6751 OF 1-26-23 ITB revising washed FINAL.pdf

Page i SPB ITB Boilerplate | 07012019

INVITATION TO BID

Number 6751 OF

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this solicitation for a contract, ITB Number 6751 OF for the purpose of selecting a qualified Vendor to provide .25” Washed , 1.0”, and 1.5” Crushed Chip Rock to NDOT. 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 Vendor. The Contract 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.

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

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

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.02, State contracts in effect as of January 1, 2014, and contracts entered into thereafter, must be posted to a public website. The resulting contract, the solicitation, and the successful Vendor’s bid or response will be posted to a public website managed by DAS, which can be found at:

https://statecontracts.nebraska.gov

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

These postings will include the entire proposal or response. Vendor must request that proprietary information be excluded from the posting. The Vendor must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate container or envelope marked conspicuously using an indelible method with the words "PROPRIETARY INFORMATION". The Vendor 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. 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 VENDOR MAY NOT ASSERT THAT THE ENTIRE BID OR RESPONSE IS PROPRIETARY. COST WILL NOT BE CONSIDERED PROPRIETARY AND IS A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will then determine, in its discretion, if the interests served by nondisclosure outweighs any public purpose served by disclosure. (See Neb. Rev. Stat. § 84-712.05(3)) The Vendor will be notified of the agency's decision. Absent a State determination that information is proprietary, the State will consider all information a public record subject to release regardless of any assertion that the information is proprietary.

If the agency determines it is required to release proprietary information, the Vendor will be informed. It will be the Vendor's responsibility to defend the Vendor'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, proposal, or response 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 proposal or response to this solicitation, specifically waives any copyright or other protection the contract, proposal, or response 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 proposal or response to this solicitation, and award of a contract. Failure to agree to the reservation and waiver will result in the proposal or response to the solicitation being found non-responsive and rejected.

Any entity awarded a contract or submitting a proposal or response 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 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 proposals and responses to the solicitation, awards, and other documents.

https://statecontracts.nebraska.gov/

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TABLE OF CONTENTS

INVITATION TO BID ............................................................................................................................................................................. i TABLE OF CONTENTS ....................................................................................................................................................................... ii GLOSSARY OF TERMS ..................................................................................................................................................................... iv 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 INVITATION TO BID

H. SUBMISSION OF BIDS

I. BID PREPARATION COSTS

J. FAILURE TO COMPLY WITH INVITATION TO BID

K. BID CORRECTIONS

L. LATE BID

M. BIDS OPENING

N. INVITATION TO BID REQUIREMENTS

O. EVALUATION OF BIDS

P. BEST AND FINAL OFFER

Q. REFERENCE AND CREDIT CHECKS

R. AWARD

S. SPECIFICATIONS

T. SAMPLES

U. ALTERNATE/EQUIVALENT BIDS

V. LUMP SUM OR” ALL OR NONE” BIDS

W. EMAIL SUBMISSIONS

X. BIDS TABULATIONS

Y. REJECTION OF BIDS

Z. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

A. NOTIFICATION

B. PCO REPRESENTATIVE

C. GOVERNING LAW (Statutory)

D. AMENDMENT

E. SUBSTITUTIONS

F. VENDOR PERFORMANCE REPORT(S)

G. NOTICE OF POTENTIAL VENDOR BREACH

H. BREACH

I. NON-WAIVER OF BREACH

J. SEVERABILITY

K. INDEMNIFICATION

L. ATTORNEY'S FEES

M. ASSIGNMENT, SALE, OR MERGER

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

O. FORCE MAJEURE

P. CONFIDENTIALITY

Q. EARLY TERMINATION

III. VENDOR DUTIES

A. INDEPENDENT VENDOR OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Statutory)

D. COOPERATION WITH OTHER VENDORS

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E. DISCOUNTS

F. PRICES

G. COST CLARIFICATION

H. PERMITS, REGULATIONS, LAWS

I. NOTICE OF POTENTIAL VENDOR BREACH

J. ANTITRUST

K. CONFLICT OF INTEREST

L. STATE PROPERTY

M. SITE RULES AND REGULATIONS

N. ADVERTISING

O. DISASTER RECOVERY/BACK UP PLAN

P. DRUG POLICY

Q. WARRANTY

IV. PAYMENT

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

C. INVOICES

D. INSPECTION AND APPROVAL

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

V. SCOPE OF WORK

A. SCOPE

VI. TECHNICAL SPECIFICATIONS

A. VENDOR INSTRUCTIONS

B. NON-COMPLIANCE STATEMENT

C. MATERIAL SPECIFICATIONS FOR .25”, 1.0”, and 1.5” WASHED CRUSHED CHIP ROCK

D. DURABILITY – SECTION 1033 IS AMENDED TO INCLUDE THE FOLLOWING:

E. ANNUAL USAGE, ESTIMATED

F. USAGE REPORT

G. DELIVERY ARO TIME FRAME AND INSTRUCTIONS

H. DELIVERY LOCATIONS / INSTRUCTIONS

I. DELIVERY PROCESS AND INSTRUCTIONS

J. DELIVERY FOR ALTERNATE LOCATIONS, FREIGHT FACTOR INCREASE / DECEREASE

K. ORDERS

L. QUALITY

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

After Receipt of Order: After Receipt of Order.

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 vendor’s most favorable terms for price

Bidder: A vendor who submits an offer 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.

Catalog/Non-Core: A printed or electronic list of products a vendor may provide at a discounted rate or discount off list price to the State. Initial contract award(s) is not based on Catalog/Non-Core items.

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

Collusion: An agreement or cooperation between two 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.

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

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.

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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 Vendor.

Contract Period: The duration of the contract.

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 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.

Core List: Items specifically listed on the solicitation upon which a bid is evaluated for award.

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or goods 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 an offer after opening to determine the vendor’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”.

Free on-Board Destination: The delivery charges are included in the quoted price and prepaid by the vendor. Vendor is responsible for all claims associated with damages during delivery of product.

Free on-Board 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, government, or country.

Installation Date: The date when the procedures described in “Installation by Vendor “, and “Installation by State”, as found in the solicitation, or contract are completed.

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 proposals.

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: National Institute of 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, State Purchasing Bureau.

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

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.

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Platform: A specific hardware and Operating System combination that is different from other hardware and Operating System combinations to the extent that a different version of the Licensed Software product is required to execute properly in the environment established by such hardware and Operating System combination

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

Pre-Proposal Conference: A meeting scheduled for the purpose of clarifying a written solicitation and related expectations.

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 vendor in a response to a written solicitation.

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

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 vendor 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 Vendor: A Vendor who has the capability in all respects to perform fully and lawfully all requirements with integrity and reliability to assure good faith performance.

Responsive Vendor: A Vendor who has submitted a bid which conforms to all requirements of the solicitation document.

Shall: See “Mandatory”.

Should: Expected; suggested, but not necessarily mandatory.

Sole Source – Commodity: When an item is available from only one source due to the unique nature of the requirement, its vendor, or market conditions.

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.

Sub-contractor: Individual or entity with whom the vendor enters a contract to perform a portion of the work awarded to the vendor.

System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function or is represented by the Vendor as functioning or being capable of functioning, as an entity.

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.

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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 vendor 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 Vendor.

Will: See “Mandatory”

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ACRONYM LIST

AASHTO- American Association of State Highway and Transportation Officials

ARO – After Receipt of Order

ACH – Automated Clearing House

ASTM- American Society for Testing and Materials

AS- Administrative Services

BAFO – Best and Final Offer

COI – Certificate of Insurance

CPU – Central Processing Unit

DAS – Department of Administrative Services

DIST- District

F.O.B. – Free on Board

HWY- Highway

ITB – Invitation to Bid

NA- Not applicable

NDOT- Nebraska Department of Transportation

NIGP – National Institute for Governmental Purchasing

PA – Participating Addendum

RFI – Request for Information

RFP – Request for Proposal

SPB – State Purchasing Bureau

TBD- To Be Determined

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The solicitation is designed to solicit bids from qualified Vendors who will be responsible for providing. .25” Washed , 1.0”, and 1.5” Crushed Chip Rock at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Bid instructions, and Cost Bid Requirements may be found in Sections II through VI.

Proposals shall conform to all instructions, conditions, and requirements included in the ITB. Prospective Vendor’s are expected to carefully examine all documents, schedules, and requirements in this ITB, and respond to each requirement in the format prescribed. Bids may be found non-responsive if they do not conform to the ITB.

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

Procurement responsibilities related to this solicitation reside with SPB. The point of contact (POC) for the procurement is as follows:

Name: Brenda Sensibaugh, Procurement Contracts Officer Agency: State Purchasing Bureau 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 Vendor is limited to the POC listed above. After the Intent 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 Committee 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. Vendors 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 vendor’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. Release ITB January 26, 2023

2.

Last day to submit written questions

Upload Electronic Questions via Sharefile link:

https://nebraska.sharefile.com/r-r6330556944a74d8aaba975a17e814347

February 2, 2023

3.

State responds to written questions through a solicitation “Addendum” and/or “Amendment” to be posted to the Internet at:

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

February 8, 2023

4.

Upload Electronic Bid via Sharefile link:

https://nebraska.sharefile.com/r-r093d347de0b54f3cb78155de622cf8c8

IT IS THE BIDDER’S RESPONSIBILITY TO UPLOAD ELECTRONIC

FILES WITH AN ADEQUATE AMOUNT OF TIME IN CASE OF USER

ISSUE, SOFTWARE ISSUE OR BROWSER ISSUE.

Topic: 6751 OF Bid Opening Time: February 27, 2023, 2:00 PM Central Time (US and Canada)

Join Zoom Meeting https://us02web.zoom.us/j/2629176739?pwd=NkhobXNpOU94UmFmTG1w YmJqTXhpUT09

Meeting ID: 262 917 6739 Passcode: 5VwBuR One tap mobile +13462487799,2629176739#, *722624# US (Houston)

+16694449171,2629176739#, *722624# US

It is the bidder’s responsibility to make sure they are able to join the zoom meeting prior to the meeting.

February 27, 2023

2:00 PM

Central Time

5. Post “Notification of Intent to Award” to Internet at:

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

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any solicitation provision must be submitted in writing to SPB and clearly marked “ITB Number 6751 OF; 25” Washed , 1.0”, and 1.5” Crushed Chip Rock Questions”. POC is not obligated to respond to questions that are received late per the Schedule of Events.

Questions should be uploaded to ShareFile at but may also be emailed.

https://nebraska.sharefile.com/r-r6330556944a74d8aaba975a17e814347

The 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.

Solicitation Section Reference

Solicitation Page Number Question

Written answers will be posted at http://das.nebraska.gov/materiel/purchasing.html per the Schedule of Events.

The State also encourages the use of products utilizing soy or beets; however, the State cannot give a preference for using these products.

https://nebraska.sharefile.com/r-r093d347de0b54f3cb78155de622cf8c8 http://das.nebraska.gov/materiel/purchasing.html

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Statutory) All Vendors must be authorized to transact business in the State and comply with all Nebraska Secretary of State Registration requirements. The Vendor 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.

F. ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject proposals, withdraw an intent to award or award, or terminate a contract if a Vendor 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 bids, or prejudice the State.

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

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

G. DEVIATIONS FROM THE INVITATION TO BID

The requirements contained in the solicitation (Sections II through VI) become a part of the terms and conditions of the contract resulting from this solicitation. Any deviations from the solicitation in Sections II through VI must be clearly defined by the Vendor in its bid 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.

H. SUBMISSION OF BIDS

***ALL BIDS MUST BE SUBMITTED ELECTRONICALLY!***

The State is only accepting electronically submitted responses for this ITB.

“NO LATE BIDS WILL BE ACCEPTED”

It is the vendor’s responsibility to ensure the ITB is received and submitted by the date and time indicated in the Schedule of Events. Sealed bids must be received in the State Purchasing Bureau by the date and time of the bid opening per the Schedule of Events. No late bids will be accepted.

The Invitation to Bid form must be manually signed in an indelible manner and returned by the bid opening date and time along with the Bidder’s Invitation to Bid along with any other requirements as stated in the Invitation to Bid document in order for the Bidder’s Invitation to Bid response to be evaluated.

It is the responsibility of the Bidder to check the website for all information relevant to this Invitation to Bid to include addenda and/or amendments issued prior to the opening date. Website address is as follows:

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

Emphasis should be concentrated on conformance to the ITB instructions, responsiveness to requirements, completeness, and clarity of content. If the bidder’s bid is presented in such a fashion that makes evaluation difficult or overly time consuming the State reserves the right to reject the bid as non-conforming.

By signing the Invitation to Bid, the Bidder guarantees compliance with the provisions stated in this ITB.

The State shall not incur any liability for any costs incurred by Bidders in replying to this ITB, in the demonstrations and/or oral presentations, or in any other activity related to bidding on this ITB.

BIDDERS SUBMITTING ELECTRONIC RESPONSES:

ELECTRONICALLY UPLOADING BID(S) TO SHAREFILE

a. Bidders should upload bid(s) via ShareFile Link to:

https://nebraska.sharefile.com/r-r093d347de0b54f3cb78155de622cf8c8

IT IS THE BIDDER’S RESPONSIBILITY TO UPLOAD ELECTRONIC FILES WITH AN

ADEQUATE AMOUNT OF TIME IN CASE OF USER ISSUE, SOFTWARE ISSUE OR BROWSER

ISSUE

b. Each bid will have an individual ITB Number and Attachment Letter (i.e., 1234 OF Attachment “?”, etc.) in each bid. Bidders are to be sure to upload their Bid(s) to the correct ShareFile link listed in the bid.

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.

OTHER BID DOCUMENTS TO UPLOAD TO SHAREFILE

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

b. 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).

c. 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.

d. No late Bids will be accepted.

e. Hardware, software, internet, user, or electronic issues will not excuse a late bid.

ELECTRONIC ITB FILE NAMES

The bidder should clearly identify the uploaded ITB bid files. To assist in identification please use the following naming convention:

a. For a single file being submitted

ITB 6751 OF ABC Company

b. For multiple files being submitted, add number of files to file names:

ITB 6751 OF ABC Company File 1 of 2

c. For Proprietary Information being submitted, make 1 file that has all the proprietary information in

it. Then add number of files to file names and put proprietary to the end of the name:

ITB 6751 OF ABC Company File 1 of 2 Proprietary

d. For multiple ITB bids being submitted from the same company, add a bid number to the file names:

ITB 6751 OF ABC Company Bid 1 or ITB 6751 OF ABC Company Bid 1 File 1 of 2 or ITB 6751 OF ABC Company Bid 1 File 1 of 2 Proprietary

Do not submit bid/bid documents more than 30 days prior to the Bid Opening. Once the bid/bid documents are uploaded they are only available for 30 days.

https://nebraska.sharefile.com/r-r093d347de0b54f3cb78155de622cf8c8

I. BID PREPARATION COSTS

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

J. FAILURE TO COMPLY WITH INVITATION TO BID

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 Vendor’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 Vendor 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. BID CORRECTIONS

A vendor 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.

L. LATE BID

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 Vendor and at Vendor’s expense. The State is not responsible for bids that are late or lost regardless of cause or fault.

M. BIDS OPENING

Anyone may attend the opening. It is considered a public opening. The Buyer will read the names of the respondents. Depending upon the complexity of the proposal for goods, the buyer may read the bids aloud or allow bids 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 vendor, 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 vendor will be notified of the release and it shall be the obligation of the submitting vendor to take further action if it believes the information should not be released.

N. INVITATION TO BID 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 bids;

Completed Sections II through VI;

Completed ITB Form or State’s Cost Sheet.

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

O. EVALUATION OF BIDS

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

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 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 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.

https://ago.nebraska.gov/public_records/statutes

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 proposal in accordance with Neb. Rev. Stat. §73-107 and has so indicated on the ITB cover page 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

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.

P. BEST AND FINAL OFFER

If best and final offers (BAFO) are requested by the State and submitted by the vendor, 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 vendor. However, a vendor should provide its best offer in its original bid. Vendors should not expect that the State will request a BAFO.

Q. 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 vendor grants to the State the right to contact or arrange a visit in person with any or all of the vendor’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.

R. 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 vendor bids that are not material, do not compromise the solicitation process or a vendor’s bid, and do not improve a vendor’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 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;

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

S. 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 Vendor may offer any brands which meets or exceeds the specification. When a specific product is required, the solicitation will so state.

Any item proposal 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.

T. SAMPLES

When requested, samples should be furnished at the Vendor’s expense prior to the opening of the bid, unless another time is specified. Each sample should be labeled clearly, and identify the Vendor’s name, the ITB number, item number, and the brand and model number, if applicable. Samples submitted must be the commodities or equipment which would be delivered if awarded the bid. The State reserves the right to request samples even though this may not have been set forth in the solicitation. Samples may be destroyed in testing. If a sample is not destroyed in testing and a Vendor wishes to have the sample returned, it will be returned at the Vendor’s expense upon request.

The sample will not be returned until thirty (30) calendar days after any proposal protest or, the execution of a contract.

The Vendor shall have ten (10) calendar days to arrange for the return of the sample to the Vendor following any of the above dates. If no request from the Vendor is received within the above dates, the State reserves the right to use, donate, or surplus the samples in accordance with the State’s policies.

U. ALTERNATE/EQUIVALENT BIDS

Vendor 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. Vendor 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 Vendor 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.

Vendors 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 Vendor declines to accept award on individual items; a “lump sum” bid is one in which the Vendor 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.

W. EMAIL SUBMISSIONS

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

X. BIDS TABULATIONS

Bid tabulations are available on the website at:

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

Y. REJECTION OF BIDS

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

Z. RESIDENT BIDDER

Pursuant to Neb. Rev. Stat. §§ 73-101.01 through 73-101.02, a Resident Bidder shall be allowed a preference against a Non-resident Bidder from a state which gives or requires a preference to Bidders from that state. The preference shall be equal to the preference given or required by the state of the Nonresident Bidders. Where the lowest http://das.nebraska.gov/materiel/purchasing.html https://das.nebraska.gov/materiel/bidopps.html#CommodityContracts responsible bid from a resident Bidder is equal in all respects to one from a nonresident Bidder from a state which has no preference law, the resident Bidder shall be awarded the contract. The provision of this preference shall not apply to any contract for any project upon which federal funds would be withheld because of the provisions of this preference.

II. TERMS AND CONDITIONS

Bidders should complete Section II through VI as part of their bids. Vendor is expected to read the Terms and Conditions and must initial either accept, reject, or reject and provide alternative language for each clause. The Vendor should also provide an explanation of why the Vendor rejected the clause or rejected the clause and provided alternate language using “Track Changes”. Upon request an electronic copy of the proposal with “Track Changes” must be submitted in an editable Word format. By signing the solicitation, Vendor is agreeing to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the bid. The State reserves the right to negotiate rejected or proposed alternative language. If the State and Vendor fail to agree on the final Terms and Conditions, the State reserves the right to reject the proposal. The State is soliciting proposals in response to the solicitation. The State reserves the right to reject bids that attempt to substitute the Bidder’s commercial contracts and/or documents for this solicitation.

The Bidder should submit with their bid any license, user agreement, service level agreement, or similar documents that the Bidder wants incorporated in the Contract. Upon notice of Intent to Award, the Bidder must submit a copy of these documents in an editable Word format. The State will not consider incorporation of any document not submitted with the Bidder’s bid.

These documents shall be subject to negotiation and will be incorporated as addendums if agreed to by the Parties.

If a conflict or ambiguity arises after the addendums have been negotiated and agreed to, the addendums shall be interpreted as follows:

1. If only one (1) Party’s document has a particular clause, then that clause shall control;

2. If both Party’s documents have a similar clause, but the clauses do not conflict, the clauses shall be read together;

3. If both Party’s documents have a similar clause, but the clauses conflict, the State’s clause shall control.

A. GENERAL

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within

ITB Response

NOTES/COMMENTS:

The contract resulting from…