Full Value Ag - Bid Response.pdf

Department of Water, Energy, and Environment ONE RED Ag Program

RFP 124065 O5

Department of Water, Energy, and Environment Opportunity for Nebraska: Reducing Emissions and Decarbonization (ONE RED) Ag Program Request for Proposal Number: 124065 O5

February 23, 2026

PROPRIETY INFORMATION Page 1

February 23, 2026

Matthew Caddy, Procurement Contracts Officer Nebraska State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, NE 68508

Subject: RFP 124065 O5 NDWEE ONE RED Ag Program

Dear Mr. Caddy:

Full Value Agriculture, Inc. is pleased to present our proposal in response to RFP 124065 O5 for the Department of Water, Energy, and Environment’s ONE RED Ag Program. This program represents a significant opportunity for Nebraska to connect practical farm management decisions with measurable environmental outcomes and new market opportunities.

Full Value Agriculture was created to design and operate exactly this kind of program—complex, multi-year initiatives that require coordination across producers, service providers, agencies, and federal partners. We are focused on execution: building relationships, operating discipline, and systems to move from program concepts to real and measurable outcomes for the state.

Full Value Agriculture is proud to strategically team with MillPont, Appsky, and Deloitte Consulting Services (collectively referred to as the Full Value Agriculture Team) to support NDWEE’s launch and operation of this effort. Together, our team brings agricultural credibility, technology infrastructure, and grants administration experience required to deliver the ONE RED Ag Program in a way that is trusted by participants, efficient and effective, compliant, and adds value to all stakeholders.

MillPont provides breakthrough geospatial registry infrastructure and carbon intensity (CI) certification systems that help ensure secure, auditable data flows and market-credible claims for producers. MillPont’s geospatial registry covers 1.6 billion acres (with 50 million acres claimed in regenerative ag programs) of working lands globally. Deloitte brings proven, large-scale grants administration systems and compliance experience to manage applications, payments, and reporting in line with state and federal requirements, including specifically with the U.S. Environmental Protection Agency (EPA).

What truly differentiates the Full Value Agriculture Team - and why the MillPont and Deloitte partnership matters to Nebraska: it’s our ability to combine market integrity with administrative certainty.

A proven record of delivering large, outcome-focused programs: Too often, agricultural programs succeed on paper but fail in execution—either because compliance systems are too burdensome for producers, payment systems are not built for scale, or environmental claims lack the technical rigor to withstand regulatory or market scrutiny. The ONE RED Ag Program cannot afford those gaps. It must simultaneously:

• Position Nebraska producers for participation in CI, carbon, and emerging ecosystem service markets

• Generate defensible environmental outcomes

• Deliver timely, accurate payments to producers

• Protect taxpayer dollars

• Meet EPA compliance requirements

Full Value Agriculture, Inc.

2120 South 72nd Street, Ste. 800 Omaha, NE 68124 www.aksarben.org/full-value-ag

RFP 124065 O5

PROPRIETY INFORMATION Page 2

The Full Value Agriculture Team is structured to meet all of these demands.

A proven record of delivering large, outcome-focused programs is what differentiates the Full Value Agriculture Team. Administering a multi-million-dollar agricultural initiative requires managing financial, compliance, technology, market, and stakeholder risks simultaneously. The teaming between MillPont and Deloitte reinforces that both environmental integrity and public fund accountability are built into the program from day one - MillPont providing secure, geospatially verified infrastructure to protect the credibility of environmental outcomes, and Deloitte delivering tested grants administration and program integrity-ready controls to protect state and federal dollars. Combined with Full Value Agriculture’s on-the-ground agricultural execution, this structure ensures the ONE RED Ag Program moves from concept to full operation with credibility, compliance, and measurable results -and continues running smoothly once deployed.

Administering a multi-million-dollar agricultural program requires an appreciation of the full range of risks, including financial, market, stakeholder, media, public policymaker perception, and technology risk. The Full Value Agriculture Team brings a seasoned and unmatched record of designing, implementing, and operating complex, statewide programs that will actually change farming practices and deliver results. Across agricultural, data, and federal grant efforts, our team has built secure systems, coordinated large partner networks, and moved significant dollars in ways that meet state and federal requirements. We understand how to take a program from concept to full operation—and keep it running smoothly once it’s there.

Credibility with the stakeholders in this program depends on Trust: Programs like ONE RED succeed or fail based on trust. They require coordination among farmers and ranchers, service providers, agribusinesses, state agencies, and federal partners. Our team brings practical, working credibility across this entire network. We have worked with producers, collaborated with agencies, administered federal programs, and met the compliance and reporting standards required to keep those programs on track.

A Nebraska-rooted vision focused on real value for producers: Our collective team has delivered over 150 projects and administered $2+ billion of funds for the State of Nebraska. Further, many members of this team grew up and still have family in Nebraska’s small towns and farming communities. We know what it means when a program shows up in a producer’s mailbox, and we know the difference between money that gets spent and investments that truly make a farm stronger. To us, success isn’t just about moving dollars out the door – it’s about helping producers build soil productivity, protect water resources, and open new market opportunities that add value to what they already grow. This program gives Nebraska a rare chance to create something lasting, and our team is committed to delivering results that endure well beyond the life of the grant.

Choosing a partner you know and trust, who has consistently delivered quality project outcomes on time and within budget is crucial to the success of this program. Our response is a celebration of our longstanding commitment to the State of Nebraska, and we appreciate the opportunity to submit this proposal and look forward to the possibility of working with NDWEE to implement a program that delivers real value for Nebraska producers and communities. If you have any questions or require additional information, please contact me at or .

Sincerely, T. Hank Robinson, Ph.D., J.D.

Executive Director

RFP 124065 05

1. Corporate Overview

1.a. Bidder Identification and Information

Full Value Agriculture, Inc. ("Full Value Agriculture"} is a 501 (c}(3} nonprofit organization focused on helping farmers, ranchers and feeders grow, profit and obtain competitive advantage by connecting their stewardship and continuously improving production practices to market demand for new agricultural-supply chains. Full Value

Agriculture plays a critical role in bringing together the producers, methods, technologies, infrastructure and marketing expertise needed to cultivate a new value proposition for existing agriculture in Nebraska.

The Aksarben Foundation established Full Value Agriculture as an

Initiative in January 2023 with the mission to "Connect Nebraska's sustainably produced commodities with growing global-market demand". Its vision: "Markets recognize Nebraska as the most sustainable ag-supply chain in the world". The Aksarben Foundation moved to establish Full Value Agriculture, Inc. as an independent nonprofit organization to better align authority, accountability, and execution responsibility for long-term operational programs in

Nebraska's bioeconomy.

Full Value Agriculture is an execution-focused organization created to

Full Value Agriculture and the

Nebraska Farmer

Authored by Full Value Agriculture's Hank Robinson, Nebraska is a leader in global sustainable agriculture by connecting producers' stewardship and continuously improving practices to market demand, enabling farmers and ranchers be recognized and compensated for sustainable outcomes.

Nebraska Exam'iner cmv\EMTARY

Nebraska is uniqudy positioned to lead the world in sustainable agriculture

000000 design and implement complex, multi-year agricultural and economic Full article can be found here development programs that require regulatory compliance, data governance, and coordinated delivery across public, private, and nonprofit partners. The organization's focus is the administration of data-driven incentive and grant programs aligned with State and federal priorities for agricultural competitiveness, emissions intensity, and market access.

Contractor Identification and Information (Table 1)

Name:

Headquarters:

Entity organization: (corporation, partnership, proprietorship)

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

Year in which the bidder first organized to do business

Full Value Agriculture, Inc.

Omaha, NE

Nonprofit corporation (501 (c)(3) (status pending)

Nebraska {articles of incorporation in process)

Full Value Agriculture was first established as an Aksarben Foundation Initiative in January 2023

Whether the name and form of organization has changed The legal form of Full Value Agriculture has changed since first organized:

since first organized The Aksarben Foundation moved to establish Full Value Agriculture, Inc. as an independent nonprofit organization.

Full Value Agriculture is strategically teaming with MillPont and Deloitte (collectively referred to as the Full Value

Agriculture Team} for the ONE RED Ag program to bring a seasoned and unmatched record of designing, implementing, and operating complex, statewide programs that will actually change farming practices and deliver results. Across agricultural, data, and federal grant efforts, our team has built secure systems, coordinated large partner networks, and moved significant dollars in ways that meet state and federal requirements. We understand how to take a program from concept to full operation and keep it running smoothly once it's there. Our collective team has delivered over 150 projects and administered $2+ billion of funds for the State of Nebraska.

Page4

RFP 124065 05

r"'!""I MillPont provides the foundational infrastructure states use to track and verify Carbon t:t; Mi 11 Pont Intensity (Cl) and other environmental outcomes at farm and facility level. Through geospatially linked digital deeds, MillPont connects environmental results directly to their point of origin - specific fields and production systems - creating clear, traceable records that move securely across markets and programs. At the center of this work is MillPont Environmental Trust Infrastructure (METI"'), a cloud-based network spanning 1.6 billion acres of working lands globally, with 50 million acres claimed in regenerative ag programs, and connecting environmental registries, market programs, and government systems.

MillPont's infrastructure is trusted by some of the largest companies in the world - including

- and by a growing number of state partners, including Colorado's first public-private grassland carbon program.

For states, launching a Cl registry is not simply a technical exercise; it establishes the backbone for market participation, regulatory alignment, and long-term program credibility. Producer data must be protected, environmental outcomes must withstand audit and regulatory scrutiny, and claims must be interoperable across federal and voluntary markets. The system must scale across millions of acres while remaining practical for producers and manageable for agencies. Without proven infrastructure, states risk siloed systems that are costly to maintain, difficult to expand, and vulnerable to compliance and reputation al risk.

MillPont licenses dedicated instances of METl"' to public and private sector partners, enabling them to operate Cl registries with built-in geospatial verification, secure data exchange, boundary level claim tracking, and interoperability with existing market programs. The state retains governance and oversight while operating on infrastructure already deployed at national scale and actively supporting live public-private environmental programs. By combining large-scale connectivity, institutional-grade trust architecture, and direct experience working alongside producers and biofuels operators, MillPont enables states to deploy Cl registries that are credible in the marketplace, producer-centered in design, and durable over the long term.

MillPont's METI for a Biological Carbon

Program

MillPont's METI used to launch the nation's first biological carbon program on public lands. This public-private partnership brings carbon market access to 2.8 million acres of state trust lands• positioning Colorado as a national leader in ecosystem services on working lands.

�A1cot.0RADO Jllli!,W•-i,.....,-,.

Colorado State La.nd Board Joins MillPont"s METT'" to

Launch the First Publlc·LanCI Bloto91ca1 Carbon Program In the U.S.

Colorado State Land Board Joins MtllPont's

METI™ to L�unch the First Public-Land

Biological Carbon Program in the U.S.

tot--·(«r»S,r, ......... ,.,,,..s,,., tnllPr'tce:trt*M

..,....c-nw>eeM res..,,.m?wr!ld'O tm_.,.....,,.,., 'IM...,.IMII01101"( ...

Mnettirr6«et'«lm

Full article can be found here

Deloitte has served the State of Nebraska for more than 20 years, building on their 70-

DelOitte. year local legacy of supporting the Nebraska community. Deloitte has a significant local presence and a national reach with extensive experience advising clients on highly complex federal grant programs, technology modernization and digital transformation projects, workforce development, cyber risk, and finance and compliance reporting.

Deloitte's commitment extends beyond client services; Deloitte is dedicated to making a meaningful difference in the lives of our communities through the more than 30 Local

Community Organizations and Boards that Deloitte professionals belong to or actively support, including the Aksarben Foundation, United Way of the Midlands, Habitat for

Humanity, Nebraska Chamber of Commerce. Deloitte is the recipient of the Governor's

Wellness Award which demonstrates their commitment and dedication to incorporate a culture of health and wellness into the workplace.

RFP 124065 O5

PROPRIETY INFORMATION Page 7

Full Value Agriculture, Inc. is governed by an independent Board of Directors with fiduciary responsibility for organizational strategic direction and oversight. Day-to-day operations and execution authority resides with the President, who serves as the accountable executive responsible for contract performance, compliance, and coordination with State partners.

A change in organizational control occurred as part of the transition from an Initiative to an independent nonprofit organization. This change reflects formal establishment of a separate governing board and legal entity and was completed on February 19, 30, 2026.

1.d. Office Location Full Value Agriculture, Inc., based in Omaha, NE, will be responsible for performance pursuant to the award of a contract with the State of Nebraska.

Office Location (Table 4) Name: Full Value Agriculture, Inc.

Office Address: 2120 South 72nd Street, Ste. 800 Omaha, NE 68124

Contact Person & Title: T. Hank Robinson, Ph.D., J.D.

Executive Director

E-mail Address:

Telephone Number (Office):

1.e. Relationships with the State Full Value Agriculture has not previously contracted with the State of Nebraska as a separate legal entity. Future Value Agriculture’s predecessor organization, Aksarben Foundation, has contracted with the State in addition to collaborating with State agencies for sustainable agriculture–related planning and strategy development. Table 5 below describes the Aksarben Foundation’s dealings with the State over the previous three years.

1.e.1 Aksarben Foundation Contracts and Sponsorships with State of Nebraska (Table 5)

Department or Agency

Description

Governor’s Policy Research Office

Agricultural Program Planning and Stakeholder Coordination Support

Contract: Not Applicable

Department of Economic Development

Intern Nebraska (InterNE) Grant Program

Contract: 23-01-0244

Agriculture

Greenhouse Gas Emissions Study: Blonk Consultants Sponsorship

RFP 124065 O5

PROPRIETY INFORMATION Page 8

Department or Agency

Description

Department of Water, Energy, and Environment

Contract: Not Applicable

Deloitte has built a strong reputation for delivering results and fostering trusted relationships across State agencies. Table 6 and 7 below describes Deloitte’s dealings – active contracts and completed contracts and sponsorships – with the State over the previous three years.

1.e.2 Active Deloitte Contracts with State of Nebraska (Table 6)

Department or Agency

Description

Department of Water, Energy, and Environment

Home Energy Efficiency Rebates (HOMES) and Home Electrification and Appliances Rebates (HEAR) Programs

Contract: 114994 O4

Nebraska Emergency Management Agency

Federal Emergency Management Agency Public Assistance

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

Administrative Services

Office of the Chief Information Officer

Contract: 114954 O4

Health and Human Services

Data Management and Analytics

Contract: 78047 O4

RFP 124065 O5

PROPRIETY INFORMATION Page 9

1.e.3 Completed Contracts and Sponsorships with State of Nebraska (Table 7)

Department or Agency

Description

Sponsorships:

Investing in Nebraska

Governor’s Summit: Growing Nebraska Deloitte was a Sponsor of the 2025 Governor’s Summit hosted by the Departments of Economic Development and Agriculture held in Kearney. The summit focused on Nebraska’s workforce, manufacturing, and bioeconomy. The Governor’s Youth Summit enabled high school students to navigate their path to career success and connect with businesses to learn more about internships and career opportunities in Nebraska.

Contract: Not Applicable

Nebraska Data & AI Summit Deloitte was a Sponsor of the 2025 Nebraska Data & AI Summit hosted by the Office of Chief Information Officer held in Omaha. The Nebraska Data and AI Summit brought together public sector leaders and industry experts to explore how data and artificial intelligence can transform public services, drive operational efficiency, and position the state as a national leader in technology.

Contract: Not Applicable

Nebraska Employment eXploration & Transition (NEXT) Deloitte is a Sponsor and advocate of Nebraska NEXT, a statewide talent attraction strategy led by the Department of Economic Development and the Good Life is Calling campaign to connect people with purpose, place, and opportunity. Deloitte sponsored the Collegiate Talent Forum — an event that connects top collegiate talent with Nebraska’s thriving professional landscape.

Contract: Not Applicable

Governor’s Office

Nebraska Coronavirus Relief Funds (CRF)

Contract: 20-NE-C19-SA

Emergency Rental Assistance Program

Contract: NE-21-0000-MSA-ERAP

State Broadband Support

Contract: 95281 O4

Health and Human Services

Child Care Stabilization Program

Contract: NDAS-21-0000-MSA-HHSCC

RFP 124065 O5

PROPRIETY INFORMATION Page 10

Department or Agency

Description

Economic Development

American Rescue Plan Act

Administrative Services

Accounting and Financial Reporting

Agriculture American Rescue Plan Act

Labor Audit Remediation and Annual Comprehensive Financial Report

American Rescue Plan Act

1.f. Bidder’s Employee Relations to State No Party mentioned in Full Value Agriculture’s proposal response is or was an employee of the State within the past twelve (12) months. No employee of any State agency is employed by Full Value Agriculture or is a subcontractor to Full Value Agriculture, as of the due date for proposal submission.

1.g. Contract Performance No Party mentioned in Full Value Agriculture’s proposal response, including Full Value Agriculture Inc.’s predecessor organization Aksarben Foundation, has had a contract terminated for default during the past five (5) years.

1.h. Summary of Bidder’s Corporate Experience The Full Value Agriculture Team has the technical experience and commitment to help NDWEE drive the success of the ONE RED Ag program. Tables 8-10 below provides a summary of our teams' experience with projects similar in size, scope, and complexity of the ONE RED Ag program.

RFP 124065 O5

PROPRIETY INFORMATION Page 11

1.h.1 Full Value Agriculture – Nebraska Governor’s Policy of Research Office (Table 8)

Client Name State of Nebraska – Governor’s Policy Research Office Agricultural Program Planning and Stakeholder Coordination Support

Time Period October 2024 – November 2025

Scheduled and Actual Completion Dates

The project was completed on time as scheduled and within the time period above.

Scheduled/Actual Budget

$500,000

Responsibilities

Customer Contact Information

Contract Type Prime

1.h.2 Deloitte – State of Nebraska Grants Management Services (Table 9)

Client Name State of Nebraska Comprehensive Grants Management Services

Time Period CARES: May 2020 – March 2022 ERAP: February 2021 – January 2023

Child Care: September 2021 – August 2023 ARPA: July 2022 – November 2023

Scheduled Date and Actual Completion Date

Each project was completed on time as scheduled and within the time period above.

Scheduled/Actual Budget

CARES Act: $10,900,000

ERAP: $12,800,000

Child Care Stabilization: $3,200,000

ARPA: $3,300,000

RFP 124065 O5

PROPRIETY INFORMATION Page 12

Contract Type Prime Contractor

1.h.3 MillPont - Colorado Grassland Carbon Program (Table 10)

Client Name Colorado State Land Board (CSLB)

Time Period December 2023 – Present

Scheduled and Actual Completion Dates

The project was completed on time as scheduled and within the time period above.

Scheduled/Actual Budget

$172,600

PROPRIETY INFORMATION Page 13

Contract Type Professional Services Agreement – Phased Project Engagement with Annual Retainer and Platform Licensing and Subscription Agreement

1.i. Summary of Bidder’s Proposed Personnel/Management Approach Our proposed team of qualified professionals stand ready to support NDWEE throughout each stage of the program lifecycle. Our team will collaborate with NDWEE to successfully implement the agency's vision, drawing upon our extensive experience to maximize program success. We are committed to transparency with open and frequent communications with NDWEE and will work to proactively communicate risks and issues, mitigation strategies, and program achievements with NDWEE in a timely manner. By leveraging locally based resources alongside experts with extensive experience executing on bioeconomy projects across the country and supporting federal grant programs for other state governments, we will deliver a balanced approach that combines an intimate understanding of the program and its goals with a profound knowledge of the state's unique priorities and needs.

NDWEE, as the grant recipient, will provide program oversight authority, while collaborating with our program leadership team, to establish program rules, approve major program changes, approve final fund disbursements.

The program leadership team will also look to collaborate with the Governor’s Water Quality and Quantity Task Force for stakeholder input, performance trend reviews, and grant priorities and potential program adjustments.

This structure ensures accountability for technical performance while providing NDWEE the flexibility to retain control over program rules, eligibility, and final funding authorizations.

Each of the tasks in the Statement of Work has an identified leader, who will work with the broader project implementation team on task delivery. serves as the QAPP lead, bringing experience with quality assurance for other EPA programs. , having advised other state federal grant programs, serves as an advisor to the program.

MillPont’s will lead the development of the Ag Data Bank. Deloitte’s leads the team for the digital interface for the Precision and Regenerative Agriculture grant programs. The Full Value Agriculture Team structure is depicted in Figure 1 below:

RFP 124065 O5

PROPRIETY INFORMATION Page 16

Deloitte as a global professional services firm has strengths in large-scale systems integration, controls/compliance, and run/operate models, capabilities that align to leading payment processing integration, system validation/quality assurance including conformance to NDWEE’s Quality Assurance Project Plan (QAPP), and ongoing operation of the grants digital interface (solicitations, applications, selection, disbursement, monitoring, reporting). Deloitte’s client-tested climate action services, along with a track record of successfully aligning public sector goals with private sector innovations and financing, means that Deloitte is the partner of choice to help create a cleaner, more secure, and resilient future that benefits citizens. Deloitte’s Sustainability practitioners are at the forefront of top trends and issues in the field, inspiring thoughtful, strategic, and human-centered action that helps organizations understand how to put what is good and equitable for people and planet at the core of decisions to advance a prosperous and sustainable future. Table 12 outlines Full Value Agriculture’s Subcontractors and supporting information

Subcontractor Performance Information (Table 12)

Name, address, and telephone number:

MillPont 666 Grand Ave, Ste 2000 Des Moines, Iowa 50309

(515) 371-7915

Deloitte 1100 Capitol Avenue, Suite 300 Omaha, NE 68102-1113

(402) 346-7788

Specific tasks:

Ag Data Bank

1. System Design and Development

(including integration of cropping data and a scenario modeling tool)

2. Data Security and Privacy

3. System Validation and Quality Assurance

4. User Training and Support

5. Data Reporting, Analytics, and Evaluation

6. Maintenance and Updates

Ag Grants Digital Interface

1. System Design and Development

2. Data Security and Privacy

3. Payment Processing Integration (Ag Data Bank and

Digital Interface)

4. System Validation and Quality Assurance (QAPP

Review for Ag Data Bank and Digital Interface)

5. User Training and Support

6. Data Reporting, Analytics, and Evaluation

7. Maintenance and Updates

Percentage of performance hours intended for the subcontract:

~27% of total contract performance hours ~25% of total contract performance hours

Total percentage of subcontractor performance hours:

PROPRIETY INFORMATION Page 19

Fundamental to our approach, the differentiators below make the Full Value Agriculture Team uniquely qualified to support and collaborate with NDWEE to design and implement the ONE RED Ag Program for Nebraska.

What Differentiates the Full Value Agriculture Team that Drives Value

PROPRIETY INFORMATION Page 20

2.b. Proposed Development Approach The Full Value Agriculture Team

We have crafted this approach through our team’s combined experience in environmental and agricultural data infrastructure and administering over 150 projects and administered $2+ billion of funds for the State of Nebraska. We will be thoughtful in our deployment of this approach to enable right-sized collaboration with NDWEE and flexibility as EPA’s requirements mature and to incorporate the State of Nebraska’s input into the design and implementation of the ONE RED Ag program.

Figure 2 - Core Capability Areas

2.b.1

This program depends on a secure, efficient technology foundation that can store CI score data, enable approved third-party uploads via an application programming interface (API), capture producer consent, and support incentives and grant workflows with high availability.

PROPRIETY INFORMATION Page 23

Table 15:

2.b.3

RFP 124065 O5

PROPRIETY INFORMATION Page 26

2.d. Detailed project work plan; including milestones and associated timeframes The Full Value Agriculture Team has developed an integrated roadmap for designing, deploying, adopting, and operating NDWEE’s Carbon Intensity (CI) Data Bank and Precision/Regenerative Agriculture Grants Digital Interface, and program operations.

Figure 7 - Program Workplan

RFP 124065 O5

PROPRIETY INFORMATION Page 27

2.d.1

Table 16:

RFP 124065 O5

PROPRIETY INFORMATION Page 28

2.d.2

Table 17:

PROPRIETY INFORMATION Page 29

2.d.3

Table 18:

RFP 124065 O5

PROPRIETY INFORMATION Page 30

2.d.4

Table 19:

Conclusion

PROPRIETY INFORMATION Page 31

PROPRIETY INFORMATION Page 34

3.b. Project Assumptions Program Management

Technology Deployment

RFP 124065 O5

PROPRIETY INFORMATION Page 35

General

RFP 124065 05

Experience that Matters

• Digital Government

Transformation

Leadership

• Statewide Citizen &

Business Portals

• Program & Product

Ownership

• Agile Delivery & Go-Live

Orchestration -Live

Orchestration

• Platform Modernization

& Operating Models

• Federal & State Grants and Assistance

Programs

Education

Louisiana State University, MBA, International

Business

University of Central

Florida, B.S., Business

Administration, Concentration in Real

Estate

Certifications

Project Management

Professional (PMP}

PROPRIETY INFORMATION

Overview

Relevant & Related Program Experience

Deloitte Consulting LLP

References

Page40

RFP 124065 O5

PROPRIETY INFORMATION Page 47

3.d. Letters of Support

PROPRIETY INFORMATION Page 48

PROPRIETY INFORMATION Page 49

PROPRIETY INFORMATION Page 50

PROPRIETY INFORMATION Page 51

PROPRIETY INFORMATION Page 52

PROPRIETY INFORMATION Page 53

PROPRIETY INFORMATION Page 54

RFP 124065 O5

PROPRIETY INFORMATION Page 55

3.e.

PROPRIETY INFORMATION Page 56

SPB Form 22 | RFP Template | Effective 12162024

II. TERMS AND CONDITIONS

Bidder should read the Terms and Conditions within this section and must initial either “Accept All Terms and Conditions Within Section as Written” or “Exceptions Taken to Terms and Conditions Within Section as Written” in the table below. If exception is not taken to a provision, it is deemed accepted as stated. If the bidder takes any exceptions, they must provide the following within the “Exceptions” field of the table below (Bidder may provide responses in separate attachment if multiple exceptions are taken):

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

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

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

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

Accept All Terms and Conditions

Within Section as

Written (Initial)

Exceptions Taken to

Terms and Conditions

Within Section as

Written (Initial)

Exceptions:

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

THR Section A. GENERAL: We request that Contractor’s proposal be above the RFP in the order of precedence. Also, note that we changed the order of incorporated documents to match the order of precedence in the paragraph below. Additionally, we would like to discuss the order of precedence for any Work Order Agreements.

Section E. BEGINNING OF WORK & SUSPENSION OF SERVICES: With regard to any sections that reference suspension, we would like to clarify that any such suspension is a change and as such we request it be subject to the change process.

For example, a suspension can impact the project schedule or flow and/or render key personnel unavailable upon resumption.

Section G. CHANGE ORDERS OR SUBSTITUTIONS: Edits to ensure the change order process is mutual and agreed to by both State and Contractor.

Section I. NOTICE OF POTENTIAL VENDOR BREACH: If Contractor encounters issues or expected or actual delays, it will notify of the same.

Section J. BREACH: Substitute language proposed below for breach as well as a reasonable, commercially standard limitation on Contractor’s liability.

Section M. INDEMINIFICATION: We propose that reasonable, commercially standard parameters be placed around our indemnification obligations.

Section N. ATTORNEY'S FEES: Clarification proposed below.

Section T. CONTRACT CLOSEOUT: Edit provided below to clarify that those paid for should be owned by the State, and to allow the parties to negotiate and agree on fair termination fees in the event of e.g., managed services for which their will be already sunk costs.

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

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

1. If only one (1) Party has a particular clause, then that clause shall control,

2. If both Parties have a similar clause, but the clauses do not conflict, the clauses shall be read together,

3. If both Parties have a similar clause, but the clauses conflict, the State’s clause shall control.

A. GENERAL

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

a. Amendments to the Contract. (if appliable);

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

c. Bidders properly submitted solicitation response, including any terms and conditions or agreements submitted by the bidder;

a.d. Solicitation, including any attachments and addenda; and b.e. Questions and Answers;

c. Bidders properly submitted solicitation response, including any terms and conditions or agreements submitted by the bidder;

d. Addendum to Contract Award (if applicable); and e.f. Amendments to the Contract. (if applicable)

These documents constitute the entirety of the contract.

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

2) Executed Contract and any attached Addenda 3) the Vendor’s submitted solicitation response, including any terms and conditions or agreements that are accepted by the State; 4) Addendums to the solicitation and any Questions and Answers, and 45) the original solicitation document and any Addenda or attachments, and 5) the Vendor’s submitted solicitation response, including any terms and conditions or agreements that are accepted by the State.

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

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

B. NOTIFICATION

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

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

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

C. BUYER’S REPRESENTATIVE

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

D. GOVERNING LAW (Nonnegotiable) Notwithstanding any other provision of this contract, or any amendment or addendum(s) entered into contemporaneously or at a later time, the parties understand and agree that, (1) the State of Nebraska is a sovereign state and its authority to contract is therefore subject to limitation by the State’s Constitution, statutes, common law, and regulation; (2) this contract will be interpreted and enforced under the laws of the State of Nebraska; (3) any action to enforce the provisions of this agreement must be brought in the State of Nebraska per state law; (4) the person signing this contract on behalf of the State of Nebraska does not have the authority to waive the State's sovereign immunity, statutes, common law, or regulations; (5) the indemnity, limitation of liability, remedy, and other similar provisions of the final contract, if any, are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity; and, (6) all terms and conditions of the final contract, including but not limited to the clauses concerning third party use, licenses, warranties, limitations of liability, governing law and venue, usage verification, indemnity, liability, remedy or other similar provisions of the final contract are entered into specifically subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity.

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

E. BEGINNING OF WORK & SUSPENSION OF SERVICES

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

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

F. AMENDMENT

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

G. CHANGE ORDERS OR SUBSTITUTIONS

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

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

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

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

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

H. RECORD OF VENDOR PERFORMANCE

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

The State may also document the Vendor’s performance in a report, which may or may not be provided to the vendor (“Contract Non-Compliance Notice”). The Vendor shall respond to any Contract Compliance Request or Contract Non-Compliance Notice in accordance with such notice or request. At the sole discretion of the State, such Contract Compliance Requests and Contract Non-Compliance Notices may be placed in the State’s records regarding the vendor and may be considered by the State and held against the vendor in any future contract or award opportunity.

The record of vendor performance will be considered in any suspension or debarment action.

I. NOTICE OF POTENTIAL VENDOR BREACH

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

J. BREACH

Either Party may terminate the contract, in whole or in part, if the other Party breaches its duty to perform its obligations under the contract in a timely and proper manner. Termination requires written notice of default and a thirty

(30) calendar day (or longer at the non-breaching Party’s discretion considering the gravity and nature of the default) cure period. Said notice shall be delivered by email, delivery receipt requested; certified mail, return receipt requested;

or in person with proof of delivery. Allowing time to cure a failure or breach of contract does not waive the right to immediately terminate the contract for the same or different contract breach which may occur at a different time if found incurable or pursuant to the State’s other termination rights under this contract.

The State’s failure to make payment shall not be a breach, and the Vendor shall retain all available statutory remedies.

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

K. NON-WAIVER OF BREACH

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

L. SEVERABILITY

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

M. INDEMNIFICATION

1. GENERAL

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

2. INTELLECTUAL PROPERTY

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

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

3. PERSONNEL

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

4. SELF-INSURANCE

The State of Nebraska is self-insured for any loss and purchases excess insurance…