6744 OF.pdf

State of Nebraska - INVITATION TO BID

CONTRACT

Date 11/29/22 Page 1 of 1

Solicitation Number 6744 OF

Opening Date and Time 12/19/22 2:00 pm

DESTINATION OF GOODS

GAME & PARKS COMMISSION

WILDLIFE DIV

2200 N 33RD ST

LINCOLN NE 68503-0370

Buyer CHRISTIE KELLY (AS)

BIDDER MUST COMPLETE THE FOLLOWING

DISCOUNT PAYMENT TERMS:________% _________ DAYS

By signing this Invitation to Bid form, the bidder guarantees compliance with the provisions stated in this Invitation to Bid, agrees to the terms and conditions unless otherwise agreed to and certifies that bidder maintains a drug free work place environment. Vendor will furnish the items requested within ______ days after receipt of order. Failure to enter Delivery Date may cause quotation to be REJECTED.

Sign Here (Authorized Signature Mandatory – Form must be signed manually in ink or by DocuSign) Enter Contact Information Below

VENDOR# Contact

VENDOR: Telephone

Address: Email

R43530 NE999003R43530|NE999003 20210114

Per Nebraska's Transparency in Government Procurement Act, DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska contractors. This information is for statistical purposes only and will not be considered for contract award purposes.

_____NEBRASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. "Nebraska Contractor" 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 ITB.

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

Contract to supply and deliver Adult Pen Reared Rooster Pheasants to the State of Nebraska as per the attached specifications for a one (1) year period from date of award. The contract may be renewed for four (4) additional one (1) year periods when mutually agreeable to the vendor and the State of Nebraska.

(11/28/22 sc)

INVITATION

Line Description Quantity Unit of

Measure Unit Price Extended

Price

1 ADULT ROOSTER PHEASANTS FOR 9,110.0000 EA __________ __________

TWO RELEASES AT 19 SITES

IN LATE OCTOBER

2 ADULT ROOSTER PHEASANTS FOR 7,390.0000 EA __________ __________

TWO RELEASES AT 19 SITES

IN LATE NOVEMBER

STATE OF NEBRASKA

GAME AND PARKS COMMISSION

ADULT PENREARED ROOSTER PHEASANTS TO RELEASE SITES

INVITATION TO BID

6744 OF

Page i SPB ITB Boilerplate | 07012019

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this solicitation for a commodity contract, ITB Number 6744 OF for the purpose of selecting a qualified Bidder to provide Adult Pen-reared Rooster Pheasants to Nebraska Release Sites Prior to the Youth Season (Late October) and Thanksgiving Weekend (Late November). A more detailed description can be found in Section VI. The resulting contract may not be an exclusive contract as the State reserves 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 Bidder. The Contract includes the option to renew for four (4) additional one (1) year 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.

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

http://das.nebraska.gov/materiel/purchasing.html

PUBLIC POSTING NOTICE:

Pursuant to the Taxpayer Transparency Act (Neb. Rev. Stat. §§ 84-602.01 to 84-602.04) and in furtherance of public records statutes (Neb. Rev. Stat. § 84-712 et seq.), State contracts, must be posted to a public website. The resulting Contract, the ITB, and the successful Bidder’s entire bid and response will be posted to a public website managed by DAS, which can be found at:

https://statecontracts.nebraska.gov & https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php

In addition and in furtherance of the State’s public records Statute (Neb. Rev. Stat. § 84-712 et seq.), all bids or responses received regarding this solicitation will be posted to the SPB public website. These postings will include the entire bid.

When submitting proprietary information, the following steps must be followed:

1. The bidder(s) must request that proprietary information be excluded from the posting;

2. The bidder must identify and mark the proprietary information with the words "PROPRIETARY INFORMATION" according to State law;

3. Any proprietary information must be submitted as a separate electronic file(s) titled “PROPRIETARY INFORMATION” or in a separate container or envelope marked conspicuously;

a. If file(s) are submitted electronically they must not be password protected.

4. The bidder must 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.

a. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient (See Attorney General Opinion No. 92068, April 27, 1992).

5. The bidder may not assert that the entire bid is proprietary.

6. Bids will not be considered proprietary and are a public record in 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. § 84-712.05, the State will consider all information a public record subject to disclosure.

If the Agency determines it is required to release Proprietary information, the bidder will be informed. It will be the bidder's responsibility to defend the bidder's 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 bid to this solicitation for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a bid to this solicitation, specifically waives any copyright or other protection the bidder bid to the solicitation may have; and, acknowledges that they have the ability and authority to enter into such waiver. This reservation and waiver is a prerequisite for submitting a bid to this solicitation, and award of a contract. Failure to agree to the reservation and waiver will result in the bid to the solicitation being found non-responsive and rejected.

Any entity awarded a contract or submitting a bid to the solicitation agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against https://statecontracts.nebraska.gov/

INVITATION TO BID

6744 OF

Page ii 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 attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the bids and responses to the solicitation, awards, and other documents.

If the Bidder wishes to withhold proprietary or other commercial information from disclosure, the Bidder must do the following:

a. Identify the Proprietary Information;

b. Mark the Proprietary Information; and

c. Submit the Proprietary Information under separate cover marked clearly using an indelible method with the words

“PROPRIETARY INFORMATION”.

d. The mere assertion that information is Proprietary or that a speculative Business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE BID IS PROPRIETARY. COST WILL NOT BE CONSIDERED PROPRIETARY AND IS A PUBLIC RECORD

SUBJECT TO DISCLOSURE.

The State may require a Bidder to submit more information, including, but not limited to, a detailed explanation as to how and why the designated information is Proprietary.

The State will determine, in its sole discretion, if the disclosure of the designated Proprietary Information would:

a. Give advantage to Business competitors; and

b. Serve no public purpose.

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

In the event that disclosure of Proprietary Information is ordered or requested, it will be the Bidder’s responsibility to assert and defend the non-disclosure.

To facilitate public postings, with the exception of Proprietary Information, the State reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, bid, or response to this ITB for any purpose, and to authorize others to use the documents. Any individual or entity Awarded a contract, or who submits a bid in response to this ITB, specifically waives any Copyright or other protection the contract, bid, or response to the ITB 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 a bid or response to this ITB, and Award of a contract. Failure to agree to the reservation and waiver will result in the bid being found non-responsive and rejected.

Any entity Awarded a contract or submitting a bid or response to the ITB agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, Agents, and its elected and appointed officials 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 attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the bids and responses to the ITB, Awards, and other documents.

Page iii

TABLE OF CONTENTS

GLOSSARY OF TERMS ............................................................................................................................................................................ v

ACRONYM LIST ..................................................................................................................................................................................... viii

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Statutory)

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE ITB

H. ELECTRONIC SUBMISSION OF BIDS

I. BID PREPARATION COSTS

J. BID CORRECTIONS

K. LATE BIDS

L. BID OPENING

M. ITB REQUIREMENTS

N. EVALUATION OF BIDS

O. BEST AND FINAL OFFER

P. REFERENCE AND CREDIT CHECKS

Q. AWARD

R. DISCOUNTS

S. PRICES

T. SPECIFICATIONS

U. ALTERNATE/EQUIVALENT BIDS

V. LUMP SUM OR ”ALL OR NONE” BIDS

W. EMAIL SUBMISSIONS

X. BID TABULATIONS

Y. REJECTION OF BIDS

Z. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. PCO REPRESENTATIVE

D. GOVERNING LAW (Statutory)

E. AMENDMENT

F. SUBSTITUTIONS

G. VENDOR PERFORMANCE REPORT(S)

H. NOTICE OF POTENTIAL BIDDER BREACH

I. BREACH

J. NON-WAIVER OF BREACH

K. SEVERABILITY

L. INDEMNIFICATION

M. ATTORNEY'S FEES

N. ASSIGNMENT, SALE, OR MERGER

O. CONTRACTING WITH OTHER POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE

P. FORCE MAJEURE

Q. CONFIDENTIALITY

R. EARLY TERMINATION

S. CONTRACT CLOSEOUT

III. BIDDER DUTIES

A. INDEPENDENT BIDDER / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

(Statutory)

D. COOPERATION WITH OTHER BIDDERS

Page iv

E. COST CLARIFICATION

F. PERMITS, REGULATIONS, LAWS

G. NOTICE OF POTENTIAL BIDDER BREACH

H. ANTITRUST

I. CONFLICT OF INTEREST

J. STATE PROPERTY

K. SITE RULES AND REGULATIONS

L. ADVERTISING

M. DISASTER RECOVERY/BACK UP PLAN

N. DRUG POLICY

O. WARRANTY

IV. PAYMENT

A. PROHIBITION AGAINST ADVANCE PAYMENT (Statutory) B. TAXES (Statutory)

C. INVOICES

D. PAYMENT (Statutory) E. LATE PAYMENT (Statutory) F. SUBJECT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Statutory) G. RIGHT TO AUDIT (First Paragraph is Statutory)

V. SCOPE

A. SCOPE

VI. TECHNICAL SPECIFICATIONS

A. BIDDER INSTRUCTIONS

B. NON-COMPLIANCE STATEMENT

C. ADULT PEN-REARED ROOSTER PHEASANTS

D. TRANSPORTATION OF ROOSTERS

E. ANNUAL USAGE, ESTIMATED

F. TRANSPORTATION, LOCATIONS, AND ESTIMATED ANNUAL USAGE OF ADULT ROOSTER PHEASANTS FOR

LATE OCTOBER EACH YEAR:

G. TRANSPORTATION, LOCATIONS, AND ESTIMATED ANNUAL USAGE OF ADULT ROOSTER PHEASANTS FOR

LATE NOVEMBER EACH YEAR:

H. TRANSPORTATION AFTER RECEIPT OF ORDER

I. REQUIRED TESTING

J. USAGE REPORT

K. INVOICING

L. ORDERS

M. QUALITY

N. PACKAGING

O. QUALITY

P. WARRANTY

Page v

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: Something to be added or deleted to an existing document; a supplement

Agency: Using agencies shall mean and include all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations

Agent/Representative: A person authorized to act on behalf of another

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

Amendment: A written correction 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: Electronic network for financial transactions in the United States

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

Best and Final Offer: In a competitive bid, the final offer submitted which contains bidder’s most favorable terms for price

Bidder: A contractor who submits a bid in response to a written solicitation

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

Business: Any corporation, partnership, 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 bid, purchase order or contract without expectation of conducting or performing at a later time

Collusion: An agreement or cooperation between two (2) or more persons or entities to accomplish a fraudulent, deceitful, or unlawful 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

Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive

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

Contract Period: The duration of the contract

Page vi

Contractor: An individual or entity lawfully conducting business in the State, who seeks or agrees to provide goods or services under the terms of a written contract.

Cooperative Purchasing: The combining of requirements of two (2) or more political 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

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or goods provided by a Bidder

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 bid after opening to determine the bidder’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award

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”

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

Grievance: A complaint about a governmental action or decision related to the solicitation or resultant contract, brought by a bidder who has timely submitted a bid response in connection with the award in question, to AS Materiel Division or another designated agency with the intention of achieving a remedial result

Interested Party: A person, acting in their personal capacity, or an entity entering into a contract or other agreement creating a legal interest therein

Invalid Bid: A bid that does not meet the requirements of the solicitation or cannot be evaluated against the other bids.

Invitation to Bid: A written solicitation utilized for obtaining competitive offers for Services or Goods

Late Bid: An offer received after the Opening Date and Time

Mandatory: Required, compulsory, or obligatory

May: Discretionary, permitted; used to express possibility

Must: See “Mandatory”

National Institute for Governmental Purchasing: Source used for assignment of universal commodity codes to goods and services

Open Market Purchase: Authorization may be given to an agency to purchase items above direct purchase authority due to the unique nature, price, quantity, location of the using agency, or time limitations by the AS Materiel Division, SPB

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

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

Payroll & Financial Center: Electronic procurement system of record

Point of Contact: 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 goods to be provided under the contract

Proposal: An offer, bid, or quote submitted by a contractor/vendor in a response to a written solicitation

Page vii

Proprietary Information: Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and service no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification 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

Protest: See “Grievance”

Public Bid Opening: The process of opening correctly submitted offers at the time and place specified in the written solicitation and in the presence of anyone who wished to attend

Quote: See “Bid”

Release Date: The date of public release of the written solicitation to seek offers

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

Request for Information: A general invitation to bidder is requesting information for a potential future solicitation. The RFI is typically used as a research and information gathering tool for preparation of a solicitation

Responsible Bidder: A Bidder who 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 Bidder who has submitted a bid which conforms to all requirements of the solicitation document

Shall: See “Mandatory”

Should: Expected; suggested, but not necessarily mandatory

Software License: Legal instrument with or without printed material that governs the use or redistribution of licensed software

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

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

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

Termination: Occurs when the contract expires or either party, pursuant to a power created by agreement or law puts an end to the contract prior to the stated expiration date. All obligations which are 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 fiduciaries, shareholders, owners, officers, managers, employees, legally disinterested persons, and sub-contractors or agents, and their employees. It shall not include any entity or person who is an interested Party to the contract or agreement

Trade Secret: Information, 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 bidder to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office

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

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.

Vendor: Inclusive term for any Bidder or Contractor.

Will: See “Mandatory”

Page viii

ACRONYM LIST

ACH: Automated Clearing House

ARO: After Receipt of Order

BAFO: Best and Final Offer

FOB: Free on Board

ITB: Invitation to Bid

NGPC: Nebraska Game and Parks Commission

NIGP: National Institute for Governmental Purchasing

NRD: National Resources District

PCO: Procurement Contracts Officer

POC: Point of Contact

RFI: Request for Information

WMA: Wildlife Management Area

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

This ITB is designed to solicit bids from qualified Bidders who will be responsible for providing Adult Pen-reared Rooster Pheasants to Nebraska Release Sites at a competitive and reasonable cost.

The State may utilize this ITB to procure Adult Pen-reared Rooster Pheasants to Nebraska Release Sites following the Intent to Award, provided the Bidders honor and agree to their bids in this ITB.

Bidders shall respond to each requirement in the format prescribed with emphasis on conformance to the ITB. Bids should be clear and complete. Bids may be found non-responsive if they do not conform to the prescribed format and/or if not presented clearly or are difficult to discern.

By signing the ITB, the Vendor guarantees compliance with the provisions stated in this ITB.

The State reserves the right to reject a Bidder’s bid, withdraw an Intent to Award, and terminate a contract...

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

Procurement responsibilities related to this solicitation reside with SPB. The POC for the procurement is as follows:

ITB# 6744 OF

Name: Christie Kelly, PCO Agency: SPB Address: 1526 K Street, Suite 130 Lincoln, NE 68508

Telephone: 402-471-6500

E-Mail: as.materielpurchasing@nebraska.gov

From the date the solicitation is issued until the Intent to Award is issued, communication from the Bidder is limited to the POC listed above. After the Intent to Award is issued, the Bidder 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 Evaluator is empowered to make binding statements regarding this solicitation. The POC will issue any answers, clarifications, or amendments regarding this solicitation in 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:

Contact made pursuant to pre-existing contracts or obligations;

Contact required by the schedule of events, or an event scheduled later by POC; and Contact required for negotiation and execution of the final contract.

The State reserves the right to reject a bidder’s bid, withdraw an Intent to Award, or terminate a contract if the State determines there has been a violation of these procurement procedures.

mailto:as.materielpurchasing@nebraska.gov

C. SCHEDULE OF EVENTS

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

ACTIVITY DATE/TIME

1. 1 ITB Posted to Website at:

https://das.nebraska.gov/materiel/bidopps.html#

November 29, 2022

2. 9

Last day to submit written questions.

Upload questions for 6744 OF via ShareFile to:

https://nebraska.sharefile.com/r-rc94f170089a441da85ed12a97a2bca1f

December 6, 2022

3. 1

State responds to written questions through an Addendum to be posted to the Internet at:

https://das.nebraska.gov/materiel/bidopps.html#

December 13, 2022

4. 1

Electronic Bid Opening via Zoom:

Upload electronic Bid submissions for 6744 OF via ShareFile to:

https://nebraska.sharefile.com/r-rea2db27a60ae4df1a027010912762de7

Zoom Meeting Information:

https://us02web.zoom.us/j/7318536781?pwd=cHRFNDJzRzBwSitiVDZSQy tEa2Zwdz09

Meeting ID: 731 853 6781 Passcode: 4Gkv2t

IT IS THE BIDDERS’ RESPONSIBILITY TO ENSURE ALL BIDS SHALL

BE SUBMITTED AND RECEIVED BY THE DATE AND TIME INDICATED

IN THE SCHEDULE OF EVENTS FOR EACH BID SUBMITTED.

December 19, 2022

2:00 PM

Central Time

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any aspect of this ITB should be submitted in writing to SPB and clearly titled “ITB Number 6744 OF Adult Pen-reared Rooster Pheasants to Nebraska Release Sites Questions”. The POC is not obligated to respond to questions which are received late per the Schedule of Events.

Questions should be uploaded to ShareFile at https://nebraska.sharefile.com/r-rc94f170089a441da85ed12a97a2bca1f.

Bidder Should present, as questions, any assumptions upon which the Bidder's bid is or might be developed. Bids will be evaluated without consideration of any known or unknown assumptions. The Contract will not incorporate any known or unknown assumptions.

It is recommended that Bidders submit questions using the following format. Bidder

Solicitation Section Reference

Solicitation Page Number

Question

Written answers will be posted at https://das.nebraska.gov/materiel/bidopps.html as shown in the Schedule of Events.

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Statutory) All Bidders must be authorized to transact business in the State and comply with all Nebraska Secretary of State Registration requirements. The Bidder who is the recipient of an Intent to Award will be required to certify that it has complied and produce a true and correct copy 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 proprietorship and the United States Citizenship Attestation Form, available on the DAS website at: http://das.nebraska.gov/materiel/purchasing.html. This must be accomplished prior to execution of the contract.

https://das.nebraska.gov/materiel/bidopps.html https://nebraska.sharefile.com/r-rc94f170089a441da85ed12a97a2bca1f https://das.nebraska.gov/materiel/bidopps.html https://nebraska.sharefile.com/r-rea2db27a60ae4df1a027010912762de7 https://nebraska.sharefile.com/r-rea2db27a60ae4df1a027010912762de7 https://us02web.zoom.us/j/7318536781?pwd=cHRFNDJzRzBwSitiVDZSQytEa2Zwdz09 https://us02web.zoom.us/j/7318536781?pwd=cHRFNDJzRzBwSitiVDZSQytEa2Zwdz09 https://nebraska.sharefile.com/r-rc94f170089a441da85ed12a97a2bca1f

F. ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject bids, withdraw an intent to award or award, or terminate a contract if a Bidder commits or has committed ethical violations, which include, but are not limited to:

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;

Utilize the services of lobbyists, attorneys, political activists, or consultants to influence or subvert the bidding process;

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

Submitting a bid on behalf of another party or entity;

Collude with any person or entity to influence the bidding process, submit sham bids, preclude bidding, fix pricing or costs, create an unfair advantage, subvert the bid, 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 successful Bidder and their subcontractors.

G. DEVIATIONS FROM THE ITB

The requirements contained in the ITB become a part of the Terms and Conditions of the Contract resulting from this ITB. Any Deviations from the ITB must be clearly defined by the Bidder in its bid and, if accepted by the State, will become part of the Contract. Deviations must not be in conflict with the nature of the ITB, requirements or applicable State or Federal law. The State discourages Deviations and reserves the right to reject proposed Deviations.

H. ELECTRONIC SUBMISSION OF BIDS

All bids must be submitted to SPB in the matter set forth below. It is the Bidder’s responsibility to submit the Electronic Bid(s) and be received by the date and time of the Bid Opening indicated in the Schedule of Events. The State is not responsible for bids that are late or lost, regardless of cause (e.g., hardware, software, or electronic failure) or fault. Late bids will not be accepted.

1. UPLOADING ELECTRONIC BID(S) TO SHAREFILE

(SUBMITTED DOCUMENTS MUST NOT BE PASSWORD PROTECTED)

a. Bidders should upload bid(s) via ShareFile to: https://nebraska.sharefile.com/r-rea2db27a60ae4df1a027010912762de7

b. Each bid will have an individual ShareFile link. Bidders must sure to upload their Bid(s) to the correct ShareFile link.

c. Not all browsers are compatible with ShareFile. Currently Chrome, Internet Explorer and Firefox are compatible, but Microsoft Edge is not.

d. After the bidder clicks the bid submission link, the bidder will be prompted to enter contact information including an e-mail address so that the bidder will receive a confirmation email confirming the successful upload directly from ShareFile.

e. If it is the bidder’s intent to submit multiple bids, the bidder must clearly identify each submission separately (see “Electronic ITB File Names” below).

f. The Bidder is solely responsible for any variance between the copies submitted.

g. If multiple bids are submitted, the State will retain only the most recently submitted bid.

h. Any Proprietary information (if applicable) should be uploaded as separate and distinct files.

i. Do not submit bid file(s) more than 30 days prior to the Bid Opening. Once uploaded the bid documents are only available for 30 days.

2. ELECTRONIC ITB FILE NAMES

a. The Bidder should clearly identify the uploaded Bid files.

b. DO NOT ADD any language to the naming conventions below. Long titles can make the files difficult to work with.

https://nebraska.sharefile.com/r-rea2db27a60ae4df1a027010912762de7 https://nebraska.sharefile.com/r-rea2db27a60ae4df1a027010912762de7

c. If the bidder submits the bid/bid documents as one (1) complete packet (preferred method), please use the following naming convention:

• 6744 OF Adult Rooster Pheasants NAME OF BIDDER Bid.

d. If the bidder submits the bid/bid documents as separate files, please use the following naming convention(s):

• 6744 OF Adult Rooster Pheasants NAME OF BIDDER Bid/File 1/File 2, etc.…

e. If multiple bids are submitted for the same ITB number and Attachment, follow the same naming convention as letter “e”, for example:

• 6744 OF Adult Rooster Pheasants NAME OF BIDDER Bid 2/Bid 2 File 1/Bid 2 File 2, etc...

SPB will ONLY accept bids by mail, email, voice, or telephone for one-time purchases under $50,000.00.

It is the responsibility of the Bidder to check the website often at https://das.nebraska.gov/materiel/bidopps.html for all information relevant to this ITB to include Addenda issued prior to the Opening Date and Time.

I. BID PREPARATION COSTS

The State shall not incur any liability for any costs incurred by Bidders responding to this ITB, including, for example, costs associated with the submission of the bid FAILURE TO COMPLY WITH ITB, 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:

Rejection of a Contractor’s bid;

Withdrawal of the Intent to Award;

Withdrawal of the Award;

Negative Vendor Performance Report(s) Termination of the resulting contract;

Legal action; or, Suspension of the Contractor 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.

J. BID CORRECTIONS

A contractor may correct a mistake in a bid prior to the time of opening by giving written notice to the State of intent to withdraw the bid for modification or to withdraw the bid completely. Changing a bid after opening may be permitted if the change is made to correct a minor error that does not affect price, quantity, quality, delivery, or contractual conditions. In case of a mathematical error in extension of price, unit price shall govern.

K. LATE BIDS

Bids received after the time and date of the bid opening will be considered late bids. Late bids will be returned unopened, if requested by the Bidder and at Bidder’s expense. The State is not responsible for bids that are late or lost regardless of cause or fault.

L. BID OPENING

Anyone may attend the opening. It is considered a public opening. The PCO will read the names of the respondents. Depending upon the complexity of the bid for goods, the PCO may read the bids aloud or allow bids to be available for viewing by the public during the bid opening. Once the bid opening has concluded, the bids will not be available for viewing until the Intent to Award has been posted. An initial bid tabulation will be posted to the website as soon as feasible. Information identified as proprietary by the submitting contractor, in accordance with the solicitation and state statute, will not be posted. If the state determines submitted information should not be withheld, in accordance with the Public Records Act, or if ordered to release any withheld information, said information may then be released. The submitting contractor will be notified of the release and it shall be the obligation of the submitting contractor to take further action if it believes the information should not be released.

M. ITB 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:

Original Commodity ITB form signed using an indelible method (electronic signatures are acceptable);

Clarity and responsiveness of the bid;

Completed Sections II through VI;

Completed ITB Form or State’s Cost Sheet.

N. EVALUATION OF BIDS

Neb. Rev. Stat. § 81-161 allows the quality of performance of previous contracts to be considered when evaluating responses to competitively bid solicitations in determining the lowest responsible bidder. Information obtained from any https://ago.nebraska.gov/public_records/statutes

Vendor Performance Report (See Terms & Conditions, Section H) 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 contractor, 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 contractor, 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 (b)(i) 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 bid in accordance with Neb. Rev. Stat. §73-107 and has so indicated on the ITB cover page under “Contractor 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 contractor 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

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 contractor from consideration of the preference.

O. BEST AND FINAL OFFER

If BAFOs are requested by the State and submitted by the bidder, they will be evaluated (using the stated BAFO criteria) and ranked by the Evaluation Committee. The State reserves the right to conduct more than one BAFO. The award will then be granted to the lowest responsible contractor. However, a contractor should provide its best offer in its original bid. Contractors should not expect that the State will request a BAFO.

P. 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 bid in response to this solicitation, the contractor grants to the State the right to contact or arrange a visit in person with any or all of the contractor’s clients. Reference and credit checks may be grounds to reject a bid, withdraw an intent to award, or rescind the award of a contract.

Q. AWARD

The State reserves the right to evaluate bids and award contracts in a manner utilizing 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. Amend the solicitation;

2. Extend the time of or establish a new bid opening time;

3. Waive deviations or errors in the State’s solicitation process and in contractor bids that are not material, do not compromise the solicitation process or a contractor’s bid, and do not improve a contractor’s competitive position;

4. Accept or reject a portion of or all of a bid;

5. Accept or reject all bids;

6. Withdraw the solicitation;

7. Elect to rebid the solicitation;

8. Award single lines or multiple lines to one or more contractors; 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. Contractor qualifications and capabilities;

6. State contract management requirements and/or costs; and,

7. Transportation and delivery of birds.

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 at:

http://das.nebraska.gov/materiel/purchasing.html

Any protests must be filed by a contractor within ten (10) business days after the intent to award decision is posted to the Internet.

Grievance and protest procedure is available on the Internet at:

R. DISCOUNTS

Prices quoted shall be inclusive of ALL trade discounts. Cash discount terms of less than 30 days will not be considered as part of the bid. Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later.

S. PRICES

Prices quoted shall be net, bidder must identify if they are including transportation and delivery as part of their bid.

If the Roosters are delivered the delivery charges are FOB Destination which means the delivery charges are included in the quoted price, prepaid by the Bidder, and the Bidder is responsible for all claims associated with damages during delivery of product.

If the Roosters are picked up by NGPC Staff the delivery charges are FOB Origin which means the delivery charges are not included in the quoted price, are the responsibility of the Agency, and the Agency is responsible for all claims associated with damages during transportation of the Roosters.

No additional charges will be allowed for packing, packages, or partial delivery costs. When an arithmetic error has been made in the extended total, the unit price will govern.

Prices submitted on the Bid Sheet, once accepted by the State, shall remain fixed and valid commencing on the opening date of the bid and shall remain firm for the first year of the contract award.

Any request for a price increase subsequent to the first year must be submitted in writing to SPB a minimum of thirty (30) days.

Documentation must be provided to support the price increase.

The State reserves the right to deny any requested price increase. No price increases are to be billed to any State Agencies prior to written amendment of the contract by the parties.

If the Vendor requests to substitute any contracted item and the substitute meets or exceeds the original specifications, the State may accept or reject the substitution.

If the Vendor requests to substitute any contracted item, which meets or exceeds the original specifications, and the cost of the substitute is higher, the State may accept or reject the substitution and price change.

If the State and the Vendor do not agree to the requested substitution and price change, the Contract may be terminated immediately by the State. In the event any product is discontinued or replaced upon mutual consent and prior to delivery during the Contract Period the State reserves the right to amend the contract or purchase order to include the alternate product.

***Vendor will not substitute any item that has been Awarded without prior written approval of SPB***

The State will be given full proportionate benefit of any decreases for the term of the contract.

T. SPECIFICATIONS

Any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are for reference and not intended to limit competition but will be used as the standard by which equivalent material offered will be judged. The Materiel Administrator will be the sole judge of equivalency. The Bidder may offer any brands which meets or exceeds the specification. When a specific product is required, the solicitation will so state. Any item bid is to be the latest current model under standard production at the time of order. No used or refurbished equipment will be accepted, unless otherwise stated.

U. ALTERNATE/EQUIVALENT BIDS

Contractor may offer bids which are at variance from the express specifications of the solicitation. The State reserves the right to consider and accept such bids if, in the judgment of the Materiel Administrator, the bid will result in goods and/or services equivalent to or better than those which would be supplied in the original bid specifications. Contractor must indicate on the solicitation the manufacturer’s name, number and shall submit with their bid, sketches, descriptive literature and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements are subject to rejection. In the absence of any stated deviation or exception, the bid will be accepted as in strict compliance with all terms, conditions and specification, and the Contractor shall be held liable, therefore.

V. LUMP SUM OR ”ALL OR NONE” BIDS

The State reserves the right to purchase item-by-item, by groups or as a total when the State may benefit by so doing.

Contractors may submit a bid on an “all or none” or “lump sum” basis but should also submit a bid on an item-by-item basis.

The term “all or none” means a conditional bid which requires the purchase of all items on which bids are offered and Contractor declines to accept award on individual items; a “lump sum” bid is one in which the Contractor offers a lower price than the sum of the individual bids if all items are purchased but agrees to deliver individual items at the prices quoted.

“LUMP SUM” OR “ALL OR NONE” BIDS SHOULD BE CONSPICUOUSLY MARKED ON THE FIRST PAGE OF THE ITB

AND BID SHEET (IF APPLICABLE)

W. EMAIL SUBMISSIONS

SPB will not accept bids by email, electronic, voice, or telephone bids except for one-time purchases under $50,000.00.

X.