Drake Lighting.pdf

STATE OF NEBRASKA SERVICE CONTRACT AWARD State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, Nebraska 68508

Telephone: (402) 471-6500 Fax: (402) 471-2089

PAGE ORDER DATE

1 of 1 12/13/21

BUSINESS UNIT BUYER

CONTRACT NUMBER

97853 O4

33130208 ANNETTE WALTON (AS)

VENDOR NUMBER: 512057

VENDOR ADDRESS:

BOARDING HOUSE FARMS INC

457 COUNTY ROAD 13

CERESCO NE 68017-4026

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

PERIOD:

DECEMBER 15, 2021 THROUGH DECEMBER 14, 2023

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 6570 Z1

BUYER

MATERIEL ADMINISTRATOR

R43500|NISK0002|NISK0002 20210628

Contract to supply and deliver Maintenance and Oversight of Memphis SRA to the State of Nebraska as per the attached specifications for the period December 15, 2021 through December 14, 2023. The contract may be renewed for three (3) additional one (1) year periods when mutually agreeable to the vendor and the State of Nebraska.

Vendor Contact: Mark Celesky, President Phone: 402-432-4695 E-Mail: bhf@speednet.com

(12/13/21 sc)

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 MAINTENANCE AND OVERSIGHT 14.0000 MO 7,591.4300 106,280.02

FOR MEMPHIS SRA

INITIAL AWARD YEARS 1 AND 2

2 MAINTENANCE AND OVERSIGHT 7.0000 MO 7,928.5700 55,499.99

FOR MEMPHIS SRA

REN 1 YEAR 3

3 MAINTENANCE AND OVERSIGHT 7.0000 MO 8,285.7100 57,999.97

FOR MEMPHIS SRA

REN 2 YEAR 4

4 MAINTENANCE AND OVERSIGHT 7.0000 MO 8,500.0000 59,500.00

FOR MEMPHIS SRA

REN 3 YEAR 5

Total Order 279,279.98

DocuSign Envelope ID: 5AD713C1-24FB-47EC-A7F6-B2BDE5C488CF

12/14/2021 12/22/2021

ADDENDUM ONE

QUESTIONS and ANSWERS

Date: August 31, 2021

To: All Bidders

From: Annette Walton / Joy Fischer, Buyers

AS Materiel State Purchasing Bureau (SPB)

RE: Addendum for Request for Proposal Number 6570 Z1 to be opened September 17, 2021 at

2:00 p.m. Central Time

Questions and Answers

No questions were received for Request for Proposal Number 6570 Z1

This Addendum will become part of the Request for Proposal and should be acknowledged with the Request for Proposal

State of Nebraska State Purchasing Bureau

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

SOLICITATION NUMBER RELEASE DATE

RFP 6570 Z1 August 5, 2021

OPENING DATE AND TIME PROCUREMENT CONTACT

September 17, 2021, 2:00 P.M. Central Time Annette Walton / Joy Fischer

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this Request for Proposal (RFP) Number 6570 Z1 for the purpose of selecting a qualified Contractor to provide to provide Maintenance and Oversight of the Memphis State Recreation Area . 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 notice to proceed. The Contract includes the option to renew for three

(3) additional one (1) year periods upon mutual agreement of the Parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

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

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

Optional Pre-Proposal Conference will be held on August 26, 2021 at 9:00 a.m. Central Time:

Memphis State Recreation Area 799 county road D

Memphis, NE 68042

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

If the Bidder wishes to withhold proprietary or other commercial information from disclosure, bidder must identify the proprietary information, mark the proprietary information according to state law, and submit the only the proprietary information in a separate electronic file that is named “PROPRIETARY INFORMATION”. The bidder must submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will then determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would 1) give advantage to business competitors and 2) serve no public purpose. (See Neb. Rev.

Stat. § 84-712.05(3the State will consider all information a public record subject to disclosure. If the State determines it is required to release proprietary information, the bidder will be informed. It will be the bidder’s responsibility to defend the bidder’s asserted interest in non-disclosure

To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, 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.

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

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TABLE OF CONTENTS

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

TABLE OF CONTENTS ............................................................................................................................................................................. ii

GLOSSARY OF TERMS ........................................................................................................................................................................... iv

ACRONYM LIST ..................................................................................................................................................................................... viii

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

E. OPTIONAL PRE-PROPOSAL CONFERENCE

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

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

H. ETHICS IN PUBLIC CONTRACTING

I. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

J. SUBMISSION OF PROPOSALS

K. PROPOSAL PREPARATION COSTS

L. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

M. PROPOSAL CORRECTIONS

N. LATE PROPOSALS

O. PROPOSAL OPENING

P. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS

Q. EVALUATION OF PROPOSALS

R. PRESENTATIONS AND/OR DEMONSTRATIONS

S. BEST AND FINAL OFFER (BAFO)

T. COST CLARIFICATION

U. REFERENCE AND CREDIT CHECKS

V. AWARD

W. ALTERNATE/EQUIVALENT PROPOSALS

X. LUMP SUM OR ”ALL OR NONE” PROPOSALS

Y. EMAIL SUBMISSIONS

Z. REJECTION OF PROPOSALS

AA. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. BUYER’S REPRESENTATIVE

D. GOVERNING LAW (Statutory)

E. BEGINNING OF WORK

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. VENDOR PERFORMANCE REPORT(S)

I. NOTICE OF POTENTIAL CONTRACTOR BREACH

J. BREACH

K. NON-WAIVER OF BREACH

L. SEVERABILITY

M. INDEMNIFICATION

N. ATTORNEY'S FEES

O. ASSIGNMENT, SALE, OR MERGER

P. FORCE MAJEURE

Q. CONFIDENTIALITY

R. EARLY TERMINATION

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S. CONTRACT CLOSEOUT

III. CONTRACTOR DUTIES

A. INDEPENDENT CONTRACTOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Statutory)

D. COOPERATION WITH OTHER CONTRACTORS

E. DISCOUNTS

F. PRICES

G. PERMITS, REGULATIONS, LAWS

H. INSURANCE REQUIREMENTS

I. NOTICE OF POTENTIAL CONTRACTOR BREACH

J. ANTITRUST

K. CONFLICT OF INTEREST

L. STATE PROPERTY

M. SITE RULES AND REGULATIONS

N. ADVERTISING

O. DISASTER RECOVERY/BACK UP PLAN

P. DRUG POLICY

Q. WARRANTY

IV. PAYMENT

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

C. INVOICES

D. INSPECTION AND APPROVAL

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

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A. PROJECT OVERVIEW

B. PROJECT ENVIRONMENT

C. PROJECT REQUIREMENTS

D. SCOPE OF WORK

E. TECHNICAL SPECIFICATIONS

F. BIDDER REQUIREMENTS

G. DELIVERABLES

Form A Bidder Proposal Point of Contact

Form B Notification of Intent to Attend Pre-Proposal Conference

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

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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: 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: Electronic network for financial transactions in the United States

Award: All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the solicitation.

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

Bidder: A vendor 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 or contract without expectation of conducting or performing it at a later time.

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.

Commission: The Nebraska Game & Parks Commission

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.

RFP Boilerplate | 07012019 v

Contract Award: Occurs upon execution of the State document titled “Service 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.

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.

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or services provided by the Contractor.

Default: The omission or failure to perform a contractual duty.

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

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

Evaluation Committee: Individuals selected by the requesting agency for 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 “Renewal Period”.

Free on Board 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 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.

Interested Party: A person, acting in their personal capacity, or an entity entering into a contract or other agreement creating a legal interest therein.

Iron Rangers – Fee collection sites within the park.

Late Proposal: An offer received after the Opening Date and Time.

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

Must: See Mandatory/Must and Shall/Will/Must.

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

Non-Responsive Proposal: Any proposal that does not comply with the requirements of the RFP.

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

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

Point of Contact (POC): The person designated to receive communications and to communicate.

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

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Project: The total scheme, program, or method worked out for the accomplishment of an objective, including all documentation, commodities, and services to be provided under the contract.

Proposal: An offer, bid, or quote submitted by a bidder in a response to a written solicitation.

Proprietary Information: Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serves no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific named competitor(s) advantaged by release of the information and the demonstrated advantage the named competitor(s) would gain by the release of information.

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

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

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

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

Request for Proposal (RFP): A written solicitation utilized for obtaining competitive offers.

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

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

Shall/Will/Must: An order/command; mandatory.

Should: Expected; suggested, but not necessarily mandatory.

Specifications: The detailed statement, especially of the measurements, quality, materials, and functional characteristics, or other items to be provided under a contract.

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

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

Termination: Occurs when either Party, pursuant to a power created by agreement or law, puts an end to the contract prior to the stated expiration date. All obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.

Third Party: Any person or entity, including but not limited to fiduciaries, shareholders, owners, officers, managers, employees, legally disinterested persons, and subcontractors or agents, and their employees. It shall not include any entity or person who is an interested Party to the contract or agreement.

Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. §87- 502(4)).

Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or vendor to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office.

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

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

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Vendor: An individual or entity lawfully conducting business in the State.

Will: See Mandatory/Shall/Will/Must.

Work Day: See Business Day.

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ACRONYM LIST

ARO – After Receipt of Order

ACH – Automated Clearing House

BAFO – Best and Final Offer

COI – Certificate of Insurance

DAS – Department of Administrative Services

F.O.B. – Free on Board

NIGP – National Institute for Governmental Purchasing

NGPC – Nebraska Game & Parks Commission

RFP – Request for Proposal

SPB – State Purchasing Bureau

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I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The solicitation is designed to solicit proposals from qualified bidder who will be responsible for providing Maintenance and Oversight of the Memphis State Recreation Area at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Proposal instructions, and Cost Proposal Requirements may be found in Sections II through VI.

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

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

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

Name: Annette Walton / Joy Fischer, Buyer(s)

RFP#: 6570 Z1

Agency: State Purchasing Bureau Address: 1526 K Street, Suite 130 Lincoln, NE 68508

Telephone: 402-471-1428 / 402-471-0974

E-Mail: annette.walton@nebraska.gov; joy.fischer@nebraska.gov

From the date the solicitation is issued until the Intent to Award is issued, communication from the bidder is limited to the POC listed above. After the Intent to Award is issued, the bidder may communicate with individuals the State has designated as responsible for negotiating the contract on behalf of the State. No member of the State Government, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this solicitation. The POC will issue any answers, clarifications or amendments regarding this solicitation in writing. Only the SPB or awarding agency can award a contract. Bidders shall not have any communication with or attempt to communicate or influence any evaluator involved in this solicitation.

The following exceptions to these restrictions are permitted:

1. Contact made pursuant to pre-existing contracts or obligations;

2. Contact required by the schedule of events or an event scheduled later by the solicitation POC; and

3. Contact required for negotiation and execution of the final contract.

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

mailto:annette.walton@nebraska.gov mailto:joy.fischer@nebraska.gov

C. SCHEDULE OF EVENTS

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

ACTIVITY DATE/TIME

1. 1 Release Solicitation August 5, 2021

2. Last day to submit “Notification of Intent to Attend Pre-Proposal Conference” August 19, 2021

3. Last day to submit written questions August 25, 2021

4. 8

Optional Pre-Proposal Conference Location: Memphis State Recreation Area

799 county road D Memphis, NE 68042

August 26, 2021 at 9:00 AM Central Time

5. 9 Last day to submit written questions after Pre-Proposal Conference August 27, 2021

6. 1 State responds to written questions through Solicitation “Addendum” and/or “Amendment” to be posted to the Internet at:

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

September 3, 2021

7. 1

Virtual Proposal Opening

Location: Zoom https://us02web.zoom.us/j/87147977619?pwd=WFhtRk1VV2ErM0g 1RGFySmZpcHBOdz09

September 17, 2021

2:00 PM

Central Time

8. 1 Review for conformance to solicitation requirements September 17, 2021

9. 1 Evaluation period September 17, 2021

Through September 24, 2021

10. 1 “Oral Interviews/Presentations and/or Demonstrations” (if required)

TBD

11. 1 Post “Notification of Intent to Award” to Internet at: and/or http://das.nebraska.gov/materiel/purchasing.html September 24, 2021

12. 1 Contract finalization period September 24, 2021

Through October 15, 2021

13. 1 Contract award October 25, 2021

14. 2 Contractor start date October 31, 2021

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any solicitation provision must be submitted in writing to State Purchasing Bureau and clearly marked “RFP Number 6570 Z1; Maintenance and Oversight of the Memphis State Recreation Area Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

Contractors should present, as questions, any assumptions upon which the bidder's proposal is or might be developed. Any proposal containing assumptions may be deemed non-responsive. Non-responsive proposals may be rejected by the State. Proposals will be evaluated without consideration of any known or unknown assumptions of a bidder. The contract will not incorporate any known or unknown assumptions of a bidder.

It is preferred that questions be sent via ShareFile https://nebraska.sharefile.com/r-rf27c1ed3030a40739e135d09f2e63cd9 It is recommended that Contractors submit questions using the following format.

Solicitation Section Reference

Solicitation Page Number Question

Written answers will be posted at http://das.nebraska.gov/materiel/purchasing.html per the Schedule of Events.

E. OPTIONAL PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held per the Schedule of Events. Attendance at the pre-proposal conference is optional. Bidders will have an opportunity to ask questions at the conference to assist in the clarification and understanding of the solicitation requirements. Questions that have a material impact on the solicitation or process, and questions that are relevant to all bidders, will be answered in writing and posted at http://das.nebraska.gov/materiel/purchasing.html https://us02web.zoom.us/j/87147977619?pwd=WFhtRk1VV2ErM0g1RGFySmZpcHBOdz09 https://us02web.zoom.us/j/87147977619?pwd=WFhtRk1VV2ErM0g1RGFySmZpcHBOdz09 http://das.nebraska.gov/materiel/purchasing.html https://nebraska.sharefile.com/r-rf27c1ed3030a40739e135d09f2e63cd9 https://nebraska.sharefile.com/r-rf27c1ed3030a40739e135d09f2e63cd9 http://das.nebraska.gov/materiel/purchasing.html http://das.nebraska.gov/materiel/purchasing.html. An answer must be posted to be binding on the State. The State will attempt to provide verbal answers to questions that do not impact the solicitation or process and are only of interest to an individual bidder during the conference. If a bidder feels it necessary to have a binding answer to a question that was answered verbally, the question should be submitted in writing per the Schedule of Events.

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

Vendors should notify the POC of their intent to attend by submitting a "Notification of Intent to Attend the Pre- Proposal Conference Form" (see Form __B) via ShareFile: https://nebraska.sharefile.com/r-r7a516df8ea7445aaae33a1b30703294f

G. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Statutory) All contractors must be authorized to transact business in the State of Nebraska and comply with all Nebraska Secretary of State Registration requirements. The bidder who is the recipient of an Intent to Award may be required to certify that it has complied and produce a true and exact copy of its current (within ninety (90) calendar days of the intent to award) Certificate of Good Standing, or in the case of a sole proprietorship, provide written documentation of sole proprietorship and complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at http://das.nebraska.gov/materiel/purchasing.html. This must be accomplished prior to execution of the contract.

H. ETHICS IN PUBLIC CONTRACTING

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

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

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

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

4. Submitting a proposal on behalf of another Party or entity; and

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

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

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

I. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

The requirements contained in the solicitation (Sections II thru VI) become a part of the terms and conditions of the contract resulting from this solicitation. Any deviations from the solicitation in Sections II through VI must be clearly defined by the contractor in its proposal and, if accepted by the State, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the solicitation, requirements, or applicable state or federal laws or statutes. The State discourages deviations and reserves the right to reject proposed deviations.

J. SUBMISSION OF PROPOSALS

The State is accepting only electronically submitted responses. The State will not accept proposals by email, voice, or telephone.

Pages may be consecutively numbered for the entire proposal or may be numbered consecutively within sections.

Figures and tables should be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text. The Technical Proposal should not contain any reference to dollar amounts.

However, information such as data concerning labor hours and categories, materials, subcontracts and so forth, shall be considered in the Technical Proposal so that the bidder’s understanding of the scope of work may be evaluated. The Technical Proposal shall disclose the bidder’s technical approach in as much detail as possible, including, but not limited to, the information required by the Technical Proposal instructions.

It is the bidder’s responsibility to ensure the RFP is received electronically by the date and time indicated in the Schedule of Events. Proposals must be submitted via Sharefile by the date and time of the proposal opening per the Schedule of Events. No late proposals will be accepted.

https://nebraska.sharefile.com/r-r7a516df8ea7445aaae33a1b30703294f https://nebraska.sharefile.com/r-r7a516df8ea7445aaae33a1b30703294f

It is the responsibility of the bidder to check the website for all information relevant to this RFP to include addenda and/or amendments issued prior to the opening date. Website address is as follows:

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

Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to requirements, completeness, and clarity of content. If the bidder’s proposal is presented in such a fashion that makes evaluation difficult or overly time consuming the State reserves the right to reject the proposal as non-conforming.

1. Bidders must submit responses via ShareFile using the proposal submission link.

Note to bidders: Not all browsers are compatible with ShareFile. Currently Chrome, Internet Explorer and Firefox are compatible. After the bidder clicks the proposal submission link, the bidder will be prompted to enter contact information including an e-mail address. By entering an e-mail address, the bidder should receive a confirmation email confirming the successful upload directly from ShareFile.

Proposal submission link https://nebraska.sharefile.com/r-reedd3c71e5064314bd640cf8c0a7fc35

a. (1) Response to Sections II-IV, signed Request for Contractual Services Form, Form A – Bidders

Contact Sheet, (2) Cost Proposal and (3) Any proprietary information should be uploaded as separate and distinct files.

i. If duplicated proposals are submitted, the State will retain only the most recently submitted response.

ii. If it is the bidder’s intent to submit multiple proposals, the bidder must clearly identify the separate submissions.

iii. It is the bidder’s responsibility to allow time for electronic uploading. All file uploads must be completed by the Opening date and time per the Schedule of Events. No late proposals will be accepted.

b. ELECTRONIC PROPOSAL FILE NAMES The bidder should clearly identify the uploaded RFP proposal files. To assist in identification the bidder should use the following naming convention:

i. RFP 6570 Z1, Company Name, Description of Service

ii. If multiple files are submitted for one RFP proposal, add number of files to file names:

a) RFP 6570 Company Name, Description of Service, File 1 of 2.

b) RFP 6570 Z1 Company Name, Description of Service, File 2 of 2.

iii. If multiple RFP proposals are submitted for the same RFP, add the proposal number to the file names:

a) RFP 6570 Z1 Company Name, Description of Service, Proposal 1 File 1 of 2.

K. PROPOSAL PREPARATION COSTS

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

L. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

Violation of the terms and conditions contained in this solicitation or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following:

1. Rejection of a bidder’s proposal;

2. Withdrawal of the Intent to Award;

3. Withdrawal of the Award;

4. Negative Vendor Performance Report(s)

5. Termination of the resulting contract;

6. Legal action; and

7. Suspension of the bidder from further bidding with the State for the period of time relative to the seriousness of the violation, such period to be within the sole discretion of the State.

M. PROPOSAL CORRECTIONS

A bidder may correct a mistake in a proposal prior to the time of opening by uploading a revised and completed RFP proposal if the original proposal was electronically submitted.

1. If a corrected RFP electronic proposal is submitted, the file name(s) date/time stamped with latest date/time stamp will be accepted as final proposal. The corrected RFP proposal file name(s) should be identified as:

a. “Corrected 6570 Z1 ABC Company Name Proposal #1”,

b. “Corrected 6570 Z1 ABC Company Name Proposal #2”, etc.

https://nebraska.sharefile.com/r-reedd3c71e5064314bd640cf8c0a7fc35

N. LATE PROPOSALS

Proposals received after the time and date of the proposal opening will be considered late proposals. Late proposals will not be evaluated. The State is not responsible for proposals that are late or lost regardless of cause or fault.

O. PROPOSAL OPENING

The opening of proposals will be public and the bidders will be announced. Proposals WILL NOT be available for viewing by those present at the proposal opening. Proposals will be posted to the State Purchasing Bureau website once an Intent to Award has been posted to the website. Once proposals are opened, they become the property of the State of Nebraska and will not be returned.

Virtual Zoom opening https://us02web.zoom.us/j/87147977619?pwd=WFhtRk1VV2ErM0g1RGFySmZpcHBOdz09

P. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS

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

1. Original Request for Proposal for Contractual Services form signed using an indelible method or

DocuSign;

2. Clarity and responsiveness of the proposal;

3. Completed Corporate Overview;

4. Completed Sections II through VI;

5. Completed Technical Approach; and Completed State Cost Proposal Template.

Q. EVALUATION OF PROPOSALS

All proposals that are responsive to the solicitation will be evaluated. Each evaluation category will have a maximum point potential. The State will conduct a fair, impartial, and comprehensive evaluation of all proposals in accordance with the criteria set forth below. Areas that will be addressed and scored during the evaluation include:

All proposals that are responsive to the solicitation will be evaluated based on the following:

1. Cost Proposal

Neb. Rev. Stat. §81-161 allows the quality of performance of previous contracts to be considered when evaluating responses to competitively bid solicitations in determining the lowest responsible bidder.

Information obtained from any Vendor Performance Report (See Terms & Conditions, Section II. H) may be used in evaluating responses to solicitations for goods and services to determine the best value for the State.

Neb. Rev. Stat. §73-107 allows for a preference for a resident disabled veteran or business located in a designated enterprise zone. When a state contract is to be awarded to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder, if all other factors are equal.

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

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

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

https://us02web.zoom.us/j/87147977619?pwd=WFhtRk1VV2ErM0g1RGFySmZpcHBOdz09

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

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

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

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

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

Evaluation criteria will be released with the solicitation.

R. PRESENTATIONS AND/OR DEMONSTRATIONS

The State may determine after the completion of the Technical and Cost Proposal evaluation that presentations and/or demonstrations are required. Every bidder may not be given an opportunity to present and/or give demonstrations; the State reserves the right, in its discretion, to select only the top scoring bidders to present/demonstrate. The scores from the presentations and/or demonstrations will be added to the scores from the Technical and Cost Proposals. The presentation process will allow the bidders to demonstrate their proposal offering, explaining and/or clarifying any unusual or significant elements related to their proposals. Bidders’ key personnel, identified in the proposal, may be requested to participate in a structured interview to determine their understanding of the requirements of the proposal, their authority and reporting relationships within their firm, and their management style and philosophy. Only representatives of the State and the presenting bidder will be permitted to attend the oral presentations and/or demonstrations. A written copy or summary of the presentation, and demonstrative information (such as briefing charts, et cetera) may be offered by the bidder, but the State reserves the right to refuse or not consider the offered materials. Bidders shall not be allowed to alter or amend their proposals.

Once the presentations and/or demonstrations have been completed, the State reserves the right to make an award without any further discussion with the bidders regarding the proposals received.

Any cost incidental to the presentations and/or demonstrations shall be borne entirely by the bidder and will not be compensated by the State.

S. BEST AND FINAL OFFER (BAFO)

If BAFO’s are requested by the State and submitted by the bidder, they will be evaluated (using the stated BAFO criteria), scored, and ranked by the Evaluation Committee. The State reserves the right to conduct more than one BAFO. The award will then be granted to the highest scoring bidder. However, a bidder should provide its best offer in its original proposal. Bidders should not expect that the State will request a best and final offer.

T. COST CLARIFICATION

The State reserves the right to review all aspects of cost for reasonableness and to request clarification of any proposal where the cost component shows significant and unsupported deviation from industry standards or in areas where detailed pricing is required.

U. REFERENCE AND CREDIT CHECKS

The State reserves the right to conduct and consider reference and credit checks. The State reserves the right to use third parties to conduct reference and credit checks. By submitting a proposal in response to this solicitation, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder’s clients.

Reference and credit checks may be grounds to reject a proposal, withdraw an intent to award, or rescind the award of a contract.

V. AWARD

The State reserves the right to evaluate proposals and award contracts in a manner utilizing criteria selected at the State's discretion and in the State’s best interest. After evaluation of the proposals, or at any point in the solicitation process, the State of Nebraska may take one or more of the following actions:

1. Amend the solicitation;

2. Extend the time of or establish a new proposal opening time;

3. Waive deviations or errors in the State’s solicitation process and in bidder proposals that are not material, do not compromise the solicitation process or a bidder’s proposal, and do not improve a bidder’s competitive position;

4. Accept or reject a portion of or all of a proposal;

5. Accept or reject all proposals;

6. Withdraw the solicitation;

7. Elect to rebid the solicitation;

8. Award single lines or multiple lines to one or more bidders; or,

9. Award one or more all-inclusive contracts.

The State of Nebraska may consider, but is not limited to considering, one or more of the following award criteria:

1. Price;

2. Location;

3. Quality;

4. Delivery time;

5. Contractor qualifications and capabilities; and,

6. State contract management requirements and/or costs.

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

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

Any protests must be filed by a bidder within ten (10) business days after the intent to award decision is posted to the Internet. Grievance and protest procedure is available on the Internet at:

W. ALTERNATE/EQUIVALENT PROPOSALS

Bidder may offer proposals which are at variance from the express specifications of the solicitation. The State reserves the right to consider and accept such proposals if, in the judgment of the Materiel Administrator, the proposal will result in goods and/or services equivalent to or better than those which would be supplied in the original proposal specifications. Bidder must indicate on the solicitation the manufacturer’s name, number and shall submit with their proposal, sketches, descriptive literature and/or complete specifications. Reference to literature submitted with a previous proposal will not satisfy this provision. Proposals which do not comply with these requirements are subject to rejection. In the absence of any stated deviation or exception, the proposal will be accepted as in strict compliance with all terms, conditions and specification, and the bidder shall be held liable therefore.

X. LUMP SUM OR ”ALL OR NONE” PROPOSALS

The State reserves the right to purchase item-by-item, by groups or as a total when the State may benefit by so doing. Bidders may submit a proposal on an “all or none” or “lump sum” basis, but should also submit a proposal on an item-by-item basis. The term “all or none” means a conditional proposal which requires the purchase of all items on which proposals are offered and bidder declines to accept award on individual items; a “lump sum” proposal is one in which the bidder offers a lower price than the sum of the individual proposals if all items are purchased, but agrees to deliver individual items at the prices quoted.

Y. EMAIL SUBMISSIONS

SPB will not accept proposals by email, voice, or telephone proposals.

Z. REJECTION OF PROPOSALS

The State reserves the right to reject any or all proposals, wholly or in part, in the best interest of the State.

AA. RESIDENT BIDDER

Pursuant to Neb. Rev. Stat. §§ 73-101.01 through 73-101.02, a Resident Bidder shall be allowed a preference against a Non-resident Bidder from a state which gives or requires a preference to Bidders from that state. The preference shall be equal to the preference given or required by the state of the Nonresident Bidders. Where the lowest responsible bid from a resident Bidder is equal in all respects to one from a nonresident Bidder from a state which has no preference law, the resident Bidder shall be awarded the contract. The provision of this preference shall not apply to any contract for any project upon which federal funds would be withheld because of the provisions of this preference.

II. TERMS AND CONDITIONS

Bidders should complete Sections II through VI as part of the proposal. Bidder is expected to read the Terms and Conditions and should initial either accept, reject, or reject and provide alternative language for each clause.