6781 OF Electronics Research Inc Bid.pdf

State of Nebraska - INVITATION TO BID

ONE TIME PURCHASE

Page 1 of 2Date 5/1/23

Solicitation Number

Opening Date and Time

Buyer

6781 OF

05/23/23 2:00 PM

BRENDA SENSIBAUGH (AS)

DESTINATION OF GOODS

EDUCATIONALTELECOMMCOMM

CARROLL

56263 HIGHWAY 98

CARROLL NE 68723-2358

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. 573-107 and wish to have preference, if applicable, considered in the award of this contract.

One Time Purchase to supply and deliver Transmission Line and Antenna Replacement and Installation for KXNE-FM to the State of Nebraska as per the attached specifications.

A response to this Solicitation is subject to, but not limited to, the Standard Terms and Conditions. PLEASE READ

CAREFULLY!

This form is part of the specification package and must be signed and returned, along with all documents, by the opening date and time specified.

No facsimile or email solicitation responses will be accepted on bids $25,000 and over.

(4-18-23 BMS)

BIDDER MUST COMPLETE THE FOLLOWING

DISCOUNT PAYMENT 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 90 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)

VENDOR#

VENDOR:

Address:

504660

Electronics Research Inc.

7777 Gradner Road

Chandler IN 47610

Contact Telephone Email

Enter Contact Information Below

Bill Harland

+1 (812) 925-6000 Ext. 214 bharland@eriinc.com

R435301NE999002 20210114

State of Nebraska - INVITATION TO BID

ONE TIME PURCHASE

Date 5/1/23 Page 2 of 2

Solicitation Number 6781 OF

Opening Date and Time

05/23/23 2:00 PM

DESTINATION OF GOODS

EDUCATIONAL TELECOMM COMM

CARROLL

56263 HIGHWAY 98

CARROLL NE 68723-2358

Buyer BRENDA SENSIBAUGH (AS)

R43530|NE999002 20210114

INVITATION

Line Description Quantity Unit of

Measure Unit Price Extended

Price

1 NEW TRANSMISSION LINE 1.0000 $ __________ __________

2 INSTALLATION OF NEW 1.0000 $ __________ __________

TRANSMISSION LINE

3 REMOVAL OF OLD FM ANTENNA 1.0000 $ __________ __________

4 NEW FM ANTENNA 1.0000 $ __________ __________

5 INSTALLATIN OF NEW FM 1.0000 $ __________ __________

ANTENNA

6 SHIPPING 1.0000 $ __________ __________

$89,780.40 $89,780.40

$50,770.00 $50,770.00

$47,142.00 $47,142.00

$67,144.05 $67,144.05

$31,545.00 $31,545.00

$5,622.35 $5,622.35

Electronics Research, Inc. (ERI) acknowledges receiving Addendum One, Addendum Two, and Addendum Three for Invitation to Bid Solicitation Number 6781OF. All of the changes and additional information provided was incorporated into this bid response.

Page i SPB ITB Boilerplate | 07012019

INVITATION TO BID

Number 6781 OF

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this solicitation for a one-time purchase contract, ITB Number 6781 OF for the purpose of selecting a qualified Contractor to provide Transmission line and Antenna replacement and installation for KXNE-FM. 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.

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

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

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

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

PUBLIC POSTING NOTICE:

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

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

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

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

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

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

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

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

4. The bidder must submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information.

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

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

6. Bids will not be considered proprietary and are a public record in the State of Nebraska.

The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would:

1. Give advantage to business competitors; and,

2. Serve no public purpose.

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

If the Agency determines it is required to release Proprietary information, the bidder will be informed. It will be the bidder's responsibility to defend the bidder's asserted interest in non-disclosure.

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

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

Page ii

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

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

a. Identify the Proprietary Information;

b. Mark the Proprietary Information; and

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

“PROPRIETARY INFORMATION”.

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

SUBJECT TO DISCLOSURE.

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

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

a. Give advantage to Business competitors; and

b. Serve no public purpose.

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

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

To facilitate public postings, with the exception of Proprietary Information, the State reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, bid, or response to this ITB for any purpose, and to authorize others to use the documents. Any individual or entity Awarded a contract, or who submits a bid in response to this ITB, specifically waives any Copyright or other protection the contract, bid, or response to the ITB may have;

and acknowledges that they have the ability and authority to enter into such waiver. This reservation and waiver are a prerequisite for submitting a bid or response to this ITB, and Award of a contract. Failure to agree to the reservation and waiver will result in the bid being found non-responsive and rejected.

Any entity Awarded a contract or submitting a bid or response to the ITB agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, Agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the bids and responses to the ITB, Awards, and other documents.

Page iii

TABLE OF CONTENTS

INVITATION TO BID ............................................................................................................................................................................. i TABLE OF CONTENTS ...................................................................................................................................................................... iii GLOSSARY OF TERMS ...................................................................................................................................................................... v ACRONYM LIST ................................................................................................................................................................................. ix

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. ELECTRONIC SUBMISSION OF BIDS

I. BID PREPARATION COSTS

J. FAILURE TO COMPLY WITH INVITATION TO BID

K. BID CORRECTIONS

L. LATE BIDS

M. BID OPENING

N. ITB REQUIREMENTS

O. EVALUATION OF BIDS

P. BEST AND FINAL OFFER

Q. REFERENCE AND CREDIT CHECKS

R. AWARD

S. SPECIFICATIONS

T. ALTERNATE/EQUIVALENT BIDS

U. LUMP SUM OR” ALL OR NONE” BIDS

V. EMAIL SUBMISSIONS

W. BID TABULATIONS

X. REJECTION OF BIDS

Y. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. PCO REPRESENTATIVE

D. GOVERNING LAW (Statutory)

E. BEGINNING OF WORK

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. VENDOR PERFORMANCE REPORT(S)

I. NOTICE OF POTENTIAL BIDDER BREACH

J. BREACH

K. NON-WAIVER OF BREACH

L. SEVERABILITY

M. INDEMNIFICATION

N. ATTORNEY'S FEES

O. ASSIGNMENT, SALE, OR MERGER

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

Q. FORCE MAJEURE

R. CONFIDENTIALITY

III. BIDDER DUTIES

A. INDEPENDENT BIDDER / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Statutory)

D. COOPERATION WITH OTHER BIDDERS

E. DISCOUNTS

Page iv

F. PRICES

G. COST CLARIFICATION

H. PERMITS, REGULATIONS, LAWS

I. INSURANCE REQUIREMENTS

J. NOTICE OF POTENTIAL BIDDER BREACH

K. ANTITRUST

L. CONFLICT OF INTEREST

M. STATE PROPERTY

N. SITE RULES AND REGULATIONS

O. ADVERTISING

P. DISASTER RECOVERY/BACK UP PLAN

Q. DRUG POLICY

R. 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. BIDDER INSTRUCTIONS

B. NON-COMPLIANCE STATEMENT

C. TECHNICAL SPECIFICATIONS: TRANSMISSION LINE AND ASSOCIATED HARDWARE

D. TECHNICAL SPECIFICATION: REMOVAL AND DISPOSAL FROM JOB SITE OF

EXISTING TRANSMISSION LINE

E. TECHNICAL SPECIFICATION: TRANSMISSION LINE INSTALLATION AND SAFETY

F. TECHNICAL SPECIFICATION: FM ANTENNA

G. TECHNICAL SPECIFICATION: PERFORMANCE AND TESTING

H. DELIVERY ARO

I. DELIVERY LOCATIONS / INSTRUCTIONS (CONTRACTOR AGREES THAT THEY CAN MEET THE DELIVERY

LOCATIONS/INSTRUCTIONS)

J. PACKAGING

K. ORDERS

L. QUALITY

M. GRAY MARKET PRODUCTS PROHIBITION

N. WARRANTY

Page v

GLOSSARY OF TERMS

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

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

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 proposals will be awarded according to the provisions in the solicitation

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

Bid: An offer or quote submitted by a bidder in a response to a written solicitation

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

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

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

Business Day: Any weekday, except State-recognized holidays

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

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

Catalog/Non-Core: A printed or electronic list of products a bidder 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

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

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

Page vi

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

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

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

Contract Period: The duration of the contract

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.

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

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

Default: The omission or failure to perform a contractual duty

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

Evaluation: The process of examining an offer after opening to determine the bidder’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award

Evaluation Committee: Committee(s) appointed by the requesting agency that advises and assists the procuring office in the evaluation of bids (offers made in response to written solicitations)

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 Bidder. Bidder 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

Freight – Pre-Paid and Add: The delivery charges are paid by the shipper and agency pays after receipt of goods when invoiced.

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

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

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

Page vii

Bidder 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

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

Non-core: See “Catalog”.

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 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

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

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 See “Grievance”:

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

Quote: See “Bid”

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 Contractor.

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

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

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

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

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

Shall: See “Must”

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

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

Sole Source – Service: A service of such a unique nature that the contractor selected is clearly and justifiably the only practical source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required

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 Bidder enters a contract to perform a portion of the work awarded to the bidder

System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function, or is represented by the Bidder 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 bidder to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office

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

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

Vendor: Inclusive term for any Bidder or Contractor.

Will: See “Mandatory”

Work Day: See “Business Day”

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ACRONYM LIST

ACH – Automated Clearing House

ARO – After Receipt of Order

BAFO – Best and Final Offer

COI – Certificate of Insurance

CPU – Central Processing Unit

DAS – Department of Administrative Services

F.O.B. – Free on Board

ITB – Invitation to Bid

NIGP – National Institute for Governmental Purchasing

PA – Participating Addendum

PCO: Procurement Contracts Officer

POC: Point of Contact

RFI – Request for Information

RFP – Request for Proposal

SPB – State Purchasing Bureau

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The ITB is designed to solicit bids from qualified Bidders who will be responsible for providing Transmission Line and Antenna Replacement and Installation for KXNE-FM. at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Bid instructions, and Cost Proposal Requirements may be found in Sections II through VI.

The State may utilize this ITB to procure Transmission Line and Antenna Replacement and Installation for KXNE-FM. following the Intent to Award, provided the Bidders honor and agree to their bids in this ITB.

Bids shall conform to all instructions, conditions, and requirements included in the solicitation. Prospective Bidders 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.

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

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

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

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

Name: Brenda Sensibaugh, 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 Bidder is limited to the POC listed above. After the Intent to Award is issued, the Bidder may communicate with individuals the State has designated as responsible for negotiating the contract on behalf of the State. No member of the State Government, employee of the State, or 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. Bidders shall not have any communication with or attempt to communicate or influence any evaluator involved in this solicitation.

The following exceptions to these restrictions are permitted:

Contact made pursuant to pre-existing contracts or obligations;

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

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

mailto:as.materielpurchasing@nebraska.gov

C. SCHEDULE OF EVENTS

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

ACTIVITY DATE/TIME

1. Release solicitation May 3, 2023

2.

Last day to submit written questions.

Upload questions for 6781 OF via ShareFile to:

https://nebraska.sharefile.com/r-rf54afae1c5f34eb3958694d9701f0193 May 15, 2023

3.

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

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

May 17, 2023

4.

Electronic Bid Opening via Zoom:

Upload electronic Bid submissions for 6781 OF via Sharefile to:

https://nebraska.sharefile.com/r-r74ca8739d5ce451ab438591dad79dc17

Zoom Meeting Information:

Topic: 6781 OF, 115622 OR Antenna One Time Purchase Time: May 23, 2023, 02:00 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

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.

May 26, 2023

2:00 PM

Central Time

5. Review for conformance with bid requirements TBD

6. Evaluation period TBD

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

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

8. Purchase Order finalization period TBD

9. Purchase Order award TBD

10. Purchase Order Issuance TBD https://nebraska.sharefile.com/r-rf54afae1c5f34eb3958694d9701f0193 https://das.nebraska.gov/materiel/bidopps.html https://nebraska.sharefile.com/r-r74ca8739d5ce451ab438591dad79dc17 https://us02web.zoom.us/j/2629176739?pwd=NkhobXNpOU94UmFmTG1wYmJqTXhpUT09 https://us02web.zoom.us/j/2629176739?pwd=NkhobXNpOU94UmFmTG1wYmJqTXhpUT09 http://das.nebraska.gov/materiel/purchasing.html

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 6781 OF; Transmission Line and Antenna Replacement and Installation for KXNE-FM. 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:

https://nebraska.sharefile.com/r-rf54afae1c5f34eb3958694d9701f0193

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.

It is preferred that questions be sent via e-mail to as.materielpurchasing@nebraska.gov, but may be delivered by hand or by U.S. Mail. It is recommended that Bidders submit questions using the following format.

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.

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Statutory) All Bidders must be authorized to transact business in the State and comply with all Nebraska Secretary of State Registration requirements. The Bidder who is the recipient of an Intent to Award will be required to certify that it has complied and produce a true and correct copy of its current (within ninety (90) calendar days of the intent to award) Certificate or Letter of Good Standing, or in the case of a sole proprietorship, provide written documentation of sole proprietorship and the United States Citizenship Attestation Form, available on the DAS website at:

http://das.nebraska.gov/materiel/purchasing.html. This must be accomplished prior to execution of the contract.

https://nebraska.sharefile.com/r-rf54afae1c5f34eb3958694d9701f0193 mailto:as.materielpurchasing@nebraska.gov

F. ETHICS IN PUBLIC CONTRACTING

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

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

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

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

Submitting a bid on behalf of another party or entity;

Collude with any person or entity to influence the bidding process, submit sham bids, preclude bidding, fix pricing or costs, create an unfair advantage, subvert the bid, or prejudice the State.

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

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

G. DEVIATIONS FROM THE 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 Bidder 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. ELECTRONIC SUBMISSION OF BIDS

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

1. UPLOADING ELECTRONIC BID(S) TO SHAREFILE

(SUBMITTED DOCUMENTS MUST NOT BE PASSWORD PROTECTED)

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

https://nebraska.sharefile.com/r-r74ca8739d5ce451ab438591dad79dc17

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

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

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

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

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

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

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

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

2. ELECTRONIC ITB FILE NAMES

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

https://nebraska.sharefile.com/r-r74ca8739d5ce451ab438591dad79dc17

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

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

• 6781 OF Transmission Line and Antenna Replacement and Installation for KXNE-FM

NAME OF BIDDER Bid.

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

• 6781 OF Transmission Line and Antenna Replacement and Installation for KXNE-FM

NAME OF BIDDER Bid/File 1/File 2, etc.…

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

• 6781 OF Transmission Line and Antenna Replacement and Installation for KXNE-FM

NAME OF BIDDER Bid 2/Bid 2 File 1/Bid 2 File 2, etc...

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

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

I. BID PREPARATION COSTS

The State shall not incur any liability for any costs incurred by Bidders 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 Bidder’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 Bidder from further bidding with the State for the period of time relative to the seriousness of the violation, such period to be within the sole discretion of the State.

K. BID CORRECTIONS

A bidder 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 BIDS

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

M. BID 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 bid 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 Bidder, 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 Bidder will be notified of the release and it shall be the obligation of the submitting Bidder to take further action if it believes the information should not be released.

https://das.nebraska.gov/materiel/bidopps.html https://ago.nebraska.gov/public_records/statutes

N. ITB REQUIREMENTS

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

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

Clarity and responsiveness of the bid;

Completed Sections II through VI;

Completed ITB Form or State’s Cost Sheet.

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 contractor, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident contractor, if all other factors are equal.

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

Therefore, if a resident disabled veteran or business located in a designated enterprise zone submits a proposal in accordance with Neb. Rev. Stat. §73-107 and has so indicated on the ITB cover page under “Contractor must complete the following” requesting priority/preference to be considered in the award of this contract, the following will need to be submitted by the contractor within ten (10) business days of request:

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

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

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

4. Documentation which shows ownership and control of a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision

(a) of this subsection; and the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection.

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

P. BEST AND FINAL OFFER

If BAFO’s are requested by the State and submitted by the bidder, they will be evaluated (using the stated BAFO criteria) and ranked by the Evaluation Committee. The State reserves the right to conduct more than one BAFO.

The award will then be granted to the lowest responsible bidder. However, a bidder should provide its best offer in its original bid. Bidders should not expect that the State will request a BAFO.

Q. REFERENCE…