6793 OF REBID ITB USF_Premier_Omnia.pdf

State of Nebraska - INVITATION TO BID

CONTRACT

DESTINATION OF GOODS

AS MATERIEL - STATE PURCHASING

1526 K ST STE 130

LINCOLN NE 68508-2732

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.

X 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 Beverage Products with Equipment and Maintenance to the State of Nebraska as per the attached specifications for a Two (2) year period from date of award. The contract may be renewed for Two (2) additional Two

(2) year periods when mutually agreeable to the vendor and the State of Nebraska.

(BT 06/14/23)

INVITATION

SEE ATTACHMENTS A - E

BIDDER MUST COMPLETE THE FOLLOWING

DISCOUNT PAYMENT TERMS: 0 % 30 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 one (1) day of order confirmation, with the exception of special order or non-stocked products 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# 507042 Contact Stacy Kroeger, Major Account Executive

VENDOR: US Foods, Inc. Telephone 402-910-4500

Address: 3636 W. Stolley Park Rd Email stacy.kroeger@usfoods.com

Grand Island, NE 68803

R43530 NE999003R43530|NE999003 20210114

Date 7/18/23 Page 1 of 1

Solicitation Number 6793 OF REBID

Opening Date and Time 07/31/23 2:00 pm

Buyer JULIE DABYDEEN (AS)

DocuSign Envelope ID: 136CCF5F-4B37-4E41-84F0-D5C82012063A ii SPB ITB Boilerplate | 05022023

State of Nebraska (State Purchasing Bureau)

INVITATION TO BID FOR COMMODITIES CONTRACT

INVITATION TO BID NUMBER RELEASE DATE

ITB 6793 OF REBID July 18, 2023

OPENING DATE AND TIME PROCUREMENT CONTACT

July 31, 2023 2:00 p.m. Central Time Julie Dabydeen

PLEASE READ CAREFULLY

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 6793 OF REBID for the purpose of selecting a qualified Contractor to provide Beverage Products with Equipment and Maintenance. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar goods from other sources now or in the future.

The term of the contract will be two (two) years commencing upon execution of the contract by the State and the Contractor (Parties)/notice to proceed. The Contract includes the option to renew for two (2) additional two (2) 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.

In the event that a contract with the awarded bidder(s) is cancelled or in the event that the State needs additional contractors to supply the solicited commodities, this ITB may be used to procure the solicited goods for up to two (2) years from the date of the Intent to Award is posted, provided that 1) the solicited goods will be provided by a bidder (or a successive owner) who submitted a bid pursuant to this ITB, 2) the bidder’s bid was evaluated, and 3) the bidder will honor the bidder’s original bid, including the proposed cost, allowing for any price increases that would have otherwise been allowed if the bidder would have received the initial award.

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

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

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, 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 Contractor’s bid or response will be posted to a public website managed by DAS, which can be found at: https://statecontracts.nebraska.gov and 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 website.

These postings will include the entire bid or response. Bidders must request that proprietary information be excluded from the posting.

The bidder must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION." The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See 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 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 State determines it is required to release withheld 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 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 Invitation to Bid 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 Invitation to Bid, specifically waives any copyright or other protection the contract, bid, or response to the Invitation to Bid 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 or response to this Invitation to Bid, and award of a contract. Failure to agree to the reservation and waiver will result in the bid or response to the Invitation to Bid being found non-responsive and rejected.

Any entity awarded a contract or submitting a bid or response to the Invitation to Bid 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

SCOPE

iii 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 Invitation to Bid, awards, and other documents.

US Foods with Premier and Omnia Partners have read and understand. Terms and Conditions will follow the existing State of Nebraska Contract.

iv

TABLE OF CONTENTS

INVITATION TO BID FOR COMMODITIES CONTRACT ........................................................................................................................... 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 (Nonnegotiable)

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE INVITATION TO BID

H. SUBMISSION OF BIDS

I. BID PREPARATION COSTS

J. FAILURE TO COMPLY WITH INVITATION TO BID

K. BID CORRECTIONS

L. LATE BIDS

M. BID OPENING

N. INVITATION TO BID REQUIREMENTS

O. EVALUATION OF BIDS

P. BEST AND FINAL OFFER

Q. REFERENCE AND CREDIT CHECKS

R. AWARD

S. SPECIFICATIONS

T. SAMPLES

U. CORE LIST AND CATALOG/NON-CORE

V. ALTERNATE/EQUIVALENT BIDS

W. LUMP SUM OR ”ALL OR NONE” BIDS

X. ALTERNATIVE SUBMISSION METHODS PROHIBITED

Y. BID TABULATIONS

Z. REJECTION OF BIDS

AA. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. NOTICE (POC)

D. GOVERNING LAW (Nonnegotiable)

E. BEGINNING OF WORK

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. RECORD OF VENDOR PERFORMANCE

I. NOTICE OF POTENTIAL CONTRACTOR 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 SUBDIVISIONS OF THE STATE OR ANOTHER STATE

Q. FORCE MAJEURE

R. CONFIDENTIALITY

S. EARLY TERMINATION

T. CONTRACT CLOSEOUT

III. CONTRACTOR DUTIES

A. INDEPENDENT CONTRACTOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

v

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

D. COOPERATION WITH OTHER CONTRACTORS

E. DISCOUNTS

F. PRICES

G. COST CLARIFICATION

H. PERMITS, REGULATIONS, LAWS

I. INSURANCE REQUIREMENTS

J. NOTICE OF POTENTIAL CONTRACTOR 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

S. TIME IS OF THE ESSENCE

IV. PAYMENT

A. PROHIBITION AGAINST ADVANCE PAYMENT (Nonnegotiable) B. TAXES (Nonnegotiable) C. INVOICES (Nonnegotiable)

D. INSPECTION AND APPROVAL

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

V. SCOPE OF WORK

A. SCOPE

B. AMENDMENT

C. REVISIONS

GENERAL SECURITY CONCERNS/SITE RULES and REGULATIONS

E. CUSTOMER SERVICE

VI. TECHNICAL SPECIFICATIONS

A. CONTRACTOR INSTRUCTIONS

B. NON-COMPLIANCE STATEMENT

C. TECHNICAL SPECIFICATIONS: GENERAL EQUIPMENT COFFEES, TEAS AND/OR JUICE DISPENSERS – SEE

ATTACHMENTS F & G

D. TECHNICAL SPECIFICATION: ELECTRICAL CONNECTIONS: EQUIPMENT – SEE ATTACHMENTS F & G

E. TECHNICAL SPECIFICATIONS: ENERGY STAR PRODUCTS

F. TECHNICAL SPECIFICATION: BEVERAGE PROCUCTS

G. CATALOG OR PRICE LIST BEVERAGE PRODUCTS AND PRICING

H. CHANGES DURING LIFE OF CONTRACT

I. ANNUAL USAGE, ESTIMATED

J. USAGE REPORT

K. MAINTENANCE AND SERVICE REQUIREMENTS

L. ORDERS

M. DELIVERY LOCATIONS/INSTRUCTIONS (BIDDER IS CERTIFYING THAT THEY CAN MEET THE DELIVERY

LOCATIONS/INSTRUCTIONS

N. WESTERN NEBRASKA VETERANS’ HOME (WNVH), SCOTTSBLUFF, NE

O. PRODUCT PACKAGING

P. QUALITY

Q. AUTHORIZED DEALER & WARRANTY

R. SAMPLES

S. SUBSTITUTIONS

Form A Contractor Contact Sheet vi

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 (ARO): 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 (ACH): 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 (BAFO): In a competitive bid, the final offer submitted which contains contractor’s most favorable terms for price

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

Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the contractor will not withdraw the bid

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

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

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

Business Day: Any weekday, except State-recognized holidays

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

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

Catalog/Non-Core: A printed or electronic list of products a contractor 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 (CPU): 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.

vii

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 Contractor

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 Contractor

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 contractor’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 (F.O.B.) Destination: The delivery charges are included in the quoted price and prepaid by the contractor. Contractor is responsible for all claims associated with damages during delivery of product.

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

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

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 (ITB): A written solicitation used 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 Contractor 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/Must: Required, compulsory, or obligatory viii

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/Must and Shall/Will/Must

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

Non-core: See Catalog

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

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 that an organization may have previously performed internally or for which an organization has a new need to an independent organization from which the process is purchased back

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

Performance Bond: An insurance agreement accompanied by a monetary commitment by which a third party (the surety) accepts liability and guarantees that the Contractor 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 (POC): The person designated to receive communications and to communicate

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

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

Program Error: Code in Licensed Software that produces unintended results or actions or that 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: Trade secrets, academic and scientific research work that is in progress and unpublished or other information that if released would give advantage to business competitors and service no public purpose. See Neb. Rev. Stat. § 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 contractor 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

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 used by the State as recommended by the Contractor ix

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”

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

Responsive Contractor: A Contractor 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

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

System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function, or is represented by the Contractor 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 that 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 subcontractors 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 contractor 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: Inclusive term for any Bidder or Contractor.

Will: See Mandatory/Must/Shall

Work Day: See Business Day x

ACRONYM LIST

ARO – After Receipt of Order

ACH – Automated Clearing House

BAFO – Best and Final Offer

COI – Certificate of Insurance

CPU – Central Processing Unit

DAS – Department of Administrative Services

F.O.B. – Free on Board

ICT – Information and Communication Technology

ITB – Invitation to Bid

NIGP – National Institute for Governmental Purchasing

PA – Participating Addendum

SPB – State Purchasing Bureau

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

This Invitation to Bid is designed to solicit bids from qualified Contractors who will be responsible for providing Beverage Products with Equipment and Maintenance 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 Contractors 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 point of contact (POC) for the procurement is as follows:

ITB Number: 6793 OF REBID Name: Julie Dabydeen, Procurement Contracts Officer Agency: State Purchasing Bureau Address: 1526 K Street, Suite 130

Lincoln, NE 68508 Telephone: 402-471-6500 E-Mail: as.materielpurchasing@nebraska.gov

From the date the solicitation is issued until the Intent to Award is issued, communication from the Contractor is limited to the POC listed above. After the Intent to Award is issued, the Contractor 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. Contractors 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 contractor’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 procurement schedule shown below, but all dates are approximate and subject to change.

ACTIVITY DATE/TIME

1. Release solicitation July 18, 2023

2.

Last day to submit written questions

Questions shall be uploaded via ShareFile via the following link:

https://nebraska.sharefile.com/r-r33b64cfa63d343acb7ba9d821a3822be

July 23, 2023

3.

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

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

July 25, 2023

State of Nebraska - INVITATION TO BID

CONTRACT

DESTINATION OF GOODS

AS MATERIEL - STATE PURCHASING

1526 K ST STE 130

LINCOLN NE 68508-2732

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.

X 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 Beverage Products with Equipment and Maintenance to the State of Nebraska as per the attached specifications for a Two (2) year period from date of award. The contract may be renewed for Two (2) additional Two

(2) year periods when mutually agreeable to the vendor and the State of Nebraska.

(BT 06/14/23)

INVITATION

SEE ATTACHMENTS A - E

BIDDER MUST COMPLETE THE FOLLOWING

DISCOUNT PAYMENT TERMS: 0 % 30 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 one (1) day of order confirmation, with the exception of special order or non-stocked products 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# 507042 Contact Stacy Kroeger, Major Account Executive VENDOR: US Foods, Inc. Telephone 402-910-4500

Address: 3636 W. Stolley Park Rd Email stacy.kroeger@usfoods.com Grand Island, NE 68803

R43530 NE999003R43530|NE999003 20210114

Date 7/18/23 Page 1 of 1

Solicitation Number 6793 OF REBID

Opening Date and Time 07/31/23 2:00 pm

Buyer JULIE DABYDEEN (AS) mailto:stacy.kroeger@usfoods.com ii

State of Nebraska (State Purchasing Bureau)

INVITATION TO BID FOR COMMODITIES CONTRACT

INVITATION TO BID NUMBER RELEASE DATE

ITB 6793 OF REBID July 18, 2023

OPENING DATE AND TIME PROCUREMENT CONTACT

July 31, 2023 2:00 p.m. Central Time Julie Dabydeen

PLEASE READ CAREFULLY

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 6793 OF REBID for the purpose of selecting a qualified Contractor to provide Beverage Products with Equipment and Maintenance. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar goods from other sources now or in the future.

The term of the contract will be two (two) years commencing upon execution of the contract by the State and the Contractor

(Parties)/notice to proceed. The Contract includes the option to renew for two (2) additional two (2) 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.

In the event that a contract with the awarded bidder(s) is cancelled or in the event that the State needs additional contractors to supply the solicited commodities, this ITB may be used to procure the solicited goods for up to two (2) years from the date of the Intent to Award is posted, provided that 1) the solicited goods will be provided by a bidder (or a successive owner) who submitted a bid pursuant to this ITB, 2) the bidder’s bid was evaluated, and 3) the bidder will honor the bidder’s original bid, including the proposed cost, allowing for any price increases that would have otherwise been allowed if the bidder would have received the initial award.

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

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

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, 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 Contractor’s bid or response will be posted to a public website managed by DAS, which can be found at: https://statecontracts.nebraska.gov and 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 website.

These postings will include the entire bid or response. Bidders must request that proprietary information be excluded from the posting.

The bidder must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION." The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See 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 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 State determines it is required to release withheld 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 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 Invitation to Bid 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 Invitation to Bid, specifically waives any copyright or other protection the contract, bid, or response to the Invitation to Bid 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 or response to this Invitation to Bid, and award of a contract. Failure to agree to the reservation and waiver will result in the bid or response to the Invitation to Bid being found non-responsive and rejected.

Any entity awarded a contract or submitting a bid or response to the Invitation to Bid 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

SCOPE

https://das.nebraska.gov/materiel/bidopps.html https://statecontracts.nebraska.gov/ https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php iii 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 Invitation to Bid, awards, and other documents.

US Foods with Premier and Omnia Partners have read and understand. Terms and Conditions will follow the existing State of Nebraska Contract.

iv

TABLE OF CONTENTS

INVITATION TO BID FOR COMMODITIES CONTRACT ........................................................................................................................... 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 (Nonnegotiable)

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE INVITATION TO BID

H. SUBMISSION OF BIDS

I. BID PREPARATION COSTS

J. FAILURE TO COMPLY WITH INVITATION TO BID

K. BID CORRECTIONS

L. LATE BIDS

M. BID OPENING

N. INVITATION TO BID REQUIREMENTS

O. EVALUATION OF BIDS

P. BEST AND FINAL OFFER

Q. REFERENCE AND CREDIT CHECKS

R. AWARD

S. SPECIFICATIONS

T. SAMPLES

U. CORE LIST AND CATALOG/NON-CORE

V. ALTERNATE/EQUIVALENT BIDS

W. LUMP SUM OR ”ALL OR NONE” BIDS

X. ALTERNATIVE SUBMISSION METHODS PROHIBITED

Y. BID TABULATIONS

Z. REJECTION OF BIDS

AA. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. NOTICE (POC)

D. GOVERNING LAW (Nonnegotiable)

E. BEGINNING OF WORK

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. RECORD OF VENDOR PERFORMANCE

I. NOTICE OF POTENTIAL CONTRACTOR 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 SUBDIVISIONS OF THE STATE OR ANOTHER STATE

Q. FORCE MAJEURE

R. CONFIDENTIALITY

S. EARLY TERMINATION

T. CONTRACT CLOSEOUT

III. CONTRACTOR DUTIES

A. INDEPENDENT CONTRACTOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

v

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

D. COOPERATION WITH OTHER CONTRACTORS

E. DISCOUNTS

F. PRICES

G. COST CLARIFICATION

H. PERMITS, REGULATIONS, LAWS

I. INSURANCE REQUIREMENTS

J. NOTICE OF POTENTIAL CONTRACTOR 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

S. TIME IS OF THE ESSENCE

IV. PAYMENT

A. PROHIBITION AGAINST ADVANCE PAYMENT (Nonnegotiable) B. TAXES (Nonnegotiable) C. INVOICES (Nonnegotiable)

D. INSPECTION AND APPROVAL

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

V. SCOPE OF WORK

A. SCOPE

B. AMENDMENT

C. REVISIONS

GENERAL SECURITY CONCERNS/SITE RULES and REGULATIONS

E. CUSTOMER SERVICE

VI. TECHNICAL SPECIFICATIONS

A. CONTRACTOR INSTRUCTIONS

B. NON-COMPLIANCE STATEMENT

C. TECHNICAL SPECIFICATIONS: GENERAL EQUIPMENT COFFEES, TEAS AND/OR JUICE DISPENSERS – SEE

ATTACHMENTS F & G

D. TECHNICAL SPECIFICATION: ELECTRICAL CONNECTIONS: EQUIPMENT – SEE ATTACHMENTS F & G

E. TECHNICAL SPECIFICATIONS: ENERGY STAR PRODUCTS

F. TECHNICAL SPECIFICATION: BEVERAGE PROCUCTS

G. CATALOG OR PRICE LIST BEVERAGE PRODUCTS AND PRICING

H. CHANGES DURING LIFE OF CONTRACT

I. ANNUAL USAGE, ESTIMATED

J. USAGE REPORT

K. MAINTENANCE AND SERVICE REQUIREMENTS

L. ORDERS

M. DELIVERY LOCATIONS/INSTRUCTIONS (BIDDER IS CERTIFYING THAT THEY CAN MEET THE DELIVERY

LOCATIONS/INSTRUCTIONS

N. WESTERN NEBRASKA VETERANS’ HOME (WNVH), SCOTTSBLUFF, NE

O. PRODUCT PACKAGING

P. QUALITY

Q. AUTHORIZED DEALER & WARRANTY

R. SAMPLES

S. SUBSTITUTIONS

Form A Contractor Contact Sheet vi

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 (ARO): 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 (ACH): 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 (BAFO): In a competitive bid, the final offer submitted which contains contractor’s most favorable terms for price

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

Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the contractor will not withdraw the bid

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

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

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

Business Day: Any weekday, except State-recognized holidays

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

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

Catalog/Non-Core: A printed or electronic list of products a contractor 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 (CPU): 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.

vii

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 Contractor

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 Contractor

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 contractor’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the…