Ergon_2025 NDOT Liquid Asphaltic Materials.pdf

State of Nebraska (State Purchasing Bureau)

INVITATION TO BID FOR COMMODITIES CONTRACT

SOLICITATION NUMBER RELEASE DATE

121091 OR January 31, 2025

OPENING DATE AND TIME PROCUREMENT CONTACT

March 4, 2025, 2:00 p.m. Central Time Brenda SensibauQh

PLEASE READ CAREFULLY

SCOPE

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this solicitation for the purpose of selecting a qualified Bidder to provide Liquid Asphaltic Materials for a commodity contract. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar goods from other sources now or in the future.

The contract is seasonal and does not contain any renewal options. The term of the contract will commence upon execution of the contract by the State and the Vendor (Parties) and run through November 30, 2025. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

In the event that a contract with the awarded bidder(s) is cancelled or in the event that the State needs additional Vendors to supply the solicited commodities, this solicitation may be used to procure the solicited goods for up to eighteen (18) months from the date the Intent to Award is posted, provided that 1) the solicited goods will be provided by a bidder (or a successive owner) who submitted a response pursuant to this solicitation, 2) the solicitation response was evaluated, and 3) the bidder will honor the bidder's original response, including the proposed cost, allowing for any price increases that would have otherwise been allowed if the bidder would have received the initial award.

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

hllos://das.nebraska.qov/materiel/bidopps.html

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat.§ 84-602.04, State contracts in effect as of January 1, 2014, and contracts entered into thereafter must be posted to a public website. The resulting contract, the solicitation and the successful Vendor's solicitation response will be posted to a public website managed by DAS, which can be found at: https.//statecontracts.nebraska.gov and htlps://www. nebraska gov/das/materiel/purchasing/contract search/index. php.

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

These postings will include the entire solicitation response. Bidder must request that proprietary information be excluded from the posting.

The bidder must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION". The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor{s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE SOLICITATION IS PROPRIETARY. COST SHEETS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would 1) give advantage to business competitors and 2) serve no public purpose. The Bidder will be notified of the State's decision. Absent a determination by the State that the information may be withheld pursuant to Neb. Rev. Stat. § 84-712.05, the State will consider all information a public record subject to disclosure.

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

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

Any entity awarded a contract or submitting a solicitation response 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 solicitation response, awards, and other documents.

SPB Form 1711TB Template I Effective 12162024

CONTRACTUAL AGREEMENT FORM

BIDDER MUST COMPLETE THE FOLLOWING

By signing this Contractual Agreement Form, the bidder guarantees compliance with the provisions stated in this solicitation and agrees to the terms and conditions unless otherwise indicated in writing and certifies that bidder is not owned by the Chinese Communist Party.

Per Nebraska's Transparency in Government Procurement Act, Neb. Rev Stat § 73-603, DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska Vendors. This information is for statistical purposes only and will not be considered for contract award purposes.

__ NEBRASKA VENDOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Vendor. "Nebraska Vendor" shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this Solicitation. All vendors who are not a Nebraska Vendor are considered Foreign Vendors under Neb. Rev Stat§ 73-603 (c).

__ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. § 73-107 and wish to have preference, if applicable, considered in the award of this contract.

__ I hereby certify that I am a blind person licensed by the Commission for the Blind & Visually Impaired in accordance with Neb. Rev. Stat. § 71-8611 and wish to have preference considered in the award of this contract.

THIS FORM MUST BE SIGNED MANUALLY IN INK OR BY DOCUSIGN

COMPANY: {-:- t C,, o /i/ As1/1Atr .)

C,;'111t-JJ:..O/Y, J:,,vt- .

ADDRESS: L./ S ) I 5. ]#Ov~ ft1. 7-,41, Jo.4fJ tl/tYil"r? tvV b-Zv1.,,-, PHONE: (3o7) 8ZJ- Z87°/ EMAIL: /IANK • C1,1Gy,1, @- c 1.-e,,<),V. c~•/$1

BIDDER NAME & TITLE: J✓AtVK Cv6vlt1 - A .zi,4 J At.If, ,41 A IY1t c., c rt

SIGNATURE:

t-L--

DATE: OJ I ll 5

VENDOR COMMUNICATION WITH THE STATE CONTACT INFORMATION

(IF DIFFERENT FROM ABOVE)

NAME:

TITLE:

PHONE:

EMAIL:

121091 OR

ATTACHMENT A-COST SHEET

Nebraska Department of Transportation Liquid Asphaltic Materials

Proposal pricing shall be the price per ton for delivered Liquid Asphaltic Materials, FOB Destination. All costs associated to satisfy the requirements in accordance with the general provisions and specifications written in the Invitation to Bid must be included in the prices bid on this form. Estimates shall not be considered a minimum or maximum, but to be used as best estimate for reference and bidding.

DISTRICT 1

Location Material Type l::st. Tons Price per Ton Extended Price

David City Yard CRS-2P 139 $ /4 Br~ $ ,A{. 1310 235 Iowa St (68632)

Emerald CRS-2P 131.28 $ ~ 13 :ro $~ {J11J Junction Hwy 6/S55A

Fremont CRS-2P 128.71 $ _~ $~ Br, 1 mi South on Hwy 77 (; 1,-()

South Bend

CRS-2P 120.98

Junction Hwy 66/County Rd 358 $ !Vo Br.o $ _,/4 8 [() Fairbury

CRS-2P 929 $ lo 81-0 $ I. B:r.o Hwy 15, MM 24

Pawnee City CRS-2P 249 $ ~ B to $ 11/4 ~ IP Hwy 8, MM 126

Beatrice CRS-2P 241 Hwy 136, MM 172 $ Iv 01tJ $ I¼ f3 itJ

Total 1,938.97 Total $;10 (?11

DISTRICT 3

Location Material Type Est. Tons Price per Ton Extended Price

Leigh CRS-2P 168.72 $~ B~o $~ 131-t> Junction Hwy 91/57

Humphrey CRS-2P 571.53 $ ,.i (] 1rJ $ ~ /31# Junction Hwy 81/91

Madison CRS-2P 237.05 $ Ii,; r3~t? $ ,¼ 81/J Junction Hwy 81/32

Newman Grove CRS-2P 334.90 $ ~ fJ1,1 $ I, fJJ,j Junction Hwy 45/32

Pierce Junction Hwy 98/13 CRS-2P 122.32 $ ti (] J,J $ ttC {]JtJ Hwy 13 Shoulders

Pierce CRS-2P 105.45 $lfv J3 'l-tJ $ )./4 {31?' Hwy 98, MM 98

Norfolk

$ i Hwy 35, MM 30. 7 CRS-2P 249.70 f3 'J..t} $ !Vu g-,.o Hwy 35 Shoulders Cedar Rapids

CRS-2P 471.69 $ ,i f3:C-~ $ tlu [37() Hwy 52, MM 13 Creighton

CRS-2P 506.16

(3-,o $ A~ fJZtJ Hwy 59, MM 7 Waterbury

CRS-2P 274.17 $ N,J B~o $ I¼ 87£7 Hwy 20, MM 410

Uehling CRS-2P 147.63 $ 11/4 [J -:lo $ A( B ~f} Hwy 77, MM 135.2

Oakland CRS-2P 286.82 $ A( f31fJ $ d ls -;:o Hwy 32, MM 87.55

Tekamah CRS-2P 189.81 $~ ,3 -;;O $ ~ B -:ctJ Hwy 75, MM 135.9 Wayne CRS-2P 147.63 $ Hv (1 r:O $~ aro Hwy 35, MM 30. 7

Hartington CRS-2P 342.97 $ /4 8 J!} $ ;,la f3 :IO Hwy 84, MM 343.2

St. Helena CRS-2P 112.24 $ ;Iv_ B~ $ .Nv r]rtJ Hwy S14H, MM 5.2

Wakefield CRS-2P 143.41 $ /4 flro $ ;(; BrtJ Hwy 9, MM 37.3

Total 4,412.20 Total $ ;Vv B -i:tJ

DISTRICT 4

Location Material Type Est. Tons Price per Ton Extended Price

Grand Island - Cairo CRS-2P 432 $ /4' )3ro $ ;ti, 13 -ro Hwy 2, MM 344-355

Red Cloud CRS-2P 525 Hwy 281, MM 12-26 $ ;v,; ,3ro $ /4 B i-o

Aurora CRS-2P 500 $ ;i{ $ I, Hwy 34, MM 237-250 (~1tJ 13~0

Hastings CRS-2P 125 $ I¾ 13:Z:O $h g-:co Hwy S18-A, MM 0-5

Hastings CRS-2P 50 $~ 131-ti $ /t,{1 (3-J:P Hwy S1-D, MM 0-2

Chester - Hardy CRS-2P 235 $ ;v; Bro $ /Vv (3-;:!) Hwy 8, MM 13-24

Polk CRS-2P 196 $ /, $ Nu Hwy 66- Hwy 81, MM 11-21 {3:£0 P,,µ)

Gresham CRS-2P 413 $ ~ ,3:ro $ ;¼ Hwy 69 North/South, MM 55-76 fZ -i;O

Greeley CRS-2P 127 $ Nv ,3:ro $~ !3-ro Hwy 91, MM 3-7

Ord North CRS-2P 25 Hwy 11, MM 80-83 $ I½ (3.[0 $ /a J':1 ;ro

Boelus - Loup City CRS-2P 63 $ I¼ (3IO $ ,No f3 ;rO Hwy 58, MM 21-39

Loup City CRS-2P 38 $ ~ (3'JO $ /u R -;:P Hwy 92 West, MM 309-320

Marquette CRS-2P 275 $ M 6 :ro $ ,110 B-io Hwy 14 & S41C, MM 73-81

Total 3,004 Total $ ;V" 13ro

Ravenna Mixing Site 405 HFE-300 50 $ A{ J2,1P $~ {170 Ord Mixing Site 435

HFE-300 49.93 $ ,IV; )510 $~ 87t? Hwy 11, MM 68 Greeley Mixing Site 404

HFE-300 75 $~ (]JO $~ [J-ZtJ Hwy 281, MM 120 Greeley Mixing Site 420

HFE-300 75 $ M, 810 $ J'l,{, 87-tJ Hwy 281, MM 125

Loup City Mixing Site 403 Hwy 58, MM 29

Loup City Mixing Site 418 Hwy 92, MM 320

St. Paul Mixing Site 401 Hwy 281, MM 95

St. Paul Mixing Site 402 Hwy 281, MM 89

DISTRICT 5

Location

Scottsbluff Hwy 71, MM 64-71

Mitchell Hwy 29, MM 30-36

Bridgeport Hwy 88, MP 40-58

Alliance Hwy 385, MM 99-100

Alliance Hwy 385, MM 102-104

Alliance Hwy 385, MM 105.4-107

Dalton Hwy 385, MM 52.4-54.4

Rushville Hwy 250, MM 31-48

Crawford/Hemingford Hwy 71, MM 110-125

Kimball Hwy 71, MM 20-29

Chappell Hwy 385, MM 0-8

Sidney Hwy 19, MM 0-10

Rushville Hwy 250, MM 31-48

Scottsbluff Hwy 71, MM 64-71

Bridgeport Hwy 88, MM 40-58

Kimball Hwy 71, MM 20-29

Gothenburg/Cozad Hwy 30, MM 213-222

HFE-300 75

HFE-300 75

HFE-300 135

HFE-300 270.47

Total 805.40

Material Type Est. Tons

CRS-2P 199.36

CRS-2P 124.78

CRS-2P 374.33

CRS-2P 65.85

CRS-2P 52.68

CRS-2P 42.15

CRS-2P 51.99

CRS-2P 234.21

CRS-2P 291.18

CRS-2P 187.17

CRS-2P 167.95

CRS-2P 209.93

Total 2,001.58

CSS-1 H 50/50 55.23

CSS-1 H 50/50 24.49

CSS-1 H 50/50 62.98

CSS-1 H 50/50 62.98

Total 205.68

CRS-2P 213.82

$ Ho ~~ $ Jt0 fJio $~ (3 ~f) $ h 11 f./} $ ;\{ 6 ff) $~ g ;:o

$ A/2 Bi1J $ ;; Bw Total $ A /Jtf}

Price per Ton Extended Price

'' 1 ]4

$ I 13, Ol/ tJ. q o $ t& 13~ $ i 3 i i 1&. e,q

$ i~1. 34 $ t 4~ to5f Js

$ ti"1.34 $ 4 ~ 1'14,J~

$ ~, 1. 3~ $ 15/ J[,5. l/1

'" 1, Ji{ $ z<( ,is. J~

$ ~b1, 1~ $ 3'1; byS. t1 J

$ '{, 7. ··14 $ I & b 2,,c17, 7~ I

$ ~i1 .3~ $ I trL( 5/f,. Ob

$ t(,1_ 1~ $ ll~ q<,'-o J , $ &h7.1</ $ lll-

01q, l{

$ ~l,13V $ }I.Jo, O'{'(. G'!

Total s 1, 11r

11,.,. 'ff)

$ lf43,qi, $ 2 ~ / r,, 1. 10

$ 44 5. fL $ )0/ "311. '()

$ 4t(!,.11.. $ 2,1 Cf 5~ ,o§

$ l(lf 3. 1i-- $ 'l-7 ,si.o~ Total $ 1/ ,JcJ(, 41

$ /4 !?10

Gothenburg CRS-2P 969.56 $ I¼ Bro $JU fs~o Hwy 21, MM 29-51

North Platte CRS-2P 213 $ ;U (j -io $ tV; ~f{J Hwy 97, MM 11-0

Wallace CRS-2P 209.28 $ ;Vv r3 1f} $J¼ Hwy 25, MM 48-63 J11P Eddyville/Miller CRS-2P 356.32 $~ (3 :io $!¾ (3-:ip Hwy 40, MM 51-65

Oconto CRS-2P 212.72 $~ Bio $ A<, (3tp Hwy 21 North, MM 52-65

Westerville CRS-2P 210.91 $ I¾ B 1-1J $ t¼ ff 'j:/J Hwy 70, MM 13-20

Merna CRS-2P 211.65 $ i g J:.{} $ ;v; 8J-tJ Hwy 2, MM 269

Mason City CRS-2P 160.97 $ M 8 JP $ I¼ /2t{J Hwy 2, MM 301

Mullen CRS-2P 309.72 $ t-/4 I~ 'f-{} $ ;1!11 /310 Hwy 97 North, MM 85-94

Mullen CRS-2P 433.12 $ I, 61-0 $ ,,V, 8"ftJ Hwy 97 South, MM 44-57

Arthur CRS-2P 237.19 $ /i/4 e:, J-1) $ M 8;-o Hwy 92, MM 185-192

Thedford CRS-2P 293.18 $ JI~ f> 1-IJ $ I, /b1JJ Hwy 83 North, MM 148-156.5

Thedford CRS-2P 367.38 $ ({, 810 $ I¾ Hwy 83 South, MM 137-147.5 fj.71)

Thedford CRS-2P 247.79 $Ni $ ,% (37_0 Hwy 2, MM 221-228 e,io

Ogallala

$ }/4 $~ Hwy 61 County Line South CRS-2P 477.59 J?>Jp (/J~ MM 103-112

Ogallala CRS-2P 346.97 $ /1/4 13 JrJ $ t¾ fJ J:r:J Hwy 26, MM 126

Total 5,471.17 Total $~ rJ-;:~

Hwy 47 North, MM 74-62 CSS-1 H 50/50 273.61 $ l/ZJ. ,1 $ II r 9r/f. 4o Hwy 47 South, MM 46-60 CSS-1 H 50/50 163.63 $ Y2.3, b! $ lt J1fl, si

North Platte I

Hwy 97, MM 0-10 CSS-1 H 50/50 50.54 $ L(i3,h1 $ t/

'-fltJ, i, Wallace

CSS-1 H 50/50 25.18 $ 42,3, & 1 $ Ju, t&,. (JiJ Hwy 25, MM 48-63

Oconto CSS-1 H 50/50 119.52 $ t.tzJ. 'J $ s-o, rrL. z..b Hwy 40 East, MM 39-51

Total 632.48 Total s 1,~-J , 111, 'bCJ

Ogallala - North of Lake Mac Hwy 61 County Line South CSS-1 H 75/25 194.93 $ ~o1, Co $

MM 103-112 18 q5~,'1r Ogallala

CSS-1 H 75/25 142.95 $ ro16P $ 1l. S-"fv, L.,1 Hwy 26, MM 126 "/

Mullen CSS-1 H 75/25 94.46 $ So1, {JtJ $ 41 i r,,. ·1; Hwy 97 North, MM 85-94 I

Mullen CSS-1 H 75/25 136.45 $ 5o·z ea $ 1:,1 l~'f.11 Hwy 97 South, MM 44-57

Arthur CSS-1 H 75/25 73.47 $ 'so1, f;rJ $ 'f 1

3 og, 07 Hwy 92, MM 185-192

Thedford CSS-1 H 75/25 127.45 $ ~ o1. ~o $ (p~ 1/'1. I{ Hwy 83 North, MM 148-15

Thedford CSS-1 H 75/25 157.44 $ fa1. $0 $ 111''t&. (J J Hwy 83 South, MM 137-14 Thedford

CSS-1 H 75/25 104.96 $ So'l. 'i~ $ rJ/ 1 qf b1 Hwy 2, MM 221-228

Hershey CSS-1 H 75/25 73.47 $ b o1. fJO $ 17; 3o9.o1 N-2, MM 164

Total 1,105.58 Total $ 5&1 4,1. ri I

Hwy 97, MM 9 HFE-300 99.86 $~ /j ;r{) $ ,Al., 15:i& Dickens

HFE-300 150.30 $ Al, $ N, Hwy 25 North, MM 58 (3 ,r:O fZ-;o Sutherland

HFE-300 73.48 $ #d $ ;ti, Hwy 25 North, MM 86 (3,;o rJ;:o Mullen Mixing Site 604

HFE-300 149.80 $~ {~ f (} $ Ali /b'J'O Hwy 2, MM 176

Arthur Mixing Site 619 HFE-300 49.93 $ t/11 R ;;: o $ #J !3-;:o Hwy 61, MM 126

Arthur Mixing Site 621 HFE-300 49.93 $ Ne ~ :co $ ;I, {3-JO Hwy 92, MM 175

Tryon Mixing Site 603 HFE-300 49.93 $ JI, 8 -JO $ #, /31(} Hwy 92, MM 205

Total 623.23 Total $ i (!,"50

North Platte North Yard MC-250 24.34 $ ,.¼ (Ju; $~ /3"JO Hwy 83, MM 87

Mullen Yard $ M /?re, $ ti 402 Southeast 1 st Street MC-250 24.34 /h-fl} North Side of East Hwy 2

Total 48.68 Total $ ~ {JH)

DISTRICT 7

Location Material Type Est. Tons Price per Ton Extended Price

Orleans

CRS-2P 109 $~ !JU)

$ /4 o'R) Hwy 89, MM 67.5

Franklin CRS-2P 362 $ /40 $ ffe Hwy 10, MM 7.3 ,3µJ (J UJ

Oxford CRS-2P 178 $ ,¼ $ ;VJ Hwy 136, MM 9 ,3w (I, -;:11

Minden CRS-2P 368 $ Hwy 10, MM 20.3 -~ 8:rtJ $ ~ 8UJ

Elwood CRS-2P 388 $ #v Hwy 283, MM 41 .2 810 $ ;Vv f3 :ro

Bartley CRS-2P 341.90 $~ (!, 7() $ /Ii (3-;:o Hwy 6, MM 98. 58

Brandon CRS-2P 188.53 $ .NJ (17--0 $11/4 BrP Hwy 23, MM 8. 3

Hayes Center CRS-2P 186.27 $ No (l,fp $11/4' Hwy 25, MM 37.5 fJ'J!)

Maywood CRS-2P 302.53 $ I¼ /jJI) $~ 11-ro Hwy 83, MM 35

Total 2,424.23 Total $ /V'S' (J;t/J

Holdrege ,,~. c, I 1013 West 4th Ave CSS-1 H Straight 13 $ $ ~ 6'(1, 13

Hwv 6, MM 157.5 I

Imperial hb1.ol 101 South Street CSS-1 H Straight 25.56 $ $ 11 off1c, Hwv 15A, MM 0.45 f

Total 38.56 Total $ i~ , 17, oJ I

DISTRICT 8

Location Material Type Est. Tons Price per Ton Extended Price

Springview CRS-2P 210 $ ;¼ 15'J:1' $ ,Ali, B~rJ Hwy 12, MM 56-66

Ainsworth CRS-2P 152 $ ;VJ ~:i:o $ I½ Hwy 20, MM 249-253 B r-o

Ainsworth 9A Spur CRS-2P 11 $ ;ti, (s -ro $ .J/J fb10 Taylor

CRS-2P 280 $ #o (l. TO $ M 131,0 Hwy 183, MM 143-155

O'Neill CRS-2P 275 $ /1/4 $ lo Hwy 281, MM 183-197 ~ 1"0 BfO

Merriman CRS-2P 126 $ Hwy 61, MM 219-226 M 131"0 $ /I& (61=.GJ

Cody CRS-2P 241 $ ;ti, Bio $ NJ e,-i:o Hwy 20, MM 155-167

Valentine CRS-2P 224 $ ('I; $ I¼ Hwy 83, MM 156-161 ~:co B TO

Valentine CRS-2P 203 $ ;1/4 8J"O $ /✓.,1 f31:f} Hwy 83, MM 186-197

Naper CRS-2P 185 $ 1/J 5 ;::o $ /Iii 8~0 Junction Hwy 12/137, MM 81-86

Total 1,907 Total $ ;¼ t3 Z:-0

Springview CSS-1 H 75/25 80 $~ a ro $M g-;:o Hwy 12, MM 56-66 n

Ainsworth

Hwy 20, MM 242-253 CSS-1 H 75/25 52 $ Alj a 10 $ ;v~ 131/J

Ainsworth 9A Spur CSS-1 H 75/25 5 $~ a ro $~ fJ;:o Taylor

CSS-1 H 75/25 100 $ M Bio $ _A{ 1310 Hwy 183, MM 143-155

O'Neill CSS-1 H 75/25 160 $ A{' a :ro $ ,,,.v:, ~10 Hwy 281, MM 183-197

;-I¼

Merriman CSS-1 H 75/25 48 ~Jo $ I¼ pf(}

Hwy 61, MM 219-226

Merriman CSS-1 H 75/25 115 $~ i3io $;W 6 J:{}

Hwy 20, MM 242-253

Valentine CSS-1 H 75/25 85 $ /Vd 13 r; $ If, 15 j,I) Hwy 83, MP 156-161

Valentine CSS-1 H 75/25 77 $ /,; ~ Z:,() $ JI, ~;-o Hwy 83, MM 186-197

Naper CSS-1 H 75/25 72 $ ~ (311J $ ;v, 13w Junction Hwy 12/137, MM 81-86

Total 794 Total $ I½ l3r-o

I Ainsworth Yard #80100 I HFE-150 19 $ I, 13-ro $ ~ ,1~0 Total 19 Total $ ((, ,3µ1

Hwy 2, 5 mi Southeast of Valentine HFE-300 50 $ ~ g 10 $ ;✓, B 1P Hwy 20, 1 mi West of Merriman HFE-300 25 $ NJ 61-0 $ I, Bro

Total 75 Total $ /th (3-uJ

I Hwy 2, 5 mi Southeast of Valentine I HFE-1000 25 $ //4 (3-io $ #J B-:rP Total 25 Total $ ;t, 010

PLANT PICK-UP LOCATIONS

Bidder shall include a price per ton for plant pick-up.

Location Material Type Est. Tons Price per Ton

Districts 1 through 8 CRS-2L 5 $ .No /] 'f: tJ

Districts 1 through 8 CRS-2 STRAIGHT 25 $ ;iol?w

Districts 1 through 8 CRS-2P 10 $ )So.vo

Districts 1 through 8 CRS-2P 80/20 5 $ ;U /J ~11

Districts 1 through 8 CRS-2VHL 5 $ 7 bcJ.oo

Districts 1 through 8 CSS-1H STRAIGHT 45 $ 70J.O'

Districts 1 through 8 CSS-1 H 75/25 5 $ s1 r oi1

Districts 1 through 8 CSS-1 H 50/50 35 $ 4 l..f, o<1

Districts 1 through 8 SS-1H 5 $ Alu aio

Districts 1 through 8 SS-1H 75/25 5 $ ~ fJio Districts 1 through 8 SS-1H 50/50 5 $ ;Vo {J l-/J

Dietricts 1 through 8 HFE-150

Districts 1 through 8 HFE-300

Districts 1 through 8 HFE-500

Districts 1 through 8 HFE-1000

Districts 1 through 8 MC-250

Districts 1 through 8 CMS-1

Districts 1 through 8 CMS-1W

Districts 1 through 8 HFMS-2L

Districts 1 through 8 HFMS-2P

Districts 1 through 8 CFS/FS-1

Additional Line Items Price

Returned Load Fee - Price Per Mile ; 1 Billed per Hwy Mile from the point the transfer $ J ; , fl I/ truck is notified back to the shipping point origin.

Demurrage Charge - Price Per Hour $ JSrJ.r#

5 $ Alo 8-itJ

5 $ !Vu dJo

5 $ No (1 JP

5 $ ,,,.ilv /!, ti)

5 $ ;lo (j JO

5 $ JI,, (]Jo

$ lo {3J/J

5 $/o/51/J

$ /Vu fsJ/J

$ lo {51/J

TABLE OF CONTENTS

INVITATION TO BID FOR COMMODITIES CONTRACT ...................................................................................................................... i

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

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

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

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

8. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Nonnegotiable)

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE SOLICITATION

H. SUBMISSION OF SOLICITATION RESPONSES

I. SOLICITATION PREPARATION COSTS

J. FAILURE TO COMPLY WITH SOLICITATION

K. SOLICITATION RESPONSE CORRECTIONS

L. LATE SOLICITATION RESPONSES

M. BID OPENING

N. SOLICITATION REQUIREMENTS

0. EVALUATION COMMITTEE

P. EVALUATION OF SOLICITATION RESPONSES

Q. BEST AND FINAL OFFER

R. REFERENCE AND CREDIT CHECKS

S. AWARD

T. LUMP SUM OR "ALL OR NONE" SOLICITATION RESPONSES

U. REJECTION OF SOLICITATION RESPONSES

V. PRICES & COST CLARIFICATION

W. SPECIFICATIONS

X. ALTERNATE/EQUIVALENT SOLICITATION RESPONSES

Y. SOLICITATION TABULATIONS ......... .... ...... .................. ..... ................ ...... ......... ................ ........ .. ...... ...... ............... . ?

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. BUYER'S REPRESENTATIVE .............. ... ..... ............. ..... ............. ........ ... .. ...... ...................... .. . , D. GOVERNING LAW (Nonnegotiable)

E. AMENDMENT

F. CHANGE ORDERS OR SUBSTITUTIONS

G. RECORD OF VENDOR PERFORMANCE

H. NOTICE OF POTENTIAL VENDOR BREACH

I. BREACH

J. NON•WAIVER OF BREACH

K. SEVERABILITY

L. INDEMNIFICATION

M. ATTORNEY'S FEES

N. ASSIGNMENT, SALE. OR MERGER

0 . CONTRACTING WITH OTHER POLITICAL SUBDIVISIONS OF THE STATE OR ANOTHER STATE

P. FORCE MAJEURE

Q. CONFIDENTIALITY

R. EARLY TERMINATION

S. CONTRACT CLOSEOUT

T. PROHIBITED PRODUCTS

U. AMERICANS WITH DISABILITIES ACT

V. DELIVERY ARO

W. DELIVERY INSTRUCTIONS AND REQUIREMENTS

X. ORDERS

Y. QUALITY CONTROL PROGRAM SUPPLIER CERTIFICATION AND QUALITY

Z. SAMPLES AND PERFORMANCE TESTING

AA. BASIS OF PAYMENTTESTING

BB. ANNUAL USAGE, ESTIMATED

Page ii

Ill. VENDOR DUTIES

A. INDEPENDENT VENDOR/ OBLIGATIONS

8. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Nonnegotiable)

D. COOPERATION WITH OTHER VENDORS

E. DISCOUNTS

F. PRICES

G. PERMITS, REGULATIONS, LAWS

H. ANTITRUST

I. CONFLICT OF INTEREST

J. SITE RULES AND REGULATIONS

K. ADVERTISING

L. DISASTER RECOVERY/BACK UP PLAN

M. DRUG POLICY

N. TIME IS OF THE ESSENCE

0 . USAGE REPORT ......... .... ........... . :

P. DELIVERY LOCATIONS

IV. PAYMENT

A. PROHIBITION AGAINST ADVANCE PAYMENT (Nonnegotiable) B. TAXES (Nonnegotiable) C. INVOICES (Nonnegotiable) .... .. ........ ........ .. .... .. .. ......... .... .... ... ... ... .. .. ... , D. INSPECTION AND APPROVAL

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

V. TECHNICAL SPECIFICATIONS

A. VENDOR INSTRUCTIONS

8. NON-COMPLIANCE STATEMENT

C. MATERIAL SPECIFICATIONS - LIQUID ASPHALTIC MATERIALS

D. MATERIAL SPECIFICATIONS-SECTIONS 504 & 513

E. MATERIAL SPECIFICATIONS- SECTION 515

F. MATERIAL SPECIFICATIONS - EMULSIFIED ASPHALT (CRS-2P & CRS-2P (80/20))

G. MATERIAL SPECIFICATIONS- SECTIONS 1031 & 1032

H. INVOICE STATEMENTS

CONTRACTUAL AGREEMENT FORM

Page iii

GLOSSARY OF TERMS

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

Addendum: A written correction or alteration to a document during the solicitation process (e.g., Questions and Answers, Revised Schedule of Events, Addendum to Contract Award).

Agency: All officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations

Agent/Representative: A person authorized to act on behalf of another

Amend: To alter or change by adding, subtracting, or substituting

Amendment: A written correction or alteration to a document

Appropriation: Legislative authorization to expend public funds for a specific purpose; money set apart for a specific use

Automated Clearing House (ACH): Electronic network for financial transactions in the United states

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

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

Bid: See Solicitation Response

Bid Opening: The process of opening correctly submitted solicitation responses at the time and place specified in the written solicitation and In the presence of any bidder who wishes to attend

Bidder: A Vendor who submits a Solicitation Response

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 solicitation, purchase order, or contract without expectation of conducting or performing 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

Commodities: Any equipment, material, supply, or goods; anything movable or tangible that is provided or sold

Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain the desired quality, type, color, size, shape, or special characteristics necessary to perform the work Intended to produce the desired results

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

Confidential Information: See Proprietary Information

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

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

Contract Award: Document that officially awards a contract to a bidder(s) as the result of a competitive solicitation or a vendor(s) in a contract that qualifies for an exception or exemption from the competitive bidding requirements of the state Procurement Act

Page iv

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

Contract Period: The duration of the contract

Contractor: See Vendor

Cooperative Purchasing: The combining of requirements of two or more political entities to obtain advantages of volume purchases, reduction in administrative expenses or other public benefits

Copyright: A property right in an original work of authorship fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt and distribute the work

Cost Sheet: A required document that is completed by the vendor in the prescribed format to show the vendor's pricing to provide the commodities or perform the services requested.

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those commodities or services provided by a Vendor

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 a solicitation response after opening to determine the bidder's responsibility, responsiveness to requirements, and to ascertain other characteristics of the solicitation response that relate to determination of the successful award

Evaluation Committee: lndividual(s) identified by the agency that leads the solicitation to evaluate solicitation responses

Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original Contract Period; not to be confused with "Renewal Period"

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

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

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

Goods: See Commodities

Installation Date: The date when the procedures described in "Installation by Vendor "and "Installation by State" as found in the solicitation or contract are completed

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

Invitation to Bid (1TB): See Solicitation

Late Solicitation Response: A solicitation response received after the Opening Date and Time

Mandatory: Required, compulsory, or obligatory

May: Discretionary, permitted; used to express possibility

Must: See Shall

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

Non-Responsive Solicitation Response: Any bid that does not comply with the requirements of the solicitation or cannot be evaluated against the other bids

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

Opening Date and Time: Specified date and time for the opening of received, labeled, and sealed formal solicitation responses

Outsourcing: The contracting out of a business process that an organization may have previously performed internally or for which an organization has a new need to an independent organization from which the process is purchased back

Pagev

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

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

Personal Property: See Commodities

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

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

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: See Solicitation Response

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

Protest/Grievance: A complaint about a governmental action or decision related to the solicitation or resultant contract under SPB's Protest Policy.

Quote: See Solicitation Response

Release Date: The date of public release of the solicitation

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

Responsible Bidder: A Vendor 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 Vendor who has submitted a solicitation response which conforms to all requirements of the solicitation

Shall: An order/command; mandatory

Should: Expected; suggested, but not necessarily mandatory

Solicitation: A formal invitation to receive quotes in the form of a Request for Proposal or Invitation to Bid

Solicitation Response: An offer, quote, bid, or proposal submitted by a Vendor in response to a Solicitation

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

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

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

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

Trade Secret: Information, including but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat.§ 87-502(4))

Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or 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 of service Page vi

Vendor: An individual or entity lawfully conducting business with the State. or licensed to do so, who seeks to provide and contract for goods or services under the terms of a Solicitation and/or Contract.

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

Will: See Shall

Work Day: See Business Day

Page vii

ACH - Automated Clearing House

ARO - After Receipt of Order

BAFO - Best and Final Offer

COi - Certificate of Insurance

DAS - Department of Administrative Services

F.O.B. - Free on Board

1TB - Invitation to Bid

NDOT - Nebraska Department of Transportation

NIGP- National Institute for Governmental Purchasing

PA - Participating Addendum

PCO - Procurement Contract Officer

POC - Point of Contact

SDS - Safety Sheet

SPB - State Purchasing Bureau

ACRONYM LIST

Page viii

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

This solicitation is designed to solicit responses from qualified bidders who will be responsible for providing Liquid Asphaltic Materials at a competitive and reasonable cost.

Solicitation responses shall conform to all instructions, conditions, and requirements included in the solicitation. Prospective bidders are expected to carefully examine all documents, schedules, and requirements in this solicitation, and respond to each requirement in the format prescribed. Solicitation responses 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 the State Purchasing Bureau. The point of contact (POC) for the procurement is as follows:

1TB Number: 121091 OR Name: Brenda Sensibaugh Procurement Contract Officer Agency: State Purchasing Bureau Address: 1526 K Street, Suite 130

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

From the date the solicitation is issued until the Intent to Award is issued, communication from the bidder is limited to the POC listed above. After the Intent to Award is issued, the Vendor 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 POC; and

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

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

C. SCHEDULE OF EVENTS

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

NOTE: All ShareFile links in the Schedule of Events below, are unique links for each schedule step. Please click the correct link for the upload step you are requesting.

ACTIVITY DATEfTIME

1. Release solicitation January 31, 2025

Last day to submit written questions

2.

ShareFile link for uploading questions:

February 12, 2025 ht112s.//nebraska . sbarefile. com/r -r4 f5003dac42c4c689688d8effcc 149ba

State responds to written questions through a solicitation "Addendum" to be posted to the

3. Internet at: February 19, 2025 htt12s:// das . n ebraska. gov/materiel/bido1212s. htm I

Bid Opening - Online via Webex Meeting

IT IS THE BIDDER'S RESPONSIBIL TY TO UPLOAD ELECTRONIC FILES BY THE

OPENING DATE AND TIME. EXCEPTIONS WILL NOT BE MADE FOR TECHNOLOGY

ISSUES.

ShareFile Electronic Solicitation Response submissions Link:

htt12s ://nebra ska. sharefi le. com/r -rf69d2ec2 d5854035bed 1 cb69597 c4365

Join Webex Meeting

Join from the meeting link https://sonvideo. webex. com/sonvideo/j. php?MTI D=m518464c4dda90dfb8e4d5df63ab83~

Join by meeting number

Meeting number (access code) : 2481 145 1148 March 4, 2025

4. 2:00 PM

Meeting password: CHm5cRqdW38 Central Time

Tap to join from a mobile device (attendees only) +1-408-418-9388,,24811451148## United States Toll

Join by phone +1-408-418-9388 United States Toll Global call-in numbers

Join from a video system or application Dial 24811451148@sonvideo.webex.com You can also dial 173.243.2.68 and enter your meeting number.

8. Contract award TBD

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any solicitation provision must be submitted in writing to SPB and clearly marked "Solicitation Number 121091 OR; Liquid Asphaltic Materials Questions". POC is not obligated to respond to questions that are received late per the Schedule of Events.

Bidders should submit questions for any items upon which assumptions may be made when preparing a response to the solicitation.

Any solicitation response containing assumptions may be deemed non-responsive and may be rejected by the State. Solicitation responses 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.

Questions should be uploaded using the ShareFile link provided in the Schedule of Events, Section I.C. It is recommended that Vendors submit questions using the following format.

Solicitation Section Solicitation Page Question Reference Number

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

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Nonnegotiable) All Bidders 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 or Letter of Good Standing, or in the case of a sole proprietorship, provide written documentation of sole proprietorship and the United States Citizenship Attestation Form, available on the DAS website at:

httos.//das.nebraska.qov/materiel/docs/pdfllndividual%20or%20Sole%20Proprietor%20United%20States%20Atlestal1on%20Form %20Enqlish%20and%20Spanish.pdf. This should be accomplished prior to execution of the contract.

F. ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject solicitation responses, withdraw an intent to award or award, or terminate a contract if an ethical violation has been committed, which includes, but is 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. Utilizing 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 solicitation response on behalf of another Party or entity; and

5. Colluding 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 solicitation response, or prejudice the State.

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

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

G. DEVIATIONS FROM THE SOLICITATION

The requirements contained in the solicitation (Sections II through V) become a part of the terms and conditions of the contract resulting from this solicitation. Any deviations from the solicitation in Sections II through V must be clearly defined by the bidder in its solicitation response and, if accepted by the State, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the solicitation, solicitation requirements, or applicable state or federal laws or statutes. "Deviation", for the purposes of this solicitation, means any proposed changes or alterations to either the contractual language or deliverables within the scope of this solicitation. The State discourages deviations and reserves the right to reject proposed deviations.

H. SUBMISSION OF SOLICITATION RESPONSES

The State is only accepting electronic responses submitted in accordance with this solicitation. The State will not accept bids by mail, email, voice, or telephone, unless otherwise explicitly stated in writing by the State.

Pages may be consecutively numbered for the entire solicitation response 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.

It is the bidder's responsibility to ensure the solicitation response is received electronically by the date and time indicated in the Schedule of Events. Solicitation Responses must be submitted via ShareFile by the date and time of the opening per the Schedule of Events. No late solicitation responses will be accepted.

It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. The website can be found here: https.//das nebraska gov/materiel/bidopps.html. -

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

The ShareFile link for uploading Solicitation Response(s) is provided in the Schedule of Events, Section I.C.

***UNLESS OTHERWISE NOTED, DO NOT SUBMIT DOCUMENTS

THAT CAN ONLY BE ACCESSED WITH A PASSWORD***

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

Note: Not all browsers are compatible with ShareFile. Currently Google Chrome, Internet Explorer, Microsoft Edge, Safari, and Firefox are compatible. After the bidder clicks the solicitation submission link, the bidder will be prompted to enter contact

SPB Form 17 j lTB Template) Effective 12162024 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.

ShareFile link for uploading solicitation response(s) provided in the Schedule of Events, Section I.C.

1. The Solicitation response and Proprietary information should be uploaded as separate and distinct files.

I. If duplicated responses are submitted, the State will retain only the most recently submitted response.

II. If it is the bidder's intent to submit multiple responses, the bidder must clearly identify the separate submissions.

Ill. 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 responses will be accepted.

2. ELECTRONIC SOLICITATION RESPONSE FILE NAMES

The bidder should clearly identify the uploaded solicitation response files. To assist in identification the bidder should use the following naming convention:

I. 121091 OR, Company Name If multiple files are submitted for one solicitation response, add number of files to file names:

121091 OR Company Name File 1 of 2.

121091 OR Company Name File 2 of 2.

II. If multiple responses are submitted for the same solicitation, add the response number to the file names:

121091 OR Company Name Response 1 File 1 of 2.

The "Contractual Agreement Form" must be signed manually in ink or by DocuSign and returned by the opening date and time along with the bidder's solicitation response and any other requirements as stated in this solicitation in order for the bidder's solicitation response to be evaluated.

By signing this Contractual Agreement Form, the bidder guarantees compliance with the provisions stated in this solicitation and agrees to the terms and conditions unless otherwise indicated in writing.

I. SOLICITATION PREPARATION COSTS

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

J. FAILURE TO COMPLY WITH SOLICITATION

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 solicitation response,

2. Withdrawal of the Intent to Award,

3. Withdrawal of the Award,

4. Negative documentation regarding Vendor Performance,

5. Tennination of the resulting contract,

6. Legal action; and

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

K. SOLICITATION RESPONSE CORRECTIONS

A bidder may correct a mistake in an electronically submitted solicitation response prior to the time of opening by uploading a revised and completed solicitation response.

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

a. Corrected 121091 OR Company Name Response #1 File 1 of 2,

b. Corrected 121091 OR Company Name Response #2 File 2 of 2, etc.

Changing a solicitation response after opening may be permitted if the change is made to correct a minor error that does not affect price, quantity, quality, delivery, or contractual conditions. In case of a mathematical error in extension of price, unit price shall govern.

L. LA TE SOLICITATION RESPONSES

Solicitation Responses received after the time and date of the opening will be considered late responses. Late responses will be considered non-responsive. The State is not responsible for responses that are late or lost regardless of cause or fault.

M. BID OPENING

The opening will consist of opening solicitation responses and announcing the names of bidders.