89609 O4 CONTRACT.pdf

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Attached to
NE|89609
Contract number
89609
Issued by
Nebraska

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Contract Award Summary

This is a Service Contract Award document from the State of Nebraska, Department of Correctional Services (NDCS), issued on February 5, 2026, for Contract Number 89609 O4 Extension 1. The awarded vendor is VVS Inc. (formerly WS Inc.), located in Cozad, Nebraska, with vendor number 502181. The contract was procured by Sam Franklin, Procurement Specialist for the NDCS Business Unit 46020182. The contract extends vending machine management and operations services at two NDCS facilities: TSCI (inmate welfare revenue machines) and WEC (non-revenue machines) for the period March 1, 2026, through February 28, 2027.

The contract is valued at $1.00 for each of eight line items covering vending services at both facilities, with each item representing distinct operational categories including inmate welfare revenue machines, non-revenue machines, and renewal and extension options. This is a non-exclusive contract, allowing NDCS to source similar services from other vendors. The vendor contact is Eddie Guerra, District Manager, and invoices are to be submitted to the NE Department of Correctional Services Accounts Payable at PO Box 94661, Lincoln, NE 68509-4661. The contract includes no renewal options beyond those explicitly listed; however, the document reflects the continuation of a long-standing relationship, with the original contract dating to 2020 and subsequent renewals in 2022 and 2024. All vending machine procurement, installation, maintenance, repair, and replacement costs are the responsibility of the contractor at no cost to NDCS. Service requirements include monthly restocking with a minimum 60% fill rate, 24-hour response time for service calls, 48-hour repair completion, and adherence to strict product freshness standards and healthy food options criteria.

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Other files

File Type Posted
89609-O4 ADDENDUM 2.pdf PDF
89609-O4 ADDENDUM 4.pdf PDF
89609-O4 CONTRACT AMD 1.pdf PDF
89609-O4 OPTIONAL WALKTHROUGH.pdf PDF
89609-O4 VENDOR RESPONSE.pdf PDF
89609-O4 ADDENDUM 5.pdf PDF
89609-O4 CONTRACT.pdf PDF
89609-04 ORIGINAL RFP 101883- O3.pdf PDF
89609-O4 ADDENDUM 1.pdf PDF
89609-O4 ADDENDUM 3.pdf PDF

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Text version

STATE OF NEBRASKA CONTRACT AWARD

PAGE PRINT DATE

1 of 2 2/5/2026

BUSINESS UNIT BUYER

46020182 SAM FRANKLIN (DCS) CONTRACT NUMBER

VENDOR NUMBER: 502181 89609 O4 EXT 1

VENDOR ADDRESS:

VVS INC

PO BOX 87

COZAD NE 69130-0087

AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE PERSONAL PROPERTY AND/OR SERVICES AS LISTED

BELOW FOR THE PERIOD:

MARCH 01, 2026 THROUGH FEBRUARY 28, 2027

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE PERSONAL PROPERTY AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Original/Bid Document 101883 O3

AGENCY SIGNATURE

R43500|NISK0001|NISK0001 20210628

Contract to supply and provide Management and Operations of vending services for the contract period of March 01, 2026, to February 28, 2027. There are no renewal options available.

Vendor Contact: Eddie Guerra, District Manager Phone: (800) 662-2924 Cell: (402) 480-0900 Email: eddie.guerra@vvscanteen.com

Invoices to: NE Department of Correctional Services Attn: Accounts Payable P.O. Box 94661 Lincoln, NE 68509-4661 Phone: (402) 479-5715 Email: DCS.AccountsPayable@nebraska.gov

EXTENSION ONE (1) AS AMENDED

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

2 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

3 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

RENEWAL 1

4 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

RENEWAL 1

Buyer: Sam Franklin Phone: 402-479-5579 Email: Sam.Franklin@nebraska.gov Fax: 402-479-5663

Docusign Envelope ID: 4C43F485-8984-4AA7-9915-24B5851C6733

2/10/2026

2/10/2026

STATE OF NEBRASKA CONTRACT AWARD

PAGE PRINT DATE

2 of 2 2/5/2026

BUSINESS UNIT BUYER

46020182 SAM FRANKLIN (DCS) CONTRACT NUMBER

VENDOR NUMBER: 502181 89609 O4 EXT 1

INITIALS

R43500|NISK0001|NISK0001 20210628

Line Description Quantity Unit of

Measure Unit Price

Extended Price

5 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

RENEWAL TWO

6 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

RENEWAL TWO

7 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

EXTENSION ONE

8 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

EXTENSION ONE

Total Order 8.00

Docusign Envelope ID: 4C43F485-8984-4AA7-9915-24B5851C6733

January 14, 2026

VVS Inc.

Attn: Eddie Guerra, District Manager PO Box 87 Cozad, NE 69130-0087

RE: Contract 89609 O4, Management and Operations of Vending Services at WEC and TSCI

Dear Mr. Guerra, The Nebraska Department of Correctional Services (NDCS) would like to extend Contract 89609 O4 for Management and Operations of Vending Services at WEC and TSCI from March 1, 2026, through February 28, 2027, at same terms and conditions. The current renewal period expires February 28, 2026.

If this is agreeable to VVS Inc., please sign below via DocuSign at your earliest convenience.

If you have any questions, you may contact me at 402-479-5779 or email me at sam.franklin@nebraska.gov.

Sincerely, Sam Franklin, Procurement Specialist Nebraska Department of Correctional Services

VVS Inc. agrees to the extension of Contract number 89609 O4 for One (1) year at the above terms and conditions. The updated Contract will be effective March 1, 2026, through February 28, 2027. An updated Contract will be sent upon completion of extension.

SIGNED: DATE:

TITLE:

Docusign Envelope ID: 22FCB78E-50A2-4BCF-AB6F-F5EC46871335

District Manager

1/16/2026

Docusign Envelope ID: 4C43F485-8984-4AA7-9915-24B5851C6733 mailto:sam.franklin@nebraska.gov

STATE OF NEBRASKA SERVICE CONTRACT AWARD

PAGE ORDER DATE

1 of 2 02/21/24

BUSINESS UNIT BUYER

46020182 SAM FRANKLIN (DCS) CONTRACT NUMBER

VENDOR NUMBER: 502181 89609 O4 REN2

VENDOR ADDRESS:

VVS INC

PO BOX 87

COZAD NE 69130-0087

AN AWARD HAS BEEN MADE TO THE VENDOR/CONTRACTOR NAMED ABOVE FOR THE SERVICES AS LISTED BELOW FOR THE

PERIOD:

MARCH 01, 2024 THROUGH FEBRUARY 28, 2026

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE

THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Original/Bid Document 101883 O3

AGENCY SIGNATURE

R43500|NISK0001|NISK0001 20210628

Contract to supply and provide Management and Operations of vending services for the contract period of March 1, 2024 to February 28, 2026. There are no renewal options available.

Vendor Contact: Eddie Guerra, District Manager Phone: (800) 662-2924 Cell: (402) 480-0900 Email: eddie.guerra@vvscanteen.com

Invoices to: NE Department of Correctional Services

Attn: Accounts Payable P.O. Box 94661 Lincoln, NE 68509-4661 Phone: (402) 479-5715 Email: DCS.AccountsPayable@nebraska.gov

Renewal Two (2) as amended.

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

2 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

3 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

RENEWAL 1

4 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

Buyer: Sam Franklin Phone: 402-479-5779 Email: sam.franklin@nebraska.gov

DocuSign Envelope ID: E759B88E-F137-4806-A2C9-745FF5D8A3B8

3/6/2024

3/11/2024

STATE OF NEBRASKA SERVICE CONTRACT AWARD

PAGE ORDER DATE

2 of 2 02/11/20

BUSINESS UNIT BUYER

46020182 SAM FRANKLIN (DCS) CONTRACT NUMBER

VENDOR NUMBER: 502181 89609 O4 REN2

INITIALS

R43500|NISK0001|NISK0001 20210628

Line Description Quantity Unit of

Measure Unit Price

Extended Price

RENEWAL 1

5 VENDING SERVICES: TSCI 1.0000 $ 1.0000 1.00

INMATE WELFARE REVENUE

RENEWAL TWO

6 VENDING SERVICES: WEC 1.0000 $ 1.0000 1.00

NONREVENUE

RENEWAL TWO

Total Order 6.00

DocuSign Envelope ID: E759B88E-F137-4806-A2C9-745FF5D8A3B8

January 15, 2024

VVS Inc PO Box 87 Cozad, NE 69130-0087

RE: Contract # 89609 O4, Management and Operations of vending services at WEC and TSCI

Dear Mr. Buffington, The above-named contract for Management and Operations of vending services at WEC and TSCI expires on February 29, 2024. The Nebraska Department of Correctional Services wishes to renew the contract for an additional one (1) two (2) year period; all other terms and conditions would remain the same.

If this is agreeable, please sign below via DocuSign. Please keep a copy for your records. If there are any updates to contact names or phone numbers, please note them for the record.

If no response is received within thirty (30) calendar days, the State of Nebraska will assume that VVS Inc does not intend to renew contract number 89609-O4.

If you have any questions, don’t hesitate to call me at (402) 479-5779.

Sincerely, Sam Franklin Purchasing Specialist

VVS Inc agrees to the renewal of contract #89609-O4 at the above terms and conditions. The renewed contract will be effective March 1, 2024, through February 28, 2026. The contract renewal will be e-mailed upon completion.

SIGNED: ________________________

TITLE: _________________________ DATE: __________

DocuSign Envelope ID: 7E5CA174-4D06-4191-871B-B8FC62B080E0

1/17/2024

1/22/2024Customer Service Manager

DocuSign Envelope ID: E759B88E-F137-4806-A2C9-745FF5D8A3B8

STA TE OF NEB RASKA SERVICE CONTRACT AMENDMENT

PAGE

BUSINESS UNIT

46020182

VENDOR NUMBER: 502181

VENDOR ADDRESS:

WSINC

PO BOX 87

COZAD NE 69130-0087

THE CONTRACT PERIOD IS:

ORDER DATE

06/29/22

BUYER

PEGGY ARP (DCS)

Buyer:

Phone:

Fax:

Email:

MARCH 01, 2022 THROUGH FEBRUARY 29, 2024

THIS SERVICE CONTRACT HAS BEEN AMENDED PER THE FOLLOWING INFORMATION:

CONTRACT NUMBER

89609 04 AMO 2

Peggy Arp ( 402) 4 79-5779

(402) 479-5663 peggy.arp@nebraska.gov

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE

THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Contract to supply and provide Management and Operations of vending services at WEC and TSCI for the contract period of March 1, 2022 to Feburay 29, 2024. The contract may be renewed for one (1) additional two (2) year period when mutually agreeable to the vendor and the State of Nebraska Departme~t of Correctional Services.

Vendor Contact: Scott Trumbley Phone: (402) 477-9760 Ext 103 Cell: (402) 480-0288 Fax: (402) 477-9730 Email: scott.trumbley@vvscanteen.com

Invoices to: NE Department of Correction?) Services

Accounts Payable P.O. Box 94661 ~ Lincoln, NE 68509---:4661

E-mail to: DCS.AccountsPayable@nebraska.gov Accounts Payable Contact (402) 479-5715

AMENDMENT TWO (2) AS ATTACHED.

AGENCY SIGNATURE

STA TE OF NEB RASKA SERVICE CONTRACT AMENDMENT

BUSINESS UNIT

46020182

VENDOR NUMBER: 502181

Line Description

3 VENDING SERVICES: TSCI

INMATE WELFARE REVENUE

RENEWAL 1

4 VENDING SERVICES: WEC

NON REVENUE

RENEWAL 1

ORDER DATE

06/29/22

BUYER

PEGGY ARP (DCS)

Unit of

CONTRACT NUMBER

89609 04 AMD 2

Unit Extended Quantity Measure Price Price

REVENUE CONTRACT FOR ALL FACILITIES

:i~

INITIALS

R43$00IN!SHOCOi!NISHOOO·f 2021{~28

DocuSign Envelope ID: 1370FAFA-6666-4373-9l :C020C27A181

AMENDMENT TWO (2)

89609 04

Provide Management & Operations of Vending Services for the NE Department of Correctional Services (NDCS) Between

NE Department of Correctional Services and WS, Inc

This Amendment (the "Amendment") is made by NDCS and WS, Inc, parties to 89609 04 (the "Contract"). Upon mutual agreement and other valuable consideration, the parties agree to and hereby amend the contract beginning July 1, 2022 as follows below:

1. Attachment B1 - "WS Pricing Proposal 2022-Nebraska Department of Correctional Services" report is being incorporated in it's entirety into the contract.

Inmate Vending Commission and Pricing A commission reduction for inmate snack and beverage items will go into effect at all NDCS facilities. Commission for snack items will be reduced 6% going from a 17% to 11 % commission.

Commission for beverage items will be reduced 5% going from 15% to 10% commission.

Contract pricing for inmate snack and beverage items will remain the same.

Staff/Non-Inmate Vending Prices A price increase of $0.15 cents will got into effect for all food, candy, & snacks. Beverage prices will increase $0.05 cents.

This amendment and any attachments hereto will become part of the Contract. Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Contract or any earlier amendment, the terms of this amendment will prevail.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

NE Department of Correctional Services

DocuSlgned by:

By: r:,.r. ~ 144503015501428 ...

Kate Severin Name: __________ _

Title: __ o_c_s_M_A_T_E_R_I_EL_A_D_M_I_N_rs_T_RA_TOR

• 6/29/2022 Date:. __________ _

Contractor: CONTRACTOR NAME 1,"J?"'""~

By: ~~""" V ,.u.lll'.'::I 's~&'fr""i'~umb l ey

Name: __________ _

Title: Assi Stant District Manager(East Region)

6/29/2022 Date:. __________ _

NTEEN

Nebraska Department of Correctional Services

March 2022

2. PRICE ADJUSTMENTS

• If there are changes in Factors, WS Canteen/Canteen Omaha may request modificatio prices in a manner proportionate to such changes.

• Notwithstanding the foregoing , Product prices may be adjusted by Canteen annually at equal to the greater of the then-current, relevant rate published for the Employment Cost the national or regional Consumer Price Index upon mutual agreement between all partie inflation overview

CPI

(Consumer Price Index)

CPI-Food Away From Home

ECI

(Employment Cost Index)

ECI-Wages & Salary Accommodation and

Food Services r

WHAT IT IS

the best overall inflation indicator for goods and services the best food service inflation indicator the best measure of labor inflation the best food service labor inflation indicator

WHEN IT'S PUBLISHED

monthly monthly quarterly quarterly

WHAT IT INC

• transportation • me

• shelter • enE

• commodities • foo

• food away from homE

• vending

• employee mec

• school meals

• salary • lab

• benefits

• establishments that pr

• lodging

• prepared mea beverages

A CPI or ECI rate of 5% means that product or labor costs are on average 5% more expensive today than one year ago

Food Away From Home in U.S.

CPI for All Urban Consumers (CPI-U) 12-Month Percent Change

Series Id: CUUR0000SEFV Not Seasonally Adjusted Series Title:

Area:

Food away from home in U.S. city average, all urban consumers, not seasonally adjusted U.S. city average

Item:

Base Period:

Years:

Food away from home 1982-84=100 2010 to 2020

12-month percentage change, Consumer Price Index, selected categories, not seasonally adjusted

Percent

50.0

25.0

0.0

·25.0

- Allitems

- Food al home

- Enerrv

- Electricity

- All items less food and energy

- Apparel

- Medical care commodities

- Sheller

- Education and communication

- Food

- food away from home

- Gasoline (alt types)

- Natural gas (piped)

- Commodities less food and enerev c:onL

- Newvehicl~

- Services less energv services

- Medical care services

CPI -FOOD AWAY FROM

HOME increased by 5.8% in lhe last year and 19% in lhe losl five years

AND

CPI - ALL increased by 6.8% in the last year and 15% in the lasl five years

LOCALITY FOOD OVERHEAD

nollonol 5.0% 6.8%

$ l?.00

$11.00

$11.60

$11.40

$11.?0

$ II .00

$10.BO

$10.60

$!DAO

$10.?0

$10.00 Nov ?016

Nov ?017 norlheost 6.9% 6.fffe, - 0-CPI. Al (Nollonul)

-50.0

Hovtt O\U du.rt (0 \U:111 dJtl

Jan

Jan

Jan

I lot'!! ~lldtd ,uu reprni!.nts recession. u duumin,nS by 1ht N1ocnll £uruu or Economic Ruurch Source US. £11ruucrU.bo1 Suumcs

Jan

Jan

Jan

Jan soulh mldwesl west

4.9% 7.'.l'A, 7.?$, 7.3%

5.1% 6.5%

Nov ?01/J

O CPI

( J

Inflation Overview benefits private industry •• • •

ECI-ALL

wages & salary goods producing service producing

I state & local government

Trade Education &

Health Services Professional

Services Leisure & Hospitality

Accommodation &

Food Service

Financial Services Transportation Other Services

Inflation Overview

NOTES: Accommodotlon & Foo<./ Se,v/ces ,ale should be used to cover employees who prepare food, snocl:s or bcveroges tor /mmedlote consumption.

T,ansporlallon & Maler/of Moving should be used lo cover labor for det:very drivers, slockers/re-11/ters, packers/pockogers ond/or moleriol moving workers.

II one or lhC! other role is not applicable. de/C!te the trend line In the visual and associated text on the /ell.

ECI - ACCOMMODATION

& FOOD SERVICES

increased by 8.1 % in the las!

year

AND

ECI - TRANSPORTATION &

MATERIAL MOVING

increased by 5.1 % in the last year

'tJ C :S .c t-i,640

" i-:j) $620 +8.1%

$600 :•::-1 +5,1%

$5130

$560 -- $j40 _&

~ $5?0

Nov Nov Nov Nov Nov Nov ?Olt, ?017 ?018 ?019 ?O?O ?0?l

-o- tCI - Wages cincJ Salary /1ccommodotion and f·oocl Sctvlccs (Na lionut)

-o- [Ct Wnges ond Salrny ror Trc1n~porto tlon ond Malerlol Moving (Notional)

$635

$612

CtV.1(1 IUAGt --

Consumer Price Index for All Urban Consumers, 12-month percent expenditure category, J.1nunry 2022

■ Umo.,1h puccmth..in.ge,IM. l 0U-/u\ . l 0U ■ Rcl.Ui,<e l~1unn""'ris

Food;i,t t,o.,...

(rtN~ Jnd lulc-rrp,oduth f,,ko-,h,f)Wll f. fi,h, .:irdrPJ.•

OJ·ry ,,r.d ,.,1~1d ptodu.h

Othcf fllVJJ\ home h:od n n yf,om home l n11tn lhi'itfJp'p<:dl g.u•rrvic.r

All ilrm1 lieu foo4 and me rev

(0..,,..,,.1,c, h,n food•nd rrrrn <a......dtti,,1 ljc,w ~ hidn l,Wil..il , .arc-u 1n111>0di1iie'I

Akoho!;c l,n""•'

Tul»u.o ,i/,d ur10Un1 prvc!un, Stl ffO IH \ U\O'lJ 1<1:1 .. -.~ l,,\,dit.al orr ••·•nk..,, r,,,tUPOllJl;gn 1cuicn .. '"" a;a.11;v4 . ..... , ,., ct~r,:1 Cl lJ a:1~ 1, M:-.v CSU chit 1, , t i,;, IH".l.

1!1/tO" U I . lctllJ Gf L1tu !i!Lllftu.

Supplier Pricing Documentation

IUJ SU!pjt>Jkler tncrr•ase

Product Increase Product Increase

Pepsi 3-5% Pepsi 5.9%

Coke 3% Coke 4.5%

Candy 9.8-11.1% Candy 6-13%

Chips 2-8% Chips 5%

Fresh Food 7%

Average Supplier Increase of 4.75% Average Supplier Increase of 6.8%

/ka~ff ~ ~(£}tu/ PEPSICO MARS WRIGLEY

Cc...,okctio,"" ry HERSHEY• 2020 & 2021 Average Supplier Increase is 5.375%

Notable Product Cost Trends

$ QIJAKFR

• ~ a ssorted Items: +8.1 % lo

Q.\JAKER +J9.9%

> I t •

, . KR Ar r tl[IN7 Kraft9/ctnL assorted items:+'1% 10

+20.8%

Ru E RUG[R a ll Items: 1-5.1 % f?J

,0'-'A C Ol A botl les: +2% lo +3.5%

PLPSI CG

bot lies: +4% select Items: +9%

DOILY

select Items: +6% to 1- J 2%

HERSHEY.-

1t,r 11ra~'"" cou r1.•,'r

Notable Product Cost Trends coffee prices have increased by 89% over the last 12 months largely due to limite

10.7 million less bags were produced in 2021 due to:

• shipping disruptions: l1urricanes in Nicaragua and Honduras hove dan-10,ged infraskucture & irnpacted trade routes

• weather: drou~~ht 8.,,. fro5f-s in Brazil, vvhich accoun1·s for 40% o f ·ihe 'Norld ''s output, have led to a 30% loss of Ara bfco crop; lndk1 has. o lso experienced a loss o f c rop due to heovy ra ins

Price Per ?ound

. A i d •

.,0/ _,,,,,,,,0-----0 ----

0-----0--a""

S1.23

,;(2 r(> I__, ...... ,--ri> ,,"'- ·, , .. ;, ;{"i;

_,;, ri-~ r•,:,. ,-.. ;, :;..,-{i, , . .,C),F ,•i✓ " ..-p. ,' -~:· (-0 , ... ~J ri;' ('It.I ,rY.· ,ri~-· ' ,' \• ,' , { L-· ri/ r~,. t

<J

., ... ,. "'\. '• 'o '{, Price Recommendations Inmate

Vending Commission Adjust on following categories:

6% decrease on snack items and 5% decrease on beverage items with no change in the consumer price.

Account Name:

Facility

Address:

City:

St:

Zip:

Product

Lg Snack Candy Lg Ba g Candy Cook ie Hot Bev Past,v Cl1 i ps

S- 6.7Soz

Ca rb Ca n s 12oz ch pb cracker/ p e anuts M i lk Pint Fresh food Fre s h food Fresh food Fresh food Fresh food Fresh food Fresh f ood Fresh f ood Fresh food Fresh food Fres h food Fres h food Fres h f o o d Fresh food Fres11 f ood Totals

NDCS

Tecumseh/WEC

Fill In Fill In V V

Current •Annualized Vend Price Units Sold

$1.30 94 $1.50 1,411 $2.75 778 $1.25 287 $0 .75 67 $1.60 305 $1.30 2,222 $1.00 4,509 $1.00 $1.80 268 $1.25 $1.50 $1.7 5 $2.00 37 $2.25 $2.50 $2.75 $3.00 60 $3.25 $3.50 171 $3.7 5 32 $4.00 729 $4 .25 $4.50 S4.75 752

11,722

•Annualized Sales

$122.20 $2, 116.50 $2,139.50

$358.75 S50.25

$488.00 $2, 888.60 $4,509.00

$0.00 $482.40

$0.00 $0.00 $0.00

$7 4.00

SO.OD

so.ool so.oo

$180.00 so.oo

$598.50 Sl20.00

$2,916.00 $ 0.00 $0.00

$3,572.00 $20,615.70

Cap % Adjustment >>>>>>>>>>> Allowed Increase >>>>>>>>

FIii in V

Increase Amount (i.e. $.OS) so.oo $0.00 S0.00 $0.00

SO.OD

$0.00 so.oo $0.00

SO.OD

$0.00 $ 0.00

SO.OD

$0.00 $0.00 $0.00

I $0.00 so.oo $0.00 so.oo $0.00

SO.OD

$0.00 $0.00 $0.00 $0.00

Proposed New Price

$1.30 $1.50 $2.75 $1.25 $0.75 $1 .60 Sl.30 $1.00 $1.00 Sl .80 $1.25 Sl .50 $1 .75 $2.00 $2.25 $2.50 $2.75 $3.00 $ 3.25 $3.50 $3.75 $4.00 $4 .25 $4 .50 S4 .75

S Increase

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 .00

SO.DO

$0.00 $0.00

SO.DO

$0.00 $0.00 $0.00 so.oo $0.00

SO.DO

$0.00 $0.0 0

SO.DO

$0.00

SO.DO

$0.00

SO.DO

$0.00

• NDCS Inmate c ontract pric ing will r emain a s i s and c ommis s ions will b e adjus te d as f ollo w s :

Snack Items commission decrease of 6¾ Current- 17¼ to New 11¾ Beverage Items a commission d ecrease of 5¾ C urre nt- 15¾ to N e w 10¾

% Increase

0.0% 0.0% 0 .0% 0.0% 0 .0% 0 .0 %

0.0 % 0 .0 %

0.0% 0.0% 0 .0% 0 .0% 0 .0% 0 .0% 0 .0% 0.0%

0.0 % 0.0% 0.0% 0.0% 0.0% 0 .0% 0 .0% 0 .0% 0 .0 % 0 .0 %

These two numb

Price Recommendations - Non Inmate Account Name: NDCS NON Ir

Facility Tecumseh/WEC

Vending price Address:

• City:

Adjust on St:

fo llowing Zip:

categories ( Equates to a Fill in Fill in Fill in

5.7% average V V V increase. Product current Annualized Annualized Sales Increase Amount Proposed New $ Increase % Total

Vend Price Units Sold* (i.e. $.05) ** Price Increase

Lg Snacks $1.35 405 $546.75 $0.15 $1.50 $60.75 0.1%

Candy $1.40 4,723 $6,612.20 $0.15 $1.55 $708.45 1.0% Lg Bag Candy $2.35 1,939 $4,556.65 $0.15 $2.50 $290.85 0.4%

Hot Bev $0.75 278 $208.50 $0.05 $0.80 $13.90 0.0% Pastry $1.45 3,840 $5,568.00 $0.15 $1.60 $576.00 0.8%

Chips $1.20 7,564 $9,076.80 $0.15 $1.35 $1,134.60 1.7%

Carb Bottles 20oz $1.90 14,550 $27,645.00 $0.05 $1.95 $727.50 1.1% Juice 15.2 $2.25 504 $1,134.00 $0.00 0.0% cookie Small $1.25 362 $452.50 $0.15 $1.40 $54.30 0.1% Cookie Large $1.75 530 $927.50 $0.10 $1.85 $53.00 0.1% ch pb cracker/peanuts $1.00 $0.00 $0.00 0.0% Energy 16oz $3.10 2,558 $7,929.80 $0.05 $3.15 $127.90 0.2%

Tea 16oz $2.25 610 $1,372.50 $0.05 $2.30 $30.50 0.0%

Sport Drink 20oz $2.00 1,342 $2,684.00 $0.05 $2.05 $67.10 0.1%

Totals 39,205 $68,714.20 $3,844.85 5.6% Cap % Adjustment»»»»>» 5.6% I\

Allowed Increase >»»»> $3,844.85 < These two numbe

Certificate Of Completion

Envelope Id: 1370FAFA666643739C968C020C27A 1 B1

Subject: Please DocuSign: 89609-04 AMD 2.pdf

Source Envelope:

Document Pages: 1

Certificate Pages: 3

AutoNav: Enabled

Envelopeld Stamping: Enabled

Signatures: 2

Initials: 0

Time Zone: (UTC-06:00) Central Time (US & Canada)

Record Tracking

Status: Original

6/29/2022 9:28:51 AM

Signer Events Scott Trumbley scott.trumb1ey@vvscanteen.com

Assistant District Manager(East Region)

Security Level: Email, Account Authentication (None)

Electronic Record and Signature Disclosure:

Accepted: 2/10/2022 5:42:56 PM ID: 9532bd50-53d1-48b 7-89c5-453578c87fbf

Holder. Autumn Hester

Autumn.Hester@nebraska.gov

Signature

Signature Adoption: Pre-selected Style

Signed by link sent to scott.trumbley@vvscanteen.com

Using IP Address: 72.46.58.107

Company Name: Nebraska Department of Correctional Services

Kate Severin

Kate.Severin@nebraska.gov

DCS MATERIEL ADMINISTRATOR

Nebraska Department of Correctional Services

Security Leve!: Email, Account Authentication (None)

Electronic Record and Signature Disclosure:

Accepted: 9/10/202010:31:11 AM ID: d1382ccf-7 e57-4a5a-818f-f51e4108493a

Signature Adoption: Pre-selected Style

Signed by link sent to Kate.Severin@nebraska.gov

Using IP Address: 164.119.5.179

Company Name: Nebraska Department of Correctional Services

In Person Signer Events Signature

Editor Delivery Events Status

Agent Delivery Events Status

Intermediary Delivery Events Status

Certified Delivery Events Status

Carbon Copy Events Status

Witness Events Signature

Notary Events Signature

DocuSign

Status: Completed

Envelope Originator:

Autumn Hester

11493 Sunset Hills Rd

Reston, VA 20190

Autumn.Hester@nebraska.gov

IP Address: 164.119.5.179

Location: DocuSign

Timestamp Sent: 6/29/2022 9:35:39 AM

Viewed: 6/29/2022 10:48:01 AM

Signed: 6/29/2022 10:48:55 AM

Sent: 6/29/2022 10:48:56 AM

Viewed: 6/29/202212:11:59 PM

Signed: 6/29/2022 12:12:05 PM

Timestamp

Timestamp

Timestamp

Timestamp

Timestamp

Timestamp

Timestamp

Times tamp

Envelope Summary Events

Envelope Sent

Certified Delivered

Signing Complete

Completed

Payment Events

Status

Hashed/Encrypted

Security Checked

Security Checked

Security Checked

Status

Electronic Reco.rd .and Signature Disclosure

Timestamps

6/29/2022 9:35:39 AM

6/29/2022 12: 11 :59 PM

6/29/2022 12:12:05 PM

6/29/2022 12:12:05 PM

Timestamps

Electronic Record and Signature Disclosure en on: 8/20/2020 2:52:56 PM

Parties agreed to: Scott Trumbley, Kate Severin

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

By checking the "I agree to use electronic records and signatures" box, I acknowledge that I understand and agree that:

1. Electronic Signature. My use of this electronic signature process indicates by intent to sign the record and my agreement to the terms and conditions contained therein.

2. Use of Electronic Signature is Not Required. I understand that I may refuse to sign any record by electronic means. IfI choose to exercise this right, I will contact the sender to arrange for the use of a paper-based signature process.

3. Acknowledging Access and the Ability to Store or Print the Record. I confirm that I am able to access the record electronically, and I am able to store or print the record. If for some reason I am unable to store or print the record, I will contact the sender to arrange for the use a paper-based signature process.

4. Copy of the Record. I may request a copy of the record by contacting the sender.

5. Uniform Electronic Transactions Act. This transaction is conducted in accordance with the requirements of the Uniform Electronic Transactions Act (Neb. Rev. Stat.§§ 86-612 to 86-643).

"---1 !J

STATE OF NEBR/ ~KA SERVICE CONTRACT Al"'\RD

BUSINESS UNIT

46020182

VENDOR NUMBER: 502181

VENDOR ADDRESS:

WSINC

PO BOX87

COZAD NE 69130-0087

ORDER DATE

02/11/20

BUYER

PEGGY ARP (DCS) CONTRACT NUMBER

89609 04 REN1

Procurement Specialist: Peggy Arp Phone: (402) 479-5779 Fax: (402) 479- 5663 Email: peggy.arp@nebraska.gov

AN AWARD HAS BEEN MADE TO THE VENDOR/CONTRACTOR NAMED ABOVE FOR THE SERVICES AS LISTED BELOW FOR THE

PERIOD:

MARCH 01, 2022 THROUGH FEBRUARY 29, 2024

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE

THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Contract to supply and provide Management and Operations of vending services for the contract period of March 1, 2022 to Feburay 29, 2024. The contract may be renewed for one (1) additional two (2) year period when mutually agreeable to the vendor and the State of Nebraska Department of Correctional Services.

Vendor Contact: Scott Trumbley Phone: (402) 477-9760 Ext 103 Cell: (402) 480-0288 Fax: (402) 477-9730 Email: scott.trumbley@vvscanteen.com

Invoices to: NE Department of Correctional Services Accounts Payable P.O. Box 94661 Lincoln, NE 68509-4661

E-mail to: DCS.AccountsPayable@nebraska.gov Accounts Payable Contact (402) 479-5715

Line Description

3 VENDING SERVICES: TSCI

INMATE WELFARE REVENUE

4 VENDING SERVICES: WEC

NONREVENUE

Total Order

Quantity Measure Price Price

REVENUE CONTRACT FOR ALL FACILITES

DocuSign Envelope ID: 46329A47-4C49-4EC9-9B74-99998512CE93

NEBR/\SK/\

Good Life. Great Mission.

DEPT OF CORRECTIONAL SERViCES

February 9, 2022

WSlnc P.O. Box87 Cozad Ne 69130-0087

RE: Contract 89609 04, Provide Management and Operations of Vending Services

Dear Mr. Trumbley, The contract with you for the above services will expire February 28, 2022. The Nebraska Department of Correctional Services wishes to renew the contract for an additional two (2) year period; all other terms and conditions would remain the same.

If this is agreeable to you, please sign below and return to my attention. Please keep a copy for your records. If there are any updates to contact names or phone numbers, please note them for the record.

If you have any questions, don't hesitate to call me at (402) 479-5779. Your help with this matter is greatly appreciated.

66lfisW,.d by, PEGGY ARP

9'iW',l{~9674E9

Procurement Specialist

WS agrees to renewal of contract #89609-04 at the above terms and conditions. The renewed contract will be effective March 1, 2022 through February 29, 2024. A new contract with updated contract number will be mailed upon completion of renewal.

ry:"V,:,,_~,'½

SIGNED: _L_E:::'c:'D:..:O;:;;DA.;;.78:;.AA--F __ 4c_B6c.. ... ____ _

TITLE:

Assistant District Manager(Eas0A~16,{j!.O/ZOZZ

Scott R. Frakes, Director

Dept of Correctional Services

PO. Box 94f.61 Lincoln. NE 68509•-4661 l~honc: 402-4-l1-26S4 h,nc 4U2-t.19-%'2.:)

corrections.nebraska.gov

STATE OF NEBRi'-'i'.JKA SERVICE CONTRACT AWn r<D

BUSINESS UNIT

46020182

VENDOR NUMBER:

VENDOR ADDRESS:

WSINC

PO BOX87

COZAD NE 69130-0087

502181

ORDER DATE

02/11/20

BUYER

PEGGY ARP (DCS)

Contact: Scott Trumbley, District Manager Phone: (402)-477-9760 Ext. 103 Cell: ( 402)-480-0288 Fax: (402)-477-9730 Email: scott. trumbley@vvscanteen.com, DEPT OF CORRECTIONAL

SERVICES

CONTRACT NUMBER

89609 04 AMD 1

Buyer: Peggy Arp Phone: (402)-479-5779 Fax: (402)-479-5663 Email: peggy.arp@nebraska.gov

AN AWARD HAS BEEN MADE TO THE VENDOR/CONTRACTOR NAMED ABOVE FOR THE SERVICES AS LISTED BELOW FOR THE

PERIOD:

MARCH 01, 2020 THROUGH FEBRUARY 28, 2022

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE

THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES:.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIO[?,i<OE, THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AN~j's!1:Ez~if ATE OF NEBRASKA.

:!•:1:"~~~/:.?.:Js Original/Bid Document 101883 03 df1. :~~: i;,:'

, . _, L ', • 111:

Line Description

VENDING SERVICES: TSCI

INMATE WELFARE REVENUE

VENDING SERVICES: WEC

NON REVENUE

P.O. Box 94661 Lincoln, NE 68509-4661

,, -!Jfllm: ~ 1 ,._, ... ,~ ,~).

Or via e-mail to: DCS.AccountsPayable@nebraska.gov Accounts Payable Contact (402) 479-5715

Extended Price

R-t3500jNISK0001jNISK0001 201SC901

AMENDMENT ONE (1)

89609 04

Provide Management & Operations of Vending Services for the NE Department of Correctional Services

(NDCS)

Between NE Department of Correctional Services and WS. Inc

This Amendment (the "Amendment") is made by the NDCS and WS. Inc, parties to 89609 04 (the "Contract"). Upon mutual agreement and other valuable consideration, the parties agree to and hereby amend the contract upon execution by both parties as follows below:

1. Attachment A 1, Revised Vending Machines by Location, is incorporated in its entirety into the contract.

2. "Description 2" on line 2 (WEC) due to a clerical error will be changed from " "Inmate Welfare Revenue" to "Nonrevenue."

Line Descri tion 1 Descri tion 2

2 VENDING SERVICES: WEC NONREVENUE

This amendment and any attachments hereto will become part of the Contract. Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Contract or any earlier amendment, the terms of this amendment will prevail.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

~~ Dep;f:';JJ~Jy'~ces

Name: ½ttlf ~e,\[eViV\.

Title:OC0 t\J\tl:xieJ Mmrn 1=ha~ Date: q -to-"2,02,U

Tecumseh, Nebraska Location

Tecumseh State Correctional Institution Brandi Holley 402-335-5109

2725Hwy50

Credit Card readers are installed on all machines in all locations with signal capability

Tecumseh, NE 68450 All machines with the exception of 2 machines have not been completed

Due to Covid 19

Facilitv Machine Location Ty~e of Machine

TSCI Visiting Room Cold Sandwich

TSCI Visiting Room Cold Sandwich

TSCI Visiting Room Cold Sandwich

TSCI Visiting Room Snack

TSCI Visiting Room Snack

TSCI Visiting Room Pop

TSCI Visiting Room Pop

TSCI Visiting Room Coffee

TSCI Warehouse Pop

TSCI Gatehouse Pop

TSCI Gatehouse Snack

TSCI Gatehouse Coffee

TSCI Gatehouse Bill Changer

TSCI Gatehouse Bill Changer

TSCI Gatehouse Bill Changer

TSCI Secure side of Turnkey pop

TSCI Secure side of Turnkey Pop

TSCI Secure side of Turnkey Pop

TSCI Secure side of Turnkey Coffee

TSCI Secure side of Turnkey Snack

TSCI Secure side of Turnkey Cold sandwich

TSCI Secure side of Turnkey Bill Changer

TSCI Administration Area Pop

TSCI SMU Pop

TSCI SMU Snack

McCook, Nebraska Location

Work Ethic Camp Cpl. Deb Swanson 308-345-8458 ext. 267

2309NHwy83

McCook, NE 69001

Facility Machine Location Ty~e of Machine

WEC Admin Bldg Pop

WEC Admin Bldg. Snack

Make[Model of Machine Needs Machine Provided Number U~graded

Crane 32174 X

Crane 32088

Crane 32053

Crane 6515

Crane 6516

Dixie Narco 22100

Royal Vendors 22098

Crane 14180

Dixie Narco 18436

Dixie Narco 22099

Crane 6107

Crane 14123

Rowe 28063

Rowe 28318

Rowe 39262

Dixie Narco 18283

Dixie Narco 18320

Dixie Narco 20429

Crane 14170

Crane 6043

Crane 32008

Rowe 28189

Dixie Narco 17036

Dixie Narco 22202

Crane 4053

Make[Model of Machine Needs

Machine Provided Number U~graded

Dixie Narco 20890

Crane 7015 X

STATE OF NEBRJ..JKA SERVICE CONTRACT AW,-.,..~D

BUSINESS UNIT

46020182

VENDOR NUMBER:

VENDOR ADDRESS:

WSINC

POBOX87

COZAD NE 69130-0087

502181

ORDER DATE

02/11/20

BUYER

PEGGY ARP (DCS)

Contact Scott Trumbley, District Manager Phone: (402)-477-9760 Ext. 103 Cell: (402)-480-0288 Fax: (402)-477-9730 Email: scott.trumble vvscanteen.com

DEPT OF CORRECTIONAL

SERVICES

CONTRACT NUMBER

89609 04

Buyer:

Phone:

Fax:

Email:

Peggy Arp (402)-479-5779 (402)-479-5663 peggy.arp@nebraska.gov

AN AWARD HAS BEEN MADE TO THE VENDOR/CONTRACTOR NAMED ABOVE FOR THE SERVICES AS LISTED BELOW FOR THE

PERIOD:

MARCH 01, 2020 THROUGH FEBRUARY 28, 2022

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES: ~r:·: ,. "' THE STATE RESERVES THE RIGHT TO EXTEND THE PERIQD~Of,';_THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND;TH-E.:STATE OF NEBRASKA.

Original/Bid Document 101883 03 !~i I ff!! if1·;

i ~ J~4L fl i :,1,z.;.;;;:,~11,,;I I

_t;~(:, .. :,._··I. ~ ;;:-.E,~~

Extended Price

NE Department of Correctional Services Accounts Payable P.O. Box 94661 Lincoln, NE 68509-4661 Or via e-mail to: DCS.AccountsPayable@nebraska.gov Accounts Payable Contact (402) 479-5715

AGENCY SIGNATURE

R-l25001NISK0001!NISK!.."001 2D1$0901

State of Nebraska DEPARTMENT OF CORRECTIONAL

SERVICES

RETURN TO:

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

NDCS

Peggy Arp P.O. Box 94661 Lincoln, NE 68509 (402)-479-5779

SOLICITATION NUMBER RELEASE DA TE

RFP 101883 03 Auqust 21,2019

OPENING DATE AND TIME PROCUREMENT CONTACT

October 1, 2019 2:00 p.m. Central Time Peaav Arp

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Department of Correctional Services is issuing this Request for Proposal (RFP) Number 101883 03 for the purpose of selecting a qualified Contractor to provide management and operations of vending services. 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 services from other sources now or in the future.

The term of the contract will be two (2) years commencing upon execution of the contract by the State and the Contractor. 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.

ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT:

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

An optional Pre-Proposal Conference will be held on September 12 and 13, 2019 per the Locations and Times on the Schedule of Events.

Locations and Times noted on page 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 proposal or response will be posted to a public website managed by DAS, which can be found at http:/lstatecontracts.nebraska.gov.

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

These postings will include the entire proposal or response. Contractor must request that proprietary information be excluded from the posting. The contractor must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate container or envelope marked conspicuously using an indelible method with the words "PROPRIETARY INFORMATION". The contractor must submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992) THE SUPPLIER MAY NOT ASSERT THAT THE ENTIRE PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE ST ATE OF NEBRASKA. The State will then determine, in its discretion, if the interests served by nondisclosure outweighs any public purpose served by disclosure. (See Neb. Rev. Stat.§ 84-712.05(3)) The Contractor will be notified of the agency's decision. Absent a State determination that information is proprietary, the State will consider all information a public record subject to release regardless of any assertion that the information is proprietary.

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

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

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

ii RFP Boilerplate I 07012019

TABLE OF CONTENTS

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES ............................................................................................................. i

TABLE OF CONTENTS ............................................................................................................................................................................ iii

GLOSSARY OF TERMS ........................................................................................................................................................................... vi

ACRONYM LIST ....................................................................................................................................................................................... xi

I. PROCUREMENT PROCEDURE

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

L.

M.

N.

0.

P.

Q.

R.

S.

T.

U.

V.

w.

X.

Y.

Z.

AA.

BB.

CC.

DD.

GENERAL INFORMATION ..

PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

SCHEDULE OF EVENTS ..

WRITTEN QUESTIONS AND ANSWERS

PRE-PROPOSAL CONFERENCE ..

NOTICE OF INTENT TO ATTEND OPTIONAL PRE-PROPOSAL CONFERENCE ..

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

ETHICS IN PUBLIC CONTRACTING.

DEVIATIONS FROM THE REQUEST FOR PROPOSAL

SUBMISSION OF PROPOSALS ..

PROPOSAL PREPARATION COSTS

FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

PROPOSAL CORRECTIONS

LATE PROPOSALS ..

PROPOSAL OPENING

REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS.

EVALUATION COMMITTEE ..

EVALUATION OF PROPOSALS ..

ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS

DISCOUNTS

PRICES ..

COST CLARIFICATION ..

BEST AND FINAL OFFER ...

REFERENCE AND CREDIT CHECKS ..

AWARD ..

ALTERNATE/EQUIVALENT PROPOSALS ..

LUMP SUM OR "ALL OR NONE" PROPOSALS ..

EMAIL SUBMISSIONS ..

REJECTION OF PROPOSALS ..

RESIDENT BIDDER.

········2 ········3 ········3

.3

········4

········5

········5

········6 •••••· 7

········ 7

·········7

·········8

••••••••• 8 ·········8

.9

·········9 ········· 9

·········9 .9

II. TERMS AND CONDITIONS

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

L.

M.

N.

0.

GENERAL..

NOTIFICATION ..

BUYER'S REPRESENTATIVE

GOVERNING LAW (Statutory) ..

BEGINNING OF WORK. ..

AMENDMENT ...

CHANGE ORDERS OR SUBSTITUTIONS ..

VENDOR PERFORMANCE REPORT(S)

NOTICE OF POTENTIAL CONTRACTOR BREACH

BREACH ..

NON-WAIVER OF BREACH

SEVERABILITY ..

INDEMNIFICATION

ATTORNEY'S FEES .. .

ASSIGNMENT, SALE, OR MERGER ..

iii

······· 11

••••••• 12 ······· 12

······· 14

RFP Boilerplate I 07012019

P.

Q.

R.

S.

T.

CONTRACTING WITH OTHER NEBRASKA POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE 15

FORCE MAJEURE

CONFIDENTIALITY .. .

EARLY TERMINATION

CONTRACT CLOSEOUT ..

····· 16 ······ 17

Ill. CONTRACTOR DUTIES

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

L.

M.

N.

INDEPENDENT CONTRACTOR/ OBLIGATIONS

EMPLOYEE WORK ELIGIBILITY STATUS .. ••••••••••••••••• 19

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

COOPERATION WITH OTHER CONTRACTORS

PERMITS, REGULATIONS, LAWS

INSURANCE REQUIREMENTS

ANTITRUST ..

CONFLICT OF INTEREST ...

STATE PROPERTY

SITE RULES AND REGULATIONS

ADVERTISING ..

DISASTER RECOVERY/BACK UP PLAN

DRUG POLICY

WARRANTY ...

IV. PAYMENT

A.

B.

C.

D.

E.

F.

G.

H.

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

INVOICES/COMMISSION REPORTING

INSPECTION AND APPROVAL ..

PAYMENT (Statutory) LATE PAYMENT (Statutory) ..

SUBJECT TO FUNDING/ FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Statutory) RIGHT TO AUDIT (First Paragraph is Statutory)

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A.

B.

C.

D.

E.

E.

F.

G.

F.

PROJECT OVERVIEW ..

INMATE WELFARE.

FACILITY-SERVICE IS ALL OR NONE WITHIN EACH FACILTY ..

SCOPE OF WORK

PROJECT ENVIROMENT ...

TECHNICAL REQUIREMENTS ..

CONTRACTOR'S PERSONNEL AND NDCS SITE/SECURITY REQUIREMENTS

BIDDER REQUIREMENTS

DELIVERABLES ..

.27

.33

VI. PROPOSAL INSTRUCTIONS

A. PROPOSAL SUBMISSION

VII. COST PROPOSAL REQUIREMENTS

A.

B.

c.

D.

COST SHEET ...

PRICES ..

FACILITY - SERVICE IS ALL OR NONE WITHIN EACH FACIL TY

PAYMENT SCHEDULE ..

Form A Contractor Proposal Point of Contact

Form B Notification of Intent to Attend Optional Pre-Proposal Conference

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

iv RFP Boilerplate I 07012019

V RFP Boilerplate I 07012019

GLOSSARY OF TERMS

Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State of Nebraska or other sources of testing standards, for measuring the effectiveness of products or services 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: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any other office or agency established by the Constitution of Nebraska.

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 proposals will be awarded according to the provisions in the solicitation.

Best and Final Offer (BAFO): In a competitive proposal, the final offer submitted which contains the contractor's most favorable terms for price.

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 a proposal 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 purchase order without expectation of conducting or performing it at a later time.

CCCL: Community Corrections Center - Lincoln

CCCO: Community Corrections Center - Omaha

CO: Central Office

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 or contract.

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.

vi RFP Boilerplate I 07012019

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

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

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

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

Contract Award: Occurs upon execution of the State document titled uService Contract Award" by the proper authority.

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, or licensed to do so, who seeks to provide goods or services under the terms of a written solicitation.

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.

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 services provided by the Contractor.

CW: Central Warehouse

DEC: Diagnostic & Evaluation

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 proposals (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 URenewal Period".

Free on Board (F.0.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.0.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.

FSP: Federal Surplus Property vii RFP Boilerplate I 07012019

Installation Date: The date when the procedures described in ulnstallation by Contractor'', and "Installation by Staten, 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 Proposal: A proposal that does not meet the requirements of the solicitation or cannot be evaluated against the other proposals.

Late Proposal: 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.

LCC: Lincoln Correctional Center

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

Module (see System): A collection of routines…

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