation Committee:lndividual(s)identified by the agency that leads the solicitation to evaluatesolicitation responses

Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original Contract Period,not to be confused with "Renewal Period"

Free on Board (F.O.B.) Destination: The delivery charges are included in the quoted price and prepaid by theVendor.Vendoris responsible for all claims associated with damages during delivery of product.

Free on Board (F.O.B.) Point of Origin: The delivery charges are not included in the quoted price and are the responsibility of the agency.Agency is responsible for all claims associated with damages during delivery of product

Foreign Corporation: A foreign corporation that was organized and chartered under the laws of another state, govemment, or country

Goods: See Commodities lnstallation Date: The date when the procedures described in "lnstallation by Vendor''and "lnstallation by State" as found in the solicitation or contract are completed lnterested Party:A person acting in their personal capacity or an entity entering into a contract or other agreement creating a legal interest therein lnvitation to Bid (lTB):See Solicitation

Late Solicitation Response: A solicitation response received after the Opening Date and Time

Mandatory: Required, compulsory, or obligatory

May: Discretionary, permitted; used to express possibility

Must:See Shall

National lnstitute for Governmental Purchasing (NIGP): National lnstitute of Governmental Purchasing - Source used for assignment of universal commodity codes to goods and services

Non-Responsive Solicitation Response: Any bid that does not comply with the requirements of the solicitation or cannot be evaluated against the other bids

Nonnegotiable: These clauses are controlled by state law and are not subject to negotiation

Opening Date and Time:Specified date and time for the opening of received, labeled, and sealed formal solicitation responses

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Outsourcing: The contracting out of a business process that an organization may have previously performed intemally or for which an organizationhas a new need to an independent organization from which the process is purchased back

Payroll & Financial Center (PFC): Electronic procurement system of record

Performance Bond: An insurance agreement accompanied by a monetary commitment by which a third party (the surety) accepts liability and guarantees that the Vendor fulfills any and all obligations under the contract

Personal Property: See Commodities

Point of Contact (POC): The person designated to receive communications and to communicate

Product: Something that is distributed commercially for use or consumption and that is usually (1) tangible personal property, (2) the result of fabrication or processing, and (3) an item that has passed through a chain of commercial distribution before ultimate use or consumption

Project: The total scheme, program, or method worked out for the accomplishment of an objective, including all documentation, commodities, and servicesto be provided under the contract

Proposal: See Solicitation Response

Proprietary lnfomration:Trade secrets, academic and scientific research work that is in progress and unpublished or other information that if released would give advantage to business competitors and service no public purpose. See Neb. Rev. Stat. $ 8a-712.05(3). ln accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identifrcation of specific named competitor(s) advantaged by release of the information and the demonstrated advantage the named competitor(s) would gain by the release of information.

ProtesUGrievance: A complaint about a governmental action or decision related to the solicitation or resultant contract under SPB's Protest Policy.

Quote: See Solicitation Response

Release Date: The date of public release of the solicitation

Renewal Period: Optional contract periods subsequent to the original Contract Period for a specified duration with previously agreed to terms and conditions; not to be confused with "Extension"

ResponsibleBidder: A Vendorwho has the capability in all respects to perform fully and lawfully all requirements with integrity and reliability to assure good faith performance

Responsive Bidder: A Vendoruho has submitted a solicitation responsewhich conforms to all requirements of the solicitation

Shall:An order/command; mandatory

Should: Expected; suggested, but not necessarily mandatory

Solicitation:A formal invitation to receive quotes in the form of a Request for Proposal or lnvitation to Bid

Solicitation Response: An offer, quote, bid, or proposal submitted by a Vendorin response to a Solicitation

Specifications: The detailed statement, especially of the measurements, quality, materials, and functional characteristics, or other items to be provided under a contract

Subcontractor: lndividual or entity with whom the Vendor enters a contract to perform a portion of the work awarded to the Vendor

Termination: Occurs wheneither Party, under a power created by agreement or law, puts an end to the contract prior to the stated expiration date;all obligations thatare still executory on both sides are discharged but any right based on prior breach or performance survives

Third-Party: Any person or entity, including but not limited to liduciaries, shareholders, owners, officers, managers, employees, legally disinterested persons, and subcontractors or agents, and their employees. lt shall not include any entity or person who is an interested party to the contract or agreement

Trade Secret: lnformation, including but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. $87-502(4)

Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or Vendorto distinguish its product from those of others, registered with the U.S. Patent and Trademark Office

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Upgrade: Any change that improves or alters the basic function of a product of service

Vendor:An individual or entity lawfully conducting business with the State. or licensed to do so, who seeks to provide and contract for goods or services under the terms of a Solicitationand/or Contract.

Vendor Performance Report A report completed by the using agency and submitted to State Purchasing Bureau documenting products or services delivered or performed which exceed or fail to meet the terms of the purchase order, contract, and/or solicitation specifications

Will:See Shall

Work Day: See Business Day

Page vii SPB Form 17 | ITB Template I Effective 12162424

ACRONYM LIST

ACH - Automated Clearing House

ARO - Afier Receipt of Order

BAFO - Best and Final Offer

COI - Certificate of lnsurance

DAS - Department of Administrative Services

DOMM - District Operations Maintenance Manager

F.O.B. - Free on Board

ITB - lnvitation to Bid

NDOT * Nebraska Department of Transportation

NIGP - National lnstitute for Governmental Purchasing

PA - Participating Addendum

POC - Point of Contact

SPB - State Purchasing Bureau

Page viii SPB Form 17llTB Template f Effective 12162024

I, PROCUREIIIIENTPROCEDURE

A. GENERAL INFORMATION

Thissolicitationis designed to solicit responses from qualified bidderswho will be responsible for providing Armor Coat, Surfacing, Windrow and Deicing Gravel at a competitive and reasonable cost.

Solicitation responsesshall conform to all instructions, conditions, and requirements included in the solicitation.Prospective biddersare expected to carefully examine all documents, schedules, and requirements in this solicitation, and respond to each requirement in the format prescribed.Solicitation responsesmay be found non-responsive if they do not mnform to the solicitation.

B. PROCURING OFFICE AND COMMUNICATION wlTH STATE STAFF AND EVALUATORS Procurement responsibilities related to this solicitationreside with theState Purchasing Bureau.The point of contact (POC) for the procurement is as follows:

ITB Number: 120971OR Name: Brenda Sensibaugh, Procurement Contract Officer Agency: State Purchasing Bureau Address: 1526 K Street, Suite 130

Lincoln, NE68508 Telephone: 402471-6500 E-Mail: as.materielpurchasing@nebraska.gov

From the date the solicitation is issued until the lntent to Award is issued, communication ftom the bidder is limited to the POC listed above.After the lntent to Award is issued, the Vendor may communicate with individuals the State has designated as responsible for negotiating the contract on behalf of the State.No member of the State Government, employee of the State, or member of the Evaluation Commiftee is empowered to make binding statements regarding this solicitationJhe POC wilt issue arry answers, clarifications, or amendments regarding this solicitationin writing.Only the SPB or awarding agency can award a contract.bidders shall not have any communication with or attempt to communicate or influence any evaluator involved in this solicitation.

The following exceptions to these restrictions are permitted:

1. Contact made pursuant to pre-existing contracts or obligations;

2. Contact required by the schedule of events or an event scheduled later by POC; and

3. Contac{ required for negotiation and execution of the final contract.

The State lleserves the ight to reject a Vendofssolicitation response, withdraw an lntent to Awad, or terminate a contract if the State determines there has been a violation of these prccurement procedures.

C. SCHEDULE OF EVENTS

The State expects to adhere to the procurement schedule shourn below, but all dates are approximate and subject to change.

NOTE: All ShareFile links in the Schedule of Events below, are unique links for each schedule step. Please click the correct link for the upload step you are requesting.

SPB Form 17llTB Template lEffective 12162024

ACTIV!ry DATEITIME

1. Releasesolicitation January 15,2025

2.

Last day to submit written questions

ShareFile link for uploading questions: https://nebraska.sharefile.com/r- 11 85b6b 1 4b0d94b 1 4a4ed7cef4da5be93

January 27,2425 a State responds to written questions througha solicitation "Addendum" to be posted to the lnternet at:

https://das. nebrqska.oov/materiel/bidopps.html

January 30, 2025

4.

BidOpeningr0nline via Webex Meeting

IT IS THE BIDDER'S RESPONSIBILryTO UPLOAD ELECTRONIC FILES BYTHE

OPENING DATE AND TIME. EXCEPTIONS WILL NOT BE MADE FOR TECHNOLOGY

ISSUES.

ShareFile ElectronicSolicitation ResponsesubmissionsLink:

https:/nebraska.sharefi le.com/r-rd0239b 1 d892 1 42a480d3ccbbbdd55e0f

Webex Meeting

Join Webex Meeting

Tuesday, February 11, ?:425, 2:00 PM | (UTC-06:00) CentralTime (US &Canada) | thr

Join from the webinar link https :llsonvideo.webex. com/sonvideoli. ptlp?MTl D=mgaa3$0- 3b@lddeMSb4eeq5b0s

February 11,2025

2:00 PM

Central Time ii.r::l

Join by the webinar number

Webinar number (access code): 2486 283 4887

Webinar password: qfSVKHrw24S {V3785479 when diallng from a phone or video system)

Tap to ioin from a mobile device (attendees only)

+ 1 -4084 t 8-93ggJ&8028&[887#7378547 g# United States Toll

Some mobile devices may ask attendees lo enter a numeric pa*sword.

Join by phone

+1 -408-41 8-9388 United States Toll

Glqbalcall-in numbers

5.

Post "lntent to Award" to lntemet at:

htto:l/das. nebraska.oov/materiel/ourchasino.html TBD

F.

ACTIVITY DATE/TIME

6. lContract award TBD

WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any solicitationprovision must be submifted in writing to SPB and clearly marked "Solicitation Number 12097'tORArmor Coat, Surfacing, Windrow and Deicing Gravel Questions'. POC is not obligated to respond to questions that are received late per the Sctedule of Events.

Bidders should submit questions for any items upon which assumptions may be made when preparing a response to the solicitation.Any solicitation response containing assumptions may be deemed non-responsive and may be rejected by the State.

Solicitation responseswill be evaluated without consideration of any known or unknown assumptions of abidder.The contract will not incorporate any known or unknown assumptions of a bidder.

Questions should be uploaded using the ShareFile link provided in theSchedule of Events, Section l.C.lt is recommended that Vendors submit questions using the following format.

Solicitation Section Reference

Solicitation Page Number

Question

Written answers will be posted at llttps:/ldas.nebraska.gov/matg.lieUbidopqs.html per the Schedule of Events.

SEGRETARY OF STATE TAX COMMISSIONER REGISTRATION REQUIREMENTS (Nonnegotiable) All Biddersmust be authorized to transact business in the State of Nebraska and comply with all Nebraska Secretary of State Registration requirements.The Bidder who is the recipient of an lntent to Award maybe required to certi! that it has complied and produce a true and exactcopy of its current (within ninety (90) calendar days of the intent to award) Certificate or Letter of Good Standing, or in the case of a sole proprietorship, provide written documentation of sole proprietorchip and the United States Citizenship Attestation Form, available on the DAS website at:https:lldas.nebraska.qovlmateriel/docs/pdf/lndividual%20or%20Sole%20Proprietor%20United%2OStates%Z0Aftestation%20For m%20Enqlish%20and%20Sqanish.pdf. This shouldbe accomplished prior to execution of the contract.

ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject solicitation responses, withdraw an intent to award or award, or terminate a contract if an ethical violation has been committed, which includes, but is not limited to:

1. Offering or giving, directly or indirectly, a bribe, fee, commission, compensation, gift, gratuity, or anything of value to any person or entity in an attempt to influence the bidding process;

2. Utilizing the services of lobbyists, attomeys, political activists, or consultants to influence or subvert the bidding process;

3. Being considered for, presently being, or becoming debarred, suspended, ineligible, or excluded from contracting with any state or federal entity:

4. Submitting a solicitation response on behalf of another Party or entity; and

5. Colluding with any person or entity to influence the bidding proceqs, submit sham proposals, preclude bidding, fix pricing or costs, create an unfuir advantage, subvert the solicitalion response, or prejudice the State.

The bidder shall include this clause in any subcontract entered into for the exclusive purpose of performing this contract.

Bidder shall have an affirmative duty to report any violations of this clause by the bidder throughout the bidding process and throughout the term of this contract for the awarded bidder and their subcontractors.

DEVIATIONS FROM THE SOLICITATION

The requirements contained in the solicitation (Sections ll through V) become a part of the terms and conditions of the contract resulting from this solicitation.Any deviations from the solicitationin Sections ll through V must be clearly defined by the bidderin its solicitation response and, if accepted by the State, will become part of the contract.Any specifically defined deviations must not be in conflict with the basic nature of the solicitation, solicitation requirements, or applicable state or federal laws or statutes."Deviation", for the purposes of this solicitation, means any proposed changes or alterations to either the contractual language or deliverables within the scope of this solicitation. The State discourages deviations and reserves the right to reject proposed deviations.

SUBMISSION OF SOLICITATION RESPONSES

The State is only accepting electronic responses submitted in accordance with this solicitiation.The State will not accept bids by mail, email, voice, or telephone, unless otherwise explicitly stated in writing by the State.

Pages may be consecutively numbered for the entire solicitation response or may be numbered consecutively within sections.

Figures and tables should be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text.

H.

SPB Form 17 I ITB Template I Effective 12162024

G.

It is the bidde/s responsibility to ensure the solicitation response is received electronically by the date and time indicated in the Schedule of Events. Solicitation Responses must be submitted via ShareFile by the date and time of the opening per the Schedule of Events. No late solicitation responses will be accepted.

It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. The website can be found here: https://das.nebraska.qov/materiel/bidopps.html.

Emphasis should be concentrated on conforrnance to the solicitation instructions, responsiveness to requirements, completeness, and clarity of content. lf the solicitation response is presented in such a fashion that makes evaluation difficult or overly time consuming the State reserves the right to reject the solicitation response as non-conforming.

The ShareFile link for uploading SolicitationResponse(s) is provided in the Schedule of Events, Section l.C.

**UNLESS OTHERWSE NOTED, DO NOTSUBMIT DOCUMENTS

THAT CAN ONLY BE ACCESSED wlTH A PASSWORD*

1. Bidders must submit responses via ShareFile using the solicitation submission link.

Note: Not all browsers are compatible with ShareFile. Currently Google Chrome, lntemet Explorer, Microsoft Edge, Safari, and Firefox are compatible. After the bidder clicks the solicitation submission link, the bidder will be prompted to enter contact information including an e-mail address. By entering an e-mail address, the bidder should receive a confirmation email confirming the successful upload directly from ShareFile.

ShareFile link for uploading solicitation response(s) provided in the Schedule of Events, Section I.C.

a. The Solicitation response and Proprietary information should be uploaded as separate and distinct files.

l. lf duplicated responses are submitted, the State will retain only the most recently submited response.

ll. lf it is the bidde/s intent to submit multiple responses, the bidder must clearly identiff the separate submissions.

lll. lt is the bidde/s responsibility to allow time for electronic uploading. AII file uploads must be completed by the

Opening date and time per the Schedule of Events. No late responses will be accepted.

b. ELECTRONIC SOLICITATION RESPONSE FILE NAMES

The bidder should clearly identif the uploaded solicitation response files. To assist in identification the bidder shou]d use the following naming convention:

i. 120971 OR, Company Name lf multiple files are submitted for one solicitation response, add number of files to file names:

120971 OR Company Name File 'l of 2.

120971 OR Company Name File 2 of 2.

ii. lf multiple responses are submitted for the same solicitation, add the response number to the file names:

12A971 OR Company Name Response 1 File 1 of 2.

The "Contractual Agreement Form" must be signed manually in ink or by DoanSign and returned by the opening date and time along with the biddefs solicitation response and any other requirements as stated in this solicitation in order for the biddefs solicitation response to be evaluated.

By signing this Contractual Agreement Form, the bidder guarantees compliance with the provisions stated in this solicitation and agrees to the terms and conditions unless otherurise indicated in writing.

I. SOLICITATIONPREPARATIONCOSTS

The State shall not incur any liability for any costs incurred by bidders in replying to this solicitation, including any activity related to bidding on this solicitation.

J. FAILURE TO COMPLYwlTH SOLICITATION Violation of the terms and conditions contained in this solicitation or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following:

1. Rejection of a biddeCssolicitation response,

2. Withdrawal of the lntent to Award,

3. Wthdrawalof the Award,

4. Negative documentation regarding Vendor Performance,

5. Termination of the resulting contract,

6. Legal action; and

7. Suspension or Debarment of the bidder from further bidding with the State for the period of time relative to the seriousness of the violation.Such period to be within the sole discretion of the State.

K. SOLICITATION RESPONSE CORRECTIONS

A bidder may correct a mistake in an electronically submitted solicitation response prior to the time of opening by uploading a revised and completed solicitation response.

L.

1. lf a correc{ed electronic solicitation response is submitted, the file name(s) date/time stamped with latest date/time stamp will be accepted. The corrected solicitation response file name(s) should be identified as:

a. Corrected 120971 OR,Company Name Response #1 File 1 of 2,

b. Corrected 120971 OR,Company Name Response #2 File 2 of 2, etc.

Changing a solicitation response after opening may bepermitted if the change is made to conect a minor enor that does not affect price, quantity, quality, delivery, or contractual conditions. ln case of a mathematical enor in extension of price, unit price shall govern.

LATE SOLICITATION RESPONSES

Solicitation Responses received after the time and date of the opening will be considered late responses. Late responses will be considered non-responsive. The State is not responsible for responses that are late or lost regardless of cause or fault.

BID OPENING

The opening will consist of opening soticitation responses and announcing the names of bidders. Responses WILL NOT be available for viewing by those present at the opening. Responses will be posted to the State Purchasing Bureau website once an lntent to Award has been posted to the website. Once responses are opened, they become the property of the State of Nebraska and will not be retumed.

SOLICITATION REQUIREMENTS

The bids will first be examined to determine if all requirements listed below have been addressed and whether further evaluation is warranted. Bids not meeting the requirements may be rejected as non-responsive.The requirements are as follows:

Original Contractual AgreementForm signed manually in ink or by DocuSign;

Clarity and responsiveness;

Completed Sections ll throughV;

Completed Cost Sheet.

EVALUATION COMMITTEE

Solicitation Responses are evaluated by members of an Evaluation Committee(s). The Evaluation Committee(s) will consist of individuals selected at the discretion of the State. Names of the members of the Evaluation Commiftee(s) will not be pubtished prior to the intent to award.

Any contact, attempted contact, or attempt to influence an evaluator that is involved with this Solicitation may result in the rejection of this response and further administrative actions.

EVALUATION OF SOLICITATION RESPONSES

All solicitation responses that are deemed responsive to the solicitation will be evaluated based on the following:

Neb. Rev. Stat. $ 73-808allows the State to consider a variety of factors, including, but not limited to, the quality of performance of previous contracts to be considered when evaluating responses to competitive solicitations in determining a responsible bidder.lnformation obtained from any Contract Compliance Request or any Contract Non-Compliance Notice (See Terms & Conditions, Section l.Hl.G) may be used in evaluating responses to solicitations for goods and services to determine the best value for the State.

Neb. Rev. Stat. $ 73-107 allows for a preference for a resident disabled veteran or business located in a designated enterprise zone.When a state contract is to be awarded to the lowest responsible Vendor, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident Vendor, if all other factors are equal.

Resident disabled veterans means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (bXi) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection and (ii) the management and daily business operations of the business are controlled by one or more persons described in subdivision(a) of this subsection. Any contract entered into without compliance with this section shall be null and void.

Therefore' if a resident disabled veteran or business located in a designated enterprise zone submits a solicitation response in accordance with Neb. Rev. Stat. S 73-107 and has so indicated on-tfre "Contrac'tual Agreement Form' under vendor must complete the following" requesting priority/preference to be considered in the award of this-contract, the following will need to be submitted by the Vendor within ten (10) business days of request:

1. Documentation from the United States Armed Forces confirming service,

2. Documentation of discharge or otherwise separated characterization of honorable or general (under honorable conditions),

3. Disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense; and

SPB Form 17 | ITB Template I Effective 12162024

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b.

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4. Documentation which shows ownership and control of a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection; and the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection.

Failure to submit the requested documentation within ten (10) business days of notice will disqualify the Vendor from consideration of the preference.

BEST AND FINAL OFFER

Each bidder should provide its best offer with their original solicitation response and should not expect the State to request a best and final offer (BAFO).

The State reserves the right to conduct more than one. lf requested by the State, the BAFO must be submitted on the BAFO Cost Sheet and in accordance with the State's instructions. Failure to submit a requested BAFO or failure to submit a BAFO in accordance with the State's instructions may result in rejection of the biddeds entire solicitation response. BAFOs may be scored and ranked by the Evaluation Commiftee.

REFERENCE AND CREDIT CHECKS

The State reserves the right to conduct and consider reference and credit checks.The State reserves the right to use third parties to conduct reference and credit checks.By submitting a response to this solicitation, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder's clients.Reference and credit checks may be grounds to reject a solicitation response, withdraw an intent to award, or rescind the award of a contract.

S. AWARD

The State reserves the right to evaluate solicitation responses and award contracts in a manner using criteria selected at the State's discretion and in the State's best interest. After evaluation of the bids, or at any point in the solicitation process, the State of Nebraska may take one or more of the following actions:

1. Amendthesolicitation;

2- Extend the date and time of anopening;

3. Waive deviations or errors in the State's solicitation process and in bidder responses that are not material, do not compromise thesolicitation process or a biddels response, and do not improve a Vendofs competitive position;

4. Accept or reject a portion of or all of a solicitation response;

5. Accept or reject all responses;

6. Withdrawthesolicitation;

7. Elect to re-release thesolicitation;

8. Award single lines or multiple lines to one or more Vendors; or,

9. Award one or more all-inclusive contracts.

The State of Nebraska may consider, but is not limited to considering, one or more of the following award criteria:

1. Price;

2. Location;

3. Quality;

4. Delivery time;

5. Vendor qualifications and capabilities; and

6. State contract management requirements and/or costs.

The solicitation does not commit the State to award a contract.Once intent to award decision has been determined, it will be posted to the internet athttps://das. nebraska.qov/materiel/bidopps. html

Any protests must be filed by a bidder within ten (10) business days afier the intent to award decision is posted to the internetinternet.Grievance and protest procedure is available on at:https://das.nebraska.qov/materiel/docs/NE_DAS Materiel Purchasinq Aqency-SPB Policv 23_07 Protest Policy.pdf

T. LUMP SUM OR "ALL OR NONE" SOLICITATION RESPONSES

The State reserves the right to purchase item-by-item, by groups or as a total when the State may benefit by so doing. Bidders may submit a response on an 'all or none" or "lump sum" basis but should also submit a response on an item-by-item basis. The term 'all or none" means a conditional response which requires the purchase of all items on which responses are offered, and bidder declines to accept award on individual items; a 'lump sum" response is one in which the bidder offers a lower price than the sum of the individual responses if all items are purchased but agrees to deliver individual items at the prices quoted.

'LUMP SUM" OR "ALL OR NONE" RESPONSES SHOULD BE CLEARLY IDENTIFIED

ON THE FIRST PAGE OF THE SOLICITATION AND COST SHEET

U. REJECTION OF SOLICITATION RESPONSES

The State reserves the right to reject any or all responses, wholly or in part, in the best interest of the State.

the

V.

W, PRICES & COST CLARIFICATION

Discount and Price provisions are discussed in Sections lll.F. and lll.G. The State reserves the right to review all aspects of cost for reasonableness and realismas those terms are defined in (Neb. Rev. Stat. 573-810 (1) (a) and (b) The State may request clarification of any solicitationwhere the cost component indicates a significant and unsupported deviation from industry standards or in areas where detailed pricing is required. Under Neb. Rev. Stat. S 73-810 (2), the State may reject a bid if the price is not reasonable or realistic.

SPECIFTCATTONS

Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for reference and not intended to…