Deloitte Combined.pdf

PDF 11 MB Posted Oct 7, 2025

Attached to: Home Energy Rebate Programs Applications and Implementation
Solicitation number: 120003 O5
Issued by: Blaine County, Nebraska

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Written by GovTribe AI · Nov 24, 2025

This is a Request for Proposal (RFP) response submission from Deloitte & Touche LLP to the Nebraska Department of Environment and Energy (NDEE) for the design and implementation of the Home Energy Efficiency Rebates (HOMES) and Home Electrification and Appliance Rebates (HEAR) programs under Inflation Reduction Act (IRA) Sections 50121 and 50122. The solicitation, numbered RFP 120003 O5, was issued January 21, 2025, with proposals due the same date at 2:00 p.m. Central Time. Deloitte proposes a comprehensive approach spanning approximately 4.5 years that includes developing program applications, establishing technology infrastructure, recruiting and training contractors, performing outreach and stakeholder engagement, processing rebate applications and payments, and submitting required reports to the U.S. Department of Energy (DOE). The contract term will extend six years from execution through September 30, 2031, with potential for extension. Deloitte has partnered with DNV Energy Services USA Inc. as a subcontractor, leveraging over 20 years of service to Nebraska and combined experience implementing similar programs across multiple states.

Deloitte's fixed-price proposal totals $17,975,000 for administrative and implementation services, structured across monthly invoicing during program development and operational phases with one-time payments for application submissions and closeout reporting. This amount excludes programmatic rebate funding that will flow directly to eligible recipients and is contingent upon NDEE's successful submission and DOE approval of grant applications. Key design decisions that may impact final pricing include the choice between modeled versus measured energy savings methodologies, point-of-sale versus alternative rebate delivery approaches, assessment staffing structures, contractor software selection, utility data integration for categorical eligibility determination, income verification methods, geographic program scope, and implementation timeline acceleration. Deloitte's pricing assumes a modeled approach for energy savings calculations with a measured approach pilot component, and excludes costs for contractor assessment software and third-party post-installation certification, which would be incorporated into the rebate budget. The proposal demonstrates Deloitte's existing relationships with Nebraska utilities, including Omaha Public Power District, and its experience supporting multiple state agencies through previous contracts.

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Other files

File	Type	Posted
120003 O5 Exhibit C IRA Rebates Special Terms & Conditions.pdf	PDF	Oct 7, 2025
120003 O5 Exhibit A Program Requirements & Application Instructions.pdf	PDF	Oct 7, 2025
120003 O5 Cost Sheet.xlsx	XLSX spreadsheet	Oct 7, 2025
120003 Solicitation Addedum One Questions final.docx	DOCX document	Oct 7, 2025
PDS Combined.pdf	PDF	Oct 7, 2025
120003 O5 RFP Respondents List Revised.docx	DOCX document	Oct 7, 2025
120003 O5 Exhibit B Administrative and Legal Requirements (ALRD).pdf	PDF	Oct 7, 2025
NE_DAS_Materiel_SPB_S-8_FinalEvaluationDocument_10.7.25.xlsx	XLSX spreadsheet	Oct 7, 2025
120003 O5 Solicitation Addendum Two-Revised Schedule of Events.docx	DOCX document	Oct 7, 2025
120003 O5 RFP.docx	DOCX document	Oct 7, 2025
120003 O5 Intent to Award.docx	DOCX document	Oct 7, 2025
120003 O5 Evaluation Criteria.docx	DOCX document	Oct 7, 2025
Egis Response.pdf	PDF	Oct 7, 2025
120003 O5 Exhibit D Data and Tools Requirements Guide.pdf	PDF	Oct 7, 2025
120003 O5 Attachment A Technical Requirements.docx	DOCX document	Oct 7, 2025
120003 O5 Exhibit C IRA Rebates Special Terms & Conditions.pdf	PDF	May 16, 2025
120003 O5 Cost Sheet.xlsx	XLSX spreadsheet	May 16, 2025
120003 O5 RFP.docx	DOCX document	May 16, 2025
120003 O5 Evaluation Criteria.docx	DOCX document	May 16, 2025
120003 O5 Exhibit D Data and Tools Requirements Guide.pdf	PDF	May 16, 2025
120003 O5 Attachment A Technical Requirements.docx	DOCX document	May 16, 2025
120003 O5 Exhibit A Program Requirements & Application Instructions.pdf	PDF	May 16, 2025
120003 Solicitation Addedum One Questions final.docx	DOCX document	May 16, 2025
RFP Respondents List.docx	DOCX document	May 16, 2025
120003 O5 Solicitation Addendum Two-Revised Schedule of Events.docx	DOCX document	May 16, 2025
120003 O5 Exhibit B Administrative and Legal Requirements (ALRD).pdf	PDF	May 16, 2025
120003 O5 Exhibit A Program Requirements & Application Instructions.pdf	PDF	Feb 27, 2025
120003 O5 Cost Sheet.xlsx	XLSX spreadsheet	Feb 27, 2025
120003 O5 Attachment A Technical Requirements.docx	DOCX document	Feb 27, 2025
120003 O5 Exhibit C IRA Rebates Special Terms & Conditions.pdf	PDF	Feb 27, 2025
120003 Solicitation Addedum One Questions final.docx	DOCX document	Feb 27, 2025
120003 O5 Exhibit B Administrative and Legal Requirements (ALRD).pdf	PDF	Feb 27, 2025
120003 O5 Solicitation Addendum Two-Revised Schedule of Events.docx	DOCX document	Feb 27, 2025
120003 O5 Exhibit D Data and Tools Requirements Guide.pdf	PDF	Feb 27, 2025
RFP Respondents List.docx	DOCX document	Feb 27, 2025
120003 O5 Evaluation Criteria.docx	DOCX document	Feb 27, 2025
120003 O5 RFP.docx	DOCX document	Feb 27, 2025
120003 O5 Cost Sheet.xlsx	XLSX spreadsheet	Feb 4, 2025
120003 O5 Exhibit A Program Requirements & Application Instructions.pdf	PDF	Feb 4, 2025
120003 O5 Exhibit C IRA Rebates Special Terms & Conditions.pdf	PDF	Feb 4, 2025
120003 O5 Exhibit D Data and Tools Requirements Guide.pdf	PDF	Feb 4, 2025
120003 O5 Solicitation Addendum Two-Revised Schedule of Events.docx	DOCX document	Feb 4, 2025
120003 O5 Exhibit B Administrative and Legal Requirements (ALRD).pdf	PDF	Feb 4, 2025
120003 O5 Evaluation Criteria.docx	DOCX document	Feb 4, 2025
120003 Solicitation Addedum One Questions final.docx	DOCX document	Feb 4, 2025
120003 O5 Attachment A Technical Requirements.docx	DOCX document	Feb 4, 2025
120003 O5 RFP.docx	DOCX document	Feb 4, 2025
120003 O5 Evaluation Criteria.docx	DOCX document	Jan 14, 2025
120003 O5 Cost Sheet.xlsx	XLSX spreadsheet	Jan 14, 2025
120003 O5 RFP.docx	DOCX document	Jan 14, 2025

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Nebraska Department of Environment and Energy U.S. DOE Home Energy Rebate Programs Request for Proposal Number: RFP 120003 O5 January 21, 2025 | Deloitte & Touche LLP

State of Nebraska Department of Environment and Energy

RFP 120003 O5

Table of Contents

I. CORPORATE OVERVIEW AND TECHNICAL APPROACH 3

1. Corporate Overview 3

1.a. Bidder Identification and Information 3

1.b. Financial Statements 4

1.c. Change of Ownership 5

1.d. Office Location 5

1.e. Relationships with the State 5

1.f. Bidder’s Employee Relations to State 8

1.g. Contract Performance 8

1.h. Summary of Bidder’s Corporate Experience 8

1.i. Summary of Bidder’s Proposed Personnel/Management Approach 14

1.j. Subcontractors 18

2. Technical Approach 19

2.a. Understanding of the Scope of Work and Requirements 19

2.b Proposed Development Approach 20

2.c. Technical Requirements 23

2.d. Detailed Project Work Plan, Management, and Implementation 23

2.e. Deliverables and Due Dates 47

II. TERMS AND CONDITIONS 50

III. VENDOR DUTIES 57

IV. PAYMENT 65

V. APPENDIX 67

5.a. Appendix A: Resumes 67

5.b. Appendix B: Form A - Bidder Proposal Point of Contact 82

5.c. Appendix C: Contractual Agreement Form 83

January 21, 2025

State Purchasing Bureau ATTN: Dianna Gilliland and Kelly Rowlands, Procurement Contract Officers 1526 K Street, Suite 130 Lincoln, NE 68508

Subject: Response to RFP# 120003 O5 - Implement the Home Energy Efficiency Rebates and the Home Electrification and Appliance Rebates Programs

Dear Ms. Gilliland and Rowlands:

We applaud the State of Nebraska’s hard work and leadership to plan for the Home Energy Efficiency Rebates (HOMES) and Home Electrification and Appliances Rebates (HEAR) programs and imagine a better future for Nebraska where energy costs are reduced for people who need it most and a new skilled energy workforce is made up of well-paid Nebraskans with sustainable careers. As the Program Administrator, the responsibility of Nebraska Department of Environment and Energy (NDEE) is significant to get contractors engaged, market and support residents through the process, provide the right set of energy measures that achieve the program’s intended outcomes, and comply and report progress to the U.S. Department of Energy (DOE).

This responsibility calls for a partner that understands Nebraska's culture, from Omaha to Scottsbluff and Valentine to McCook, Nebraska’s energy ecosystem including its stakeholders, and the diversity between the urban, suburban, rural, farming, and ranching communities across the state. With 20+ years serving the State of Nebraska and with over 250 Deloitte employees calling Nebraska home, we know the state, we appreciate NDEE’s expectations for what it looks to accomplish with the program, we understand Nebraska’s unique dynamics across its geographies, and we know the stakeholders (both internal to the state government and external) who need to be involved to make this program a success. Deloitte has teamed with our strategic partner DNV Energy Services (“DNV”) for this proposal (“Team Deloitte”). Deloitte’s established track record designing HOMES and HEAR in North Carolina, Wyoming, and Arkansas, combined with DNV’s experience implementing similar energy rebate programs for investor-owned and public power utilities in 35 other states and managing $284M+ in energy rebates in 2023 alone, makes us the right fit for NDEE’s program design and implementer role.

The pages that follow convey our passion for high-quality client service and commitment to achieving the objectives of the HOMES and HEAR programs by providing:

Deloitte & Touche LLP 1100 Capitol Ave, Suite 300 Omaha, NE 68102 +1 402 346 7788 www.deloitte.com

DOE Home Energy Rebate Programs

Choosing a consultant you know and trust, who has consistently delivered quality project outcomes on time and within budget is crucial to the success of this program. We place immense value on our relationship serving Nebraska. We have a sincere and vested interest in collaborating with you throughout this critical endeavor and look forward to continuing to build on our accomplishments to achieve new successes.

We are excited by the prospect of building on our relationship with NDEE, and we look forward to working with you to achieve optimum value. If you have questions or require additional information, please reach out to Dan Kinsella at or Jeff Harrison at

Sincerely, Dan Kinsella Rana Sen Nebraska Office Managing Partner National, State & Local Energy Leader Deloitte & Touche LLP Deloitte Consulting LLP

I.CORPORATE OVERVIEW AND TECHNICAL APPROACH

1. Corporate Overview

1.a. Bidder Identification and Information Deloitte has had the opportunity to serve the State of Nebraska for more than 20 years building on our 70-year local legacy of supporting the Nebraska community. Our commitment extends beyond client services; we are dedicated to making a meaningful difference in the lives of our neighbors through the more than 30 Local Community Organization Boards that our professionals belong or actively supporting, Deloitte has a 175-year history of setting the standard for excellence and integrity and a US workforce of more than 170,000 professionals across 108 cities, we provide a comprehensive risk and financial advisory, consulting, audit & assurance, and tax services, we combine a global and national reach with deep local roots and focus.

Figure 1.1 outlines Deloitte’s identification and information with additional details about our office in Nebraska in section 1.d and our contractual relationships with the State in section 1.e.

Contractor Identification and Information

Name: Deloitte & Touche LLP

Nebraska Office:

Headquarters:

1100 Capitol Avenue, Suite 300 Omaha, NE 68102

30 Rockefeller Plaza New York, NY 10112

Entity organization: (corporation, partnership, proprietorship)

Limited Liability Partnership

State in which the bidder is incorporated or otherwise organized to do business

Delaware

Year in which the bidder first organized to do business Original entity founded in 1845. Current entity, Deloitte & Touche LLP, became a limited liability partnership in 2003.

Whether the name and form of organization has changed since first organized

Yes, since Deloitte was founded in 1845, it has undergone numerous organizational changes. The bidder for this RFP is Deloitte & Touche LLP, which is a subsidiary of Deloitte LLP. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries.

Figure 1.1 Deloitte is a nationally known advisor to State and local governments. Our decades of experience give us the tools to support Nebraska.

1.b. Financial Statements

Deloitte LLP and Subsidiaries – By the numbers

U.S. Firms ($ U.S. billions) 2024 2023 2022

Offices (national and regional) 136 134 130

People 172,809 171,100 156,937

Deloitte LLP and Subsidiaries – By the numbers

U.S. Firms ($ U.S. billions) 2024 2023 2022

Source: Deloitte LLP, New York

Figure 1.2 Deloitte LLP Financial Information

1.c. Change of Ownership

1.d. Office Location To empower NDEE with a wide range of subject matter experience as may be required for performance of the scope of work, Deloitte will provide national resources with the experience in designing and implementing HOMES and HEAR programs across the country. We will serve the State through our office in Omaha, Nebraska. Our Omaha-based leadership team is available to provide support, knowledge, and experience as outlined in Figure 1.3.

Office Location Name: Deloitte

Nebraska Office Address: 1100 Capitol Avenue, Suite 300 Omaha, NE 68102-1113

Contact Person & Title: Daniel Kinsella, Nebraska Office Managing Partner Jeff Harrison, State of Nebraska Account Senior Manager

E-mail Address:

Telephone Number (Office): +1 402 346 7788

Figure 1.3 Deloitte’s existing Omaha office and Nebraska leadership team will deliver the services under this contract

1.e. Relationships with the State Deloitte has had the opportunity to serve the State of Nebraska, the University System, and various local jurisdictions for more than 20 years as part of our 70-year history supporting local clients. We bring a local focus with a national reach. We will serve the State with our Nebraska-based leadership team that has worked with over a dozen agencies at the State.

Deloitte is the recipient of the Governor’s Wellness Award which demonstrates our commitment and dedication to incorporate a culture of health and wellness into our workplace for our Nebraska professionals and our program team members that support the State.

1.e.1 Deloitte Supported State of Nebraska Projects

Department or Agency

Description

Health and Human Services

Child Care Stabilization Program

Contract: NDAS-21-0000-MSA-HHSCC

Data Management and Analytics

Contract: 78047 O4

Governor’s Office

Nebraska Coronavirus Relief Funds (CRF)

Contract: 20-NE-C19-SA

Emergency Rental Assistance Program

Contract: NE-21-0000-MSA-ERAP

State Broadband Support

Contract: 95281 O4

Department or Agency

Description

Economic Development

American Rescue Plan Act

Nebraska Emergency Management Agency

Federal Emergency Management Agency Public Assistance

Contract: 20-NE-C19-SA and 95281 O4

Administrative Services

Accounting and Financial Reporting

Agriculture American Rescue Plan Act

Labor Audit Remediation and Annual Comprehensive Financial Report Support

American Rescue Plan Act

1.f. Bidder’s Employee Relations to State No Party mentioned in the bidder’s proposal response is or was an employee of the State within the past twelve (12) months. To the best of our knowledge and belief, no employee of any agency of the State of Nebraska is employed by the bidder or is a subcontractor to the bidder, as of the due date for proposal submission.

1.g. Contract Performance

1.h. Summary of Bidder’s Corporate Experience

The next section outlines three specific, detailed examples of our experience in the successful, efficient, and accurate distribution of grant funding with other states and local agencies of comparable size, scope, and complexity.

1.h.1 HOMES and HEAR Program Design and Application Support

Client Name Department of Energy & Environment (Prime Vendor: Deloitte)

Time Period

Scheduled Date and Completion Date

Planned/Actual Budget

Responsibilities

Client Name Department of Energy & Environment (Prime Vendor: Deloitte)

Customer Contact Information

Contract Type Time and Materials

1.h.2 HOMES and HEAR Program Design and Application Support

Client Name Energy Authority (Prime Vendor: Deloitte; Subcontractor: DNV)

Time Period

Actual Completion Date

Client Name Energy Authority (Prime Vendor: Deloitte; Subcontractor: DNV)

Contract Type Firm Fixed Price

1.h.3 Instant Discounts

Client Name Energy (Prime Vendor: DNV)

Time Period

Actual Completion Date

Client Name Energy (Prime Vendor: DNV)

Contract Type Firm Fixed Price

1.i. Summary of Bidder’s Proposed Personnel/Management Approach Our proposed team of qualified practitioners stand ready to support NDEE throughout all stages of the program lifecycle. This team includes

The following individuals are key personnel who will be part of this engagement project throughout the contractual period (Figure 1.6). Detailed resumes for each individual are provided in Appendix A, in addition to other representative resumes of Team Deloitte.

Key Personnel

1.j. Subcontractors Deloitte has strategically decided to partner with DNV Energy USA Inc. for this engagement because of DNV’s significant experience with existing rebate programs and contractor networks (DNV will be a subcontractor to Deloitte for the proposed engagement with NDEE). DNV has 125 years of operating history, with 15,000 staff in 100 countries, and approximately 4,000 experts working in the energy sector.

Figure 1.7 outlines DNV’s identification and information:

Subcontractor Identification and Information

Name, address, and telephone number of the subcontractor:

DNV Energy Services USA Inc.

1400 Ravello Road Katy, TX 77449

(281) 396-1000

Specific tasks for the subcontractor:

Percentage of performance hours intended for the subcontract:

of total contract performance hours

Total percentage of subcontractor performance hours:

of subcontractor performance hours

Figure 1.7 DNV brings decades of experience to support Nebraska.

2. Technical Approach

2.a. Understanding of the Scope of Work and Requirements Team Deloitte shares NDEE’s vision of creating an energy rebate program that benefits Nebraskans by lowering energy costs, reducing barriers to energy efficient technology, and creating new opportunities for local businesses and workers. We have deep understanding of the complexities of designing and implementing large-scale energy rebate programs and specifically the Home Energy Rebate Program as well as the importance of bringing the right stakeholders together under a common cause – to reduce energy bills for people who need it the most. We acknowledge NDEE’s requirements of its implementer to achieve Nebraska’s Home Energy Rebate programmatic goals and Team Deloitte is uniquely suited to meet and exceed those requirements, as outlined in Figure 2.1 below.

NDEE’s Program Requirements How the Deloitte Team Fulfills These Requirements …

1. Provide consumers with a streamlined experience to access all available utility incentives and financing

2. Serve households in Nebraska's single-family and multi-family residential buildings and across its geographic regions

3. Support households in realizing near-term benefits from rebates, especially for households with highest needs

4. Complement existing programs by directing rebates to households eligible to be served by other programs

5. Optimize between providing consumers and energy contractors with optionality while keeping program design simple to motivate participation

6. Create opportunity for building energy contractors, small, woman- and minority-owned businesses, and those based in rural and disadvantaged communities

7. Minimize requirements for consumers and building energy contractors while protecting consumers

Figure 2.1 Fulfillment of program requirement by Team Deloitte – through its team, approach, and experience

As further outlined in the next sections, we will collaborate with NDEE to support both design and implementation of the HOMES and HEAR (IRA Sections 50121 and 50122) programs, which includes describing a program stakeholder strategy, coordinating across stakeholders, assisting the development and submittal of compliant program design applications, supporting the state through pre-launch coordination, and implementing both programs across Nebraska.

2.b Proposed Development Approach

Figure 2.2 Our HOMES and HEAR Framework

Figure 2.3 Team Deloitte’s Program Design Methodology

2.c. Technical Requirements

2.d. Detailed Project Work Plan, Management, and Implementation

Figure 2.4 Part I – III Workplan timeline

Figure 2.6 Example data sources for market research

Figure 2.7 Example Financial Analysis for HOMES and HEAR

Figure 2.8 Initial List of Key Stakeholders – the ones with whom Deloitte has an existing relationship is marked with *

Figure 2.10 Our experience in other states informs our approach to HOMES and HEAR Program Blueprints

Figure 2.11 Example Market Transformation Framework

Figure 2.13 Project Management Approach Elements for Part III

Figure 2.14 Proposed Initial Project Management Plan Documents

Figure 2.17 Part IV. Program Implementation Timeline, including Pre-Launch activities

Figure 2.16 Our HOMES and HEAR Capabilities

Figure 2.19 Team Deloitte’s Home Energy Rebates Platform Simplified Technology Workflow

Figure 2.18 Our Home Energy Rebate Program Technology Platform

Figure 2.21 Example public facing website

Figure 2.22 Strategies for Engaging Community Partners

Figure 2.23 Contractor Engagement and Outreach Timeline

Figure 2.24 Levels of Support for Participants

Figure 2.26 Program Deliverables

I. TERMS AND CONDITIONS

Bidder should read the Terms and Conditions within this section and must initial either “Accept All Terms and Conditions Within Section as Written” or “Exceptions Taken to Terms and Conditions Within Section as Written” in the table below. If the bidder takes any exceptions, they must provide the following within the “Exceptions” field of the table below (Bidder may provide responses in separate attachment if multiple exceptions are taken):

1. The specific clause, including section reference, to which an exception has been taken,

2. An explanation of why the bidder took exception to the clause; and

3. Provide alternative language to the specific clause within the solicitation response.

By signing the solicitation, bidder agrees to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the solicitation response. The State reserves the right to negotiate rejected or proposed alternative language. If the State and bidder fail to agree on the final Terms and Conditions, the State reserves the right to reject the solicitation response. The State reserves the right to reject solicitation responses that attempt to substitute the bidder’s commercial contracts and/or documents for this solicitation.

Accept All Terms and Conditions

Within Section as

Written (Initial)

Exceptions Taken to

Terms and Conditions

Within Section as

Written (Initial)

Exceptions:

(Bidder must note the specific clause, including section reference, to which an exception has been taken, an explanation of why the bidder took exception to the clause, and provide alternative language to the specific clause within the solicitation response.)

The bidders should submit with their solicitation response any license, user agreement, service level agreement, or similar documents that the bidder wants incorporated in the Contract. The State will not consider incorporation of any document not submitted with the solicitation response as the document will not have been included in the evaluation process. These documents shall be subject to negotiation and will be incorporated as addendums if agreed to by the Parties.

If a conflict or ambiguity arises after the Addendum to Contract Award has been negotiated and agreed to, the Addendum to Contract Award shall be interpreted as follows:

If only one (1) Party has a particular clause, then that clause shall control, If both Parties have a similar clause, but the clauses do not conflict, the clauses shall be read together, If both Parties have a similar clause, but the clauses conflict, the State’s clause shall control.

A. GENERAL

The contract resulting from this Solicitation shall incorporate the following documents:

a. Amendments to the Contract (if applicable),

b. Executed Contract and any Addendum to Contract Award (if applicable),

c. Bidder’s properly submitted solicitation response, including any terms and conditions or agreements submitted by the bidder, a.d. Solicitation, including any attachments and addenda, b.e. Questions and Answers, c.f. c. Bidder’s properly submitted solicitation response, including any terms and conditions or agreements submitted by the bidder,

d. Addendum to Contract Award (if applicable), and d.g. e. Amendments to the Contract. (if applicable)

These documents constitute the entirety of the contract.

Unless otherwise specifically stated in a future contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) Amendment to the executed Contract with the most recent dated amendment having the highest priority,

2) Executed Contract and any attached Addenda, 35) the Vendor’s submitted solicitation response, including any terms and conditions or agreements that are accepted by the State, 34) Addendums to the solicitation and any Questions and Answers, and 5) the original solicitation document and any Addenda or attachments, and

5) the Vendor’s submitted solicitation response, including any terms and conditions or agreements that are accepted by the State.

Unless otherwise specifically agreed to in writing by the State, the State’s standard terms and conditions, as executed by the State, shall always control over any terms and conditions or agreements submitted or included by the Vendor.

Any ambiguity or conflict in the contract discovered after its execution, not otherwise addressed herein, shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.

B. NOTIFICATION

Bidder and State shall identify the contract manager who shall serve as the point of contact for the executed contract.

Communications regarding the executed contract shall be in writing and shall be deemed to have been given if delivered personally; electronically, return receipt requested; or mailed, return receipt requested. All notices, requests, or communications shall be deemed effective upon receipt.

Either party may change its address for notification purposes by giving notice of the change and setting forth the new address and an effective date.

C. BUYER’S REPRESENTATIVE

The State reserves the right to appoint a Buyer's Representative to manage or assist the Buyer in managing the contract on behalf of the State. The Buyer's Representative will be appointed in writing, and the appointment document will specify the extent of the Buyer's Representative authority and responsibilities. If a Buyer's Representative is appointed, the bidder will be provided a copy of the appointment document and is expected to cooperate accordingly with the Buyer's Representative. The Buyer's Representative has no authority to bind the State to a contract, amendment, addendum, or other change or addition to the contract.

D. GOVERNING LAW (Nonnegotiable) Notwithstanding any other provision of this contract, or any amendment or addendum(s) entered into contemporaneously or at a later time, the parties understand and agree that, (1) the State of Nebraska is a sovereign state and its authority to contract is therefore subject to limitation by the State’s Constitution, statutes, common law, and regulation; (2) this contract will be

interpreted and enforced under the laws of the State of Nebraska; (3) any action to enforce the provisions of this agreement must be brought in the State of Nebraska per state law; (4) the person signing this contract on behalf of the State of Nebraska does not have the authority to waive the State's sovereign immunity, statutes, common law, or regulations; (5) the indemnity, limitation of liability, remedy, and other similar provisions of the final contract, if any, are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity; and, (6) all terms and conditions of the final contract, including but not limited to the clauses concerning third party use, licenses, warranties, limitations of liability, governing law and venue, usage verification, indemnity, liability, remedy or other similar provisions of the final contract are entered into specifically subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity.

The Parties must comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations.

E. BEGINNING OF WORK & SUSPENSION OF SERVICES

The bidder shall not commence any billable work until a valid contract has been fully executed by the State and the successful Vendor. The Vendor will be notified in writing when work may begin.

The State may, at any time and without advance notice, require the Vendor to suspend any or all performance or deliverables provided under this Contract with five (5) business days’ notice. In the event of such suspension, the Contract Manager or POC, or their designee, will issue a written order to stop work. The written order will specify which activities are to be immediately suspended and the reason(s) for the suspension. Upon receipt of such order, the Vendor shall immediately promptly comply with its terms and take all necessary steps to mitigate and eliminate the incurrence of costs allocable to the work affected by the order during the period of suspension. The suspended performance or deliverables may only resume when the State provides the Vendor with written notice that such performance or deliverables may resume, in whole or in part. If a suspension occurs, which results from circumstances outside the reasonable control of the Contractor, the Contractor will be entitled to a change order to address any issues resulting from such delay.

F. AMENDMENT

This Contract may be amended in writing, within scope, upon the agreement of both parties.

G. CHANGE ORDERS OR SUBSTITUTIONS

The State and the Vendor, upon the written agreement, may make changes to the contract within the general scope of the solicitation. Changes may involve specifications, the quantity of work, or such other items as the State may find necessary or desirable. Corrections of any deliverable, service, or work required pursuant to the contract shall not be deemed a change. The Vendor may not claim forfeiture of the contract by reasons of such changes.

The Vendor shall prepare a written description of the work required due to the change and an itemized cost sheet for the change.

Changes in work and the amount of compensation to be paid to the Vendor shall be determined in accordance with applicable unit prices if any, a pro-rated value, or through negotiations. The State shall not incur a price increase for changes that should have been included in the Vendor’s solicitation response, were foreseeable, or result from difficulties with or failure of the Vendor’s solicitation response or performance.

No change shall be implemented by the Vendor until approved by the State, and the Contract is amended to reflect the change and associated costs, if any. If there is a dispute regarding the cost, but both parties agree that immediate implementation is necessary, the change may be implemented, and cost negotiations may continue with both Parties retaining all remedies under the contract and law.

In the event any good or service is discontinued or replaced upon mutual consent during the contract period or prior to delivery, the State reserves the right to amend the contract to include the alternate product at the same pricemutually agreed to by the parties.

***Vendor will not substitute any item that has been awarded without prior written approval of SPB***

H. RECORD OF VENDOR PERFORMANCE

The State may document the vendor’s performance, which may include, but is not limited to, the customer service provided by the vendor, the ability of the vendor, the skill of the vendor, and any instance(s) of products or services delivered or performed which fail to meet the terms of the purchase order, contract, and/or specifications. In addition to other remedies and options available to the State, the State may issue one or more notices to the vendor outlining any issues the State has regarding the vendor’s performance for a specific contract (“Contract Compliance Request”). The State may also document the Vendor’s performance in a report, which may or may not be provided to the vendor (“Contract Non-Compliance Notice”). The Vendor shall respond to any Contract Compliance Request or Contract Non-Compliance Notice in accordance with such notice or request.

At the sole discretion of the State, such Contract Compliance Requests and Contract Non-Compliance Notices may be placed in the State’s records regarding the vendor and may be considered by the State and held against the vendor in any future contract or award opportunity. The record of vendor performance will be considered in any suspension or debarment action.

I. NOTICE OF POTENTIAL VENDOR BREACH

If Vendor breaches encounters issues in performing its obligations under the contract or anticipates breaching delays in performing its obligations under the contract, the Vendor shall immediately give written notice to the State. The notice shall explain the breach or potential breach issue or delay, a proposed cure solution or mitigation, and may include a request for a waiver of the breach obligation if so desired. The State may, in its discretion, temporarily or permanently waive the breach obligation. By granting a waiver, the State does not forfeit any rights or remedies to which the State is entitled by law or equity, or pursuant to the provisions of the contract. Failure to give immediate notice, however, may be grounds for denial of any request for a waiver of a breach.

J. BREACH

Either Party may terminate the contract, in whole or in part, if the other Party breaches its duty to perform its obligations under the contract in a timely and proper manner. Termination requires written notice of default and a thirty (30) calendar day (or longer at the non-breaching Party’s discretion considering the gravity and nature of the default) cure period. Said notice shall be delivered by email, delivery receipt requested; certified mail, return receipt requested; or in person with proof of delivery. Allowing time to cure a failure or breach of contract does not waive the right to immediately terminate the contract for the same or different contract breach which may occur at a different time if found incurable or pursuant to the State’s other termination rights under this contract.

The State’s failure to make payment shall not be a breach, and the Vendor shall retain all available statutory remedies. (See Indemnity - Self-Insurance and Payment)

Each party, its subsidiaries and subcontractors, and their respective personnel shall not be liable to the other for any claims, liabilities, or expenses relating to this Agreement (“Claims”) for an aggregate amount in excess of (i) in the case of Contractor, the fees paid by the State to Contractor under this Agreement during the twelve (12) month period immediately proceeding the date on which the first Claim accrued or (ii) in the case of the State, the fees paid and incurred but not yet paid by the State to Contractor pursuant to this engagement, except to the extent resulting from their recklessness, bad faith or intentional misconduct. In no event shall either party, its subsidiaries or subcontractors, or their respective personnel be liable to the other for any loss of use, data, goodwill, revenues or profits (whether or not deemed to constitute a direct Claim), or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to this Agreement. In circumstances where this limitation on damages provision hereunder is unavailable, the aggregate liability of each party, its subsidiaries and subcontractors, and their respective personnel for any Claim shall not exceed an amount that is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claim.

K. NON-WAIVER OF BREACH

The acceptance of late performance with or without objection or reservation by a Party shall not waive any rights of the Party nor constitute a waiver of the requirement of timely performance of any obligations remaining to be performed.

L. SEVERABILITY

If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the provision held to be invalid or illegal.

M. INDEMNIFICATION

GENERAL

The Vendor agrees to defend, indemnify, and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all third party 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 (“the claims”), sustained or asserted against the State for personal bodily injury, death, or real or tangible property loss or damage, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Vendor, its employees, Subcontractors, consultants, representatives, and agents, resulting from its performance of the services pursuant to this contract, except to the extent such Vendor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

INTELLECTUAL PROPERTY

The Vendor agrees it will, at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the Vendor or its employees, Subcontractors, consultants, representatives, and agents; provided, however, the State gives the Vendor prompt notice in writing of the claim. The Vendor may not settle any infringement claim that will affect the State’s use of the deliverables Licensed Software without the State’s prior written consent, which consent may be withheld for any reason.

If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any intellectual property for which the Vendor has indemnified the State, the Vendor shall, at the Vendor’s sole cost and expense, promptly modify the item or items which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Vendor, and the State may receive the remedies provided under this Solicitation.

PERSONNEL

The Vendor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker’s compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel, including subcontractor’s and their employees, provided by the Vendor.

SELF-INSURANCE

The State of Nebraska is self-insured for any loss and purchases excess insurance coverage pursuant to Neb. Rev.

Stat. § 81-8,239.01. If there is a presumed loss under the provisions of this agreement, Vendor may file a claim with the Office of Risk Management pursuant to Neb. Rev. Stat. §§ 81-8,239.01 to 81-8,306 for review by the State Claims Board. The State retains all rights and immunities under the State Miscellaneous (Neb. Rev. Stat. § 81-8,294), Tort (Neb. Rev. Stat. § 81-8,209), and Contract Claim Acts (Neb. Rev. Stat. § 81-8,302), as outlined in state law and accepts liability under this agreement only to the extent provided by law.

ALL REMEDIES AT LAW

Nothing in this agreement shall be construed as an indemnification by one Party of the other for liabilities of a Party or third parties for property loss or damage or death or personal injury arising out of and during the performance of this contract. Any liabilities or claims for property loss or damages or for death or personal injury by a Party or its agents, employees, Vendors or assigns or by third persons, shall be determined according to applicable law.

The Parties acknowledge that Attorney General for the State of Nebraska is required by statute to represent the legal interests of the State, and that any provision of this indemnity clause is subject to the statutory authority of the Attorney General.

N. ATTORNEY'S FEES

In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Parties agree to pay Contractor agrees that the State may seek reward of all expenses of such action, as permitted by law and if ordered by the court, including attorney's fees and costs, if the State is the prevailing partyother Party prevails.

O. ASSIGNMENT, SALE, OR MERGER

Either Party may assign the contract upon mutual written agreement of the other Party. Such agreement shall not be unreasonably withheld.

The Vendor retains the right to enter into a sale, merger, acquisition, internal reorganization, or similar transaction involving Vendor’s business. Vendor agrees to cooperate with the State in executing amendments to the contract to allow for the transaction. If a third party or entity is involved in the transaction, the Vendor will remain responsible for performance of the contract until such time as the person or entity involved in the transaction agrees in writing to be contractually bound by this contract and perform all obligations of the contract.

P. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUBDIVISIONS OF THE STATE OR ANOTHER STATE The Vendor may, but shall not be required to, allow agencies, as defined in Neb. Rev. Stat. § 81-145(2), to use this contract.

The terms and conditions, including price, of the contract may not be amended. The State shall not be contractually obligated or liable for any contract entered into pursuant to this clause. A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts.

The Vendor may, but shall not be required to, allow other states, agencies or divisions of other states, or political subdivisions of other states to use this contract. The terms and conditions, including price, of this contract shall apply to any such contract, 55 Copyright © 2025 Deloitte Development LLC. All rights reserved.

but may be amended upon mutual consent of the Parties. The State of Nebraska shall not be contractually or otherwise obligated or liable under any contract entered into pursuant to this clause. The State shall be notified if a contract is executed based upon this contract.

Q. FORCE MAJEURE

Neither Party shall be liable for any costs or damages, or for default resulting from its inability to perform any of its obligations under the contract due to a natural or manmade event outside the control and not the fault of the affected Party (“Force Majeure Event”) that was not foreseeable at the time the Contract was executed. The Party so affected shall immediately make a written request for relief to the other Party and shall have the burden of proof to justify the request. The other Party may grant the relief requested; relief may not be unreasonably withheld. Labor disputes with the impacted Party’s own employees will not be considered a Force Majeure Event.

R. CONFIDENTIALITY

All materials and information provided by the Parties or acquired by a Party on behalf of the other Party shall be regarded as confidential information. All materials and information provided or acquired shall be handled in accordance with federal and state law, and ethical standards. Should said confidentiality be breached by a Party, the Party shall notify the other Party immediately of said breach and take immediate corrective action.

It is incumbent upon the Parties to inform their officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i)(1), which is made applicable by 5 U.S.C. 552a (m)(1), provides that any officer or employee, who by virtue of his/her employment or official position has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

S. EARLY TERMINATION

The contract may be terminated as follows:

The State and the Vendor, by mutual written agreement, may terminate the contract, in whole or in part, at any time.

The State, in its sole discretion, may terminate the contract, in whole or in part, for any reason upon thirty (30) calendar day’s written notice shall be delivered by email, delivery receipt requested; certified mail, return receipt requested; or in person with proof of delivery to the Vendor. Such termination shall not relieve the Vendor of warranty or other service obligations incurred under the terms of the contract. In the event of termination, the Vendor shall be entitled to payment, determined on a pro rata basis, for products or services satisfactorily performed or provided.

The State may terminate the contract, in whole or in part, immediately for the following reasons:

if directed to do so by statute, Vendor has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mature, or has ceased operating in the normal course of business, a trustee or receiver of the Vendor or of any substantial part of the Vendor’s assets has been appointed by a court, fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by its Vendor, its employees, officers, directors, or shareholders, an involuntary proceeding has been commenced by any Party against the Vendor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) calendar days; or (ii) the Vendor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the Vendor has been decreed or adjudged a debtor, a voluntary petition has been filed by the Vendor under any of the chapters of Title 11 of the United States Code, Vendor intentionally discloses confidential information, Vendor has or announces it will discontinue support of the deliverable; and, In the event funding is no longer available.

T. CONTRACT CLOSEOUT

Upon termination of the contract for any reason the Vendor shall within thirty (30) days, unless stated otherwise herein:

Transfer all completed or partially completed deliverables to the State upon payment thereof, Transfer ownership and title to all completed or partially completed deliverables to the State, Return to the State all information and data unless the Vendor is permitted to keep the information or data by contract or rule of law. Vendor may retain one copy of any information or data as required to comply with applicable work product documentation standards or as are automatically retained in the course of Vendor’s routine back up procedures, Cooperate with any successor Contactor, person, or entity in the assumption of any or all of the obligations of this contract, 56 Copyright © 2025 Deloitte Development LLC. All rights reserved.

Cooperate with any successor Contactor, person, or entity with the transfer of information or data related to this contract, Return or vacate any state owned real or personal property; and, Return all data in a mutually acceptable format and manner.

Nothing in this section should be construed to require the Vendor to surrender intellectual property, real or personal property, or information or data owned by the Vendor for which the State has no legal claim. Upon any termination, Contractor will be paid for all services performed through termination, including pro rata work in progress and any termination fee agreed upon in advance in writing given the nature of the services to address unavoidable costs incurred by Contractor.

U. AMERICANS WITH DISABILITIES ACT

Vendor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131–12134), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub.L. 110–325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by public entities.

V. CERTIFICATION REGARDING LOBBYING

The undersigned agrees that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

III. VENDOR DUTIES

Bidder should read the Vendor Duties within this section and must initial either “Accept All Terms and Conditions Within Section as Written” or “Exceptions Taken to Vendor Duties Within Section as Written” in the table below. If the bidder takes any exceptions, they must provide the following within the “Exceptions” field of the table below (Bidder may provide responses in separate attachment if multiple exceptions are taken):

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Oct 13, 2025.