6764 OF ITB & Boilerplate.pdf

State of Nebraska - INVITATION TO BID

CONTRACT

Date 2/21/23 Page 1 of 2

Solicitation Number 6764 OF

Opening Date and Time 03/09/23 2:00 pm

DESTINATION OF GOODS

DEPARTMENT OF TRANSPORTATION

5001 S 14TH ST

PO BOX 94759

LINCOLN NE 68509-4759

Buyer ROBERT TAYLOR (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 2023 or Current Production Year Ford Transit XLT Rear Lift All Wheel Drive (AWD) Transit Vans 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.

(02/16/23 RT)

INVITATION

Line Description Quantity Unit of

Measure Unit Price Extended

Price

1 2023 OR CURRENT PRODUCTION 50.0000 EA __________ __________

YEAR FORD TRANSIT XLT

REAR LIFT, ALL WHEEL DRIVE (AWD) TRANSIT VANS

WITH DUAL TIRES

MAKE: ______________________________________

MODEL NAME/NUMBER: _______________________

State of Nebraska - INVITATION TO BID

CONTRACT

Date 2/21/23 Page 2 of 2

Solicitation Number 6764 OF

Opening Date and Time 03/09/23 2:00 pm

DESTINATION OF GOODS

DEPARTMENT OF TRANSPORTATION

5001 S 14TH ST

PO BOX 94759

LINCOLN NE 68509-4759

Buyer ROBERT TAYLOR (AS)

R43530 NE999003R43530|NE999003 20210114

INVITATION

Line Description Quantity Unit of

Measure Unit Price Extended

Price

OPTIONS:

***BIDDERS MUST PROVIDE LITERATURE FOR EACH "OPTION" LINE-ITEM BID***

2 FEDERAL MOTOR VEHICLE 50.0000 EA __________ __________

SAFETY STANDARD (FMVSS) (CRS)

CHILD RESTRAINT SYSTEM (CRS)

WITH ONE LATCH HOOK PER DOUBLE SEAT

(HOOK TO BE INSTALLED ON PASSENGER

SEAT NEAR THE VEHICLE WALL).

3 REMOVAL OF REAR PASSENGER 50.0000 EA __________ __________

REAR PASSENGER SEAT

(DEDUCT)

4 REPLACEMENT OF REAR PASSENGER 50.0000 EA __________ __________

DUAL INTEGRATED CHILD SEAT

2023 OR CURRENT PRODUCTION YEAR

FORD TRANSIT XLT REAR LIFT ALL WHEEL DRIVE (AWD) TRANSIT VANS

STATE OF NEBRASKA-NDOT

INVITATION TO BID

Number 6764 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 (6764) OF for the purpose of selecting a qualified Vendor to provide 2023 or Current Production Year Ford Transit XLT Rear Lift All Wheel Drive (AWD) Transit Vans. A more detailed description can be found in Sections II through 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 resulting contract(s) 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 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

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 bids, or responses received regarding this solicitation will be posted to the SPB website.

These postings will include the entire bid 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, bid, 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 bid or response to this solicitation, specifically waives any copyright or other protection the contract, bid, 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 are a prerequisite for submitting a bid or response to this solicitation, and award of a contract. Failure to agree to the reservation and waiver will result in the bid or response to the solicitation being found non-responsive and rejected.

Any entity awarded a contract or submitting a bid 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 bids and responses to the solicitation, awards, and other documents.

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

INVITATION TO BID

Number 6764 OF

Page ii SPB ITB Boilerplate | 07012019

TABLE OF CONTENTS

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 ITB

H. BID PREPARATION COSTS

I. FAILURE TO COMPLY WITH ITB

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. SPECIFICATIONS

S. ALTERNATE/EQUIVALENT BIDS

T. “ALL OR NONE” OR “LUMP SUM” BIDS

U. EMAIL SUBMISSIONS

V. BID TABULATIONS

W. REJECTION OF BIDS

X. 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 VENDOR 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

III. CONTRACTOR DUTIES

A. INDEPENDENT CONTRACTOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Statutory)

D. COOPERATION WITH OTHER CONTRACTORS

E. DISCOUNTS

F. PRICES

G. COST CLARIFICATION

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H. PERMITS, REGULATIONS, LAWS

I. NOTICE OF POTENTIAL VENDOR BREACH

J. ANTITRUST

K. CONFLICT OF INTEREST

L. SITE RULES AND REGULATIONS

M. ADVERTISING

N. NEBRASKA TECHNOLOGY ACCESS STANDARDS (Statutory)

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. MANUFACTURER’S MINIMUM SPECIFICATIONS

C. NON-COMPLIANCE STATEMENT

D. CODE OF FEDERAL REGULATIONS FMVSS

E. MOTOR VEHICLE INDUSTRIES REGULATION ACT

F. MISCELLANEOUS SPECIFICATIONS

G. DIMENSIONS AND CAPACITY

H. CHASSIS AND RELATED SYSTEMS

I. AUXILIARY SYSTEMS, MISCELLANEOUS PARTS, AND ACCESSORIES

J. EMERGENCY EQUIPMENT

K. INTERIOR FLOORING & SURFACES

L. MODULAR TRACK FLOORING

M. EXTERIOR FINISH

N. WINDSHIELD AND WINDOWS

O. DOORS

P. SEATS AND AISLE

Q. WHEELCHAIR ACCOMMODATION

R. ACCEPTABLE BRANDS

S. ANNUAL USAGE, ESTIMATED

T. USAGE REPORT

U. DELIVERY ARO

V. DELIVERY LOCATIONS / INSTRUCTIONS

W. ORDERS

X. INVOICES

Y. QUALITY

Z. AUTHORIZED DEALER

AA. WARRANTY

Page iv SPB ITB Boilerplate | 07012019

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 vendor’s most favorable terms for price

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

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

Central Processing Unit: Any computer or computer system that is used by the State to store, process, or retrieve data or perform other functions using Operating Systems and applications software

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 (2) 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 (2) 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

Page v

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 (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

Crashworthiness: The body and roof structure of the vehicle shall withstand a static load equal to 150% of the curb weight, evenly distributed on the roof with a maximum of a 6” reduction in any interior dimension.

Critical Program Error: Any Program Error, whether or not known to the State, which prohibits or significantly impairs use of the Licensed Software as set forth in the documentation and intended in the contract

Curb Weight: The “as delivered” weight of the vehicle with all equipment required for operation, all equipment required by these specifications, and with maximum fuel, oil, and coolant, but without driver or passengers.

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

Disadvantaged Business Enterprise: A for-profit small business concern (a) that is at least 51% owned by one (1) or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one (1) or more such individual(s); and (b) whose management and daily business operations are controlled by one (1) or more of the socially and economically disadvantaged individuals who own it and is certified as such (See 49 Code of Federal Regulations Part 26).

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. The vendor 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.

Heavy-Duty: Exceeding the usual quality or capacity of similar items normally supplied as standard equipment and capable of withstanding unusual stress, temperature, wear, exposure, and/or use.

Installation Date: The date when the procedures described in “Installation by Contractor”, 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 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

Licensed Software Documentation: The user manuals and any other materials in any form or medium customarily provided by the Vendor to the users of the Licensed Software which will provide the State with sufficient information to operate, diagnose, and maintain the Licensed Software properly, safely, and efficiently

Mandatory: Required, compulsory, or obligatory

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May: Discretionary, permitted; used to express possibility

Module: “see System”. A collection of routines and data structures that perform a specific function of software

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 DAS, SPB.

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

Operating System: The control program in a computer that provides the interface to the computer hardware and peripheral devices, and the usage and allocation of memory resources, processor resources, input/output resources, and security resources

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

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

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

Program Error: Code in Licensed Software which produces unintended results or actions, or which produces results or actions other than those described in the specifications. A program error includes, without limitation, any Critical Program Error

Program Set: The group of programs and products, including the Licensed Software specified in the solicitation, plus any additional programs and products licensed by the State under the contract for use by the State

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

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/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 bid 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”.

Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent utilized by the State as recommended by the Vendor.

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

Page vii

Resident Disabled Veteran: 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.

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

Riser: A stair riser is the near-vertical element in a set of stairs, forming the space between one step and the next. It is sometimes slightly inclined from the vertical so that its top is closer than its base to the person climbing the stairs.

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

Stair Riser: See “Riser”.

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

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 SPB 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”.

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ACRONYM LIST

ARO: After Receipt of Order

ACH: Automated Clearing House

ADA: Americans with Disabilities Act

AWD: All Wheel Drive

BAFO: Best and Final Offer

BTU: British Thermal Unit

CFR: Code of Federal Regulations

CPR: Cardiopulmonary Resuscitation

CPU: Central Processing Unit

CRS: Child Restraint System

DAS: Department of Administrative Services

DBE: Disadvantaged Business Enterprise

DOT: United States Department of Transportation

F: Fahrenheit

FMVSS: Federal Motor Vehicle Safety Standards

FOB: Free on Board

GSA: General Services Administration

GWVR: Gross Vehicle Weight Rating

I.D.: Identification

ISO: International Organization for Standardization

ITB: Invitation to Bid lb.: Pound

L: Liter mm: Millimeter

NHTSA: National Highway Traffic Safety Administration

NIGP: National Institute for Governmental Purchasing

NDOT: Nebraska Department of Transportation

OEM: Original Equipment Manufacturer

PFC: Payroll & Financial Center

PCO: Procurement Contracts Officer

POC: Point of Contact

PSI: Pound per square inch

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RFI: Request for Information

RPM: Revolutions per Minute

SPB: State Purchasing Bureau

UL: Underwriter Laboratories

USC: United States Code

V: Volt

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The solicitation is designed to solicit bids from qualified Vendors who will be responsible for providing 2023 or Current Production Year Ford Transit XLT Rear Lift All Wheel Drive (AWD) Transit Vans 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.

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

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: 6764 OF

Name: Rob Taylor, PCO 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 or employee of the State 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.

C. SCHEDULE OF EVENTS

The State expects to adhere to the tentative procurement schedule shown below. It should be noted; however, dates are approximate and subject to change.

ACTIVITY DATE/TIME

1 Release ITB February 21, 2023

Last Day to Submit Written Questions Upload electronic Question submissions for 6764 OF via ShareFile to:

https://nebraskastategov.sharefile.com/r-r0ae2bdb672ea4a078989eed3db1e431b

February 27, 2023

State Responds to Written Questions through an Addendum to be posted to the internet at:

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

March 2. 2023 mailto:as.materielpurchasing@nebraska.gov https://das.nebraska.gov/materiel/bidopps.html

ACTIVITY DATE/TIME

Electronic Bid Opening via Zoom Meeting:

Bids are to be Electronically submitted via ShareFile link below:

Upload electronic Bid submissions for 6764 OF via ShareFile to:

https://nebraskastategov.sharefile.com/r-r196bb3b296614931a5ce666048efe89b

Zoom Meeting Information:

https://us02web.zoom.us/j/83431502340?pwd=S01GZTNSc1hiWklHQjFZYjE3VE xvQT09

Meeting ID: 834 3150 2340

Passcode: 541912

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.

March 9, 2023 2:00 p.m.

Central Time

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any ITB provision should be submitted electronically or in writing to SPB and clearly titled “ITB Number 6764 OF 2023 or Current Production Year Ford Transit XLT Rear Lift All Wheel Drive (AWD) Transit Vans Questions”. The POC is not obligated to respond to questions are received late per the Schedule of Events.

Bidders 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 of a Bidder. The contract will not incorporate any known or unknown assumptions of a Bidder.

Questions should be uploaded using the following ShareFile link:

https://nebraskastategov.sharefile.com/r-r0ae2bdb672ea4a078989eed3db1e431b but may also be emailed.

It is recommended the Bidder submit questions using the following format:

ITB Section Reference

ITB Page Number

Question

Answers will be provided through an Addendum to be posted on the internet 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 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: https://sos.nebraska.gov/business-services/explanation-us-citizen-attestation-form . 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 bid, or prejudice the State.

https://das.nebraska.gov/materiel/bidopps.html https://sos.nebraska.gov/business-services/explanation-us-citizen-attestation-form https://sos.nebraska.gov/business-services/explanation-us-citizen-attestation-form

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 ITB

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 Contractor in its proposal 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.

A. ELECTRONIC SUBMISSION OF BIDS

All bids must be submitted to SPB in the matter set forth below and be manually signed in an indelible manner, or by DocuSign, It is the Bidder’s responsibility to submit the Electronic Bid(s) along with any other required documents as stated in the ITB 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.

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.

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

1. ELECTRONICALLY UPLOADING BID(S) TO SHAREFILE (SUBMITTED DOCUMENTS MUST NOT BE PASSWORD

PROTECTED):

Bidders should upload bid(s) via ShareFile to https://nebraskastategov.sharefile.com/r-r196bb3b296614931a5ce666048efe89b

a. Each bid will have an individual ITB ShareFile link. Bidders are to be sure to upload their Bid(s) to the correct ShareFile link listed in the bid.

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

c. 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.

d. 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).

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

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

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

h. 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. Consistency is key.

c. If the bidder submits the bid/bid documents as one (1) complete packet (preferred method excluding

Proprietary documentation), please use the following naming convention:

• <<6764>> OF 2023 Ford Transit XLT Rear Lift AWDNAME OF BIDDER Bid.

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

• <<6764>> OF 2023 Ford Transit XLT Rear Lift AWD NAME OF BIDDER Bid.

• <<6764>> OF 2023 Ford Transit XLT Rear Lift AWD NAME OF BIDDER File 1, File 2, File 3, etc.

a.

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

• <<6764>> OF 2023 Ford Transit XLT Rear Lift AWD NAME OF BIDDER Bid 2”.

• <<6764>> OF 2023 Ford Transit XLT Rear Lift AWD NAME OF BIDDER Bid 2 File 1, Bid 2 File 2, Bid 2

File 3, etc.

H. BID PREPARATION COSTS

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

I. 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 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.

J. 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 proposal for modification or to withdraw the proposal 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 Vendor and at Vendor'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 Procurement Contracts Officer will read the names of the respondents. Depending upon the complexity of the bid for goods, the Procurement Contracts Officer 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 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.

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; and, Completed ITB Form or State’s Bid 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 Vendor Performance Report may be used in evaluating responses to solicitations for goods and services to determine the best value for the State.

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

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 bidder, 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 bidder, if all other factors are equal.

Therefore, a resident disabled veteran or business located in a designated enterprise zone who wishes to be allowed preference must submit a bid in accordance with Neb. Rev. Stat. § 73-107 and must so indicate on the ITB cover page by placing a mark in the space before the statement “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.” and must submit the following documentation within ten (10) business days of request:

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

2. Documentation of discharge or otherwise separated with a 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 (1) or more persons described in subdivision (a) of this subsection; and the management and daily business operations of the business are controlled by one (1) 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.

O. BEST AND FINAL OFFER

If BAFOs 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.

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 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.

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 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; and,

6. State contract management requirements and/or costs.

The solicitation does not commit the State to award a contract. Once Intent to Award decision has been determined, it will be posted to the Internet at:

Any protests must be filed by a vendor within ten (10) business days after the Intent to Award decision is posted to the Internet.

The Protest/Grievance Procedure document is available on the Internet at:

https://das.nebraska.gov/materiel/docs/pdf/ProtestGrievanceWithGuidance_08042021.pdf

R. 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 or their designee 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 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.

S. ALTERNATE/EQUIVALENT BIDS

The Vendor may offer bids which vary 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 or their designee, the bid will result in goods and/or services equivalent to or better than those which would be supplied in the original bid specifications. The 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.