INCORPORATION

This contract and the following documents constitute the entirety of the contract:

1. Request for Proposal and Addenda;

2. Amendments to the solicitation;

3. Questions and Answers;

4. Contractor’s proposal (Solicitation and properly submitted documents);

5. The executed Contract and Addendum One to Contract, if applicable; and, Amendments/Addendums to the Contract

ORDER OF PRECEDENCE

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) Amendments to solicitation and any Questions and Answers, 4) the original solicitation document and any Addenda, and 5) the Contractor’s submitted Proposal. 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.

DELIVERABLES/CONTRACT LINE ITEMS:

Contract pricing consist of the following:

1. Contract price shall be a monthly base cost for janitorial services, as described in RFP #R307-20 for core duties completed twice weekly and weekly.

2. Contract price shall be a unit cost per occurrence for core duties completed quarterly as described in

RFP# R307-20.

3. Contract price for an hourly rate per custodian for additional janitorial duties outside of the scheduled work as described in RFP #R307-20.

DISTRICT ONE - NEBRASKA CITY TRUCK INSPECTION AND WEIGH STATION

Approximate Cleanable Square Footage:

1,170 SF Floor Surface

1. MONTHLY COST:

$ 1,186.56

ANNUAL COST:

$ 14,238.76

Line items 1 and 2

1. CORE DUTIES COMPLETED TWO TIMES A WEEK; MONDAY & THURSDAY, 8:00 A.M. TO 4:00 P.M.

(UNLESS OTHERWISE INDICATED):

a. Dust all surfaces, but not limited to tables, desks, file cabinets, bookcases, chairs, window sills, counter tops and counter base ledges with furniture polish.

b. Clean computer screens, TV screens, and keyboards.

c. Empty all waste receptacles including the waste receptacles in the rest rooms and damp wipe and change liners. Liners will be kept in the storage room. Contractor shall be responsible to notify the Scale Sergeant or their designee in writing when supplies are low.

d. Remove trash from building to dumpsters.

e Scrub all trash bins and recycle containers.

f. Spot clean all door surfaces, door handles, external and internal door partition glass, glass topped desks and tables to remove smudges and finger prints.

g. Clean light switch plates, and the wall surfaces around the light switch plates to remove finger prints and smudges.

h. Clean all road tar, grease, and/or scuffs from all floors.

i. Dust mop and damp mop (with clean water and appropriate cleaner) all hard surface floors in the building, including all the public area of the building (driver area in front of the counter).

j. Vacuum all carpet entryway areas floor mats and spot clean all stains.

k. Clean all sinks and counter tops.

l. Clean rest rooms, including all fixtures, soap and paper towel dispensers, stools, mirrors, sinks and wall areas around the sinks with germicidal cleaner.

m. Clean the inside/outside and rim of the toilet bowl(s) with a toilet brush and disinfectant.

n. Sweep and wet mop rest room floors with an appropriate cleaner.

o. Scrub the floor around the toilets with appropriate cleaner.

p. Replenish the toilet paper holders, paper towel holders and hand soap dispenser. Toilet paper, paper towels and hand soap shall be furnished by the NDOR and stored in the janitorial closet. Contractor shall be responsible to notify the Scale Sergeant or their designee in writing when supplies are low.

q. Maintain storage room in a clean, neat and orderly fashion

r. Complete sign-in/checklist sheet located in the storage room. Information required on the sign-in/checklist sheet includes the signature of the Contractor’s employee and date the facility was cleaned (see Attachment B – Sign-In/Checklist Sheet)

2. Core Duties Completed One (1) Time A Week; On the Same Day Every Week, Excluding State Holidays, Between The Hours Of 8:00 A.M. AND 5:00 P.M. (UNLESS OTHERWISE INDICATED)

a. Remove cobwebs from the ceiling, walls and doorways.

b. Clean telephones to remove ink stains, hand prints, etc.

c. Thoroughly clean inside and outside of microwave

d. Complete sign-in/checklist sheet located in the storage room. Information required on the sign-in/checklist sheet includes the signature of the Contractor’s employee and the date the facility was cleaned (see Attachment B – Sign-In/Checklist Sheet).

3.

Core Duties completed once quarterly between the hours of 8:00 A.M. AND 5:00 P.M. During the first week of January, April, July and October (UNLESS

OTHERWISE INDICATED):

UOM RATE

a. Mechanically scrub floors and wet mop to remove dislodged debris. Per Occurrence $ 416.75

b. Remove dirt, and scuff mark build up from baseboards. Per Occurrence $ 127.34

c. Wash interior and exterior windows, including entry way. Per Occurrence $ 272.04

d. Clean all wall surfaces to remove finger prints, smudges, and other contaminants. Per Occurrence $ 127.34

e. Remove bugs and debris from light fixtures. Per Occurrence $ 81.04 f.

Complete sign-in/checklist sheet located in the storage room. Information required on the sign-in/checklist sheet includes the signature of the Contractor’s employee and the date the facility was cleaned (see Attachment B – Sign- In/Checklist Sheet).

Per Occurrence $ 00.00

4. CONTACT PRICE UOM RATE

a.

Contract price shall be for the unit cost of an hourly rate per custodian for additional janitorial duties outside of the scheduled work as described in RFP #R307-20

Hourly Rate Per Custodian $ 46.31

ANNUAL CONTRACT AMOUNT: $ 18,336.82

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STATE OF NEBRASKA ADDENDUM, QUESTIONS and ANSWERS 09/23/2015

ADDENDUM ONE

Date: February 02, 2021

To: All Bidders

From: Gayle Dietz, Buyer III

Nebraska Department of Transportation

RE: Addendum for Request for Proposal Number R307-20, District 1 Nebraska City

Truck Inspection and Weigh Station Janitorial Services

Questions and Answers

Following are the questions submitted and answers provided for the above mentioned Request for Proposal. The questions and answers are to be considered as part of the Request for Proposal. It is the Bidder’s responsibility to check the Nebraska Department of Transportation website for all addenda or amendments.

There were No Questions submitted for RFP # R307-20.

This addendum will become part of the proposal and should be acknowledged with the Request for Proposal.

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NEBRASKA DEPARTMENT

OF TRANSPORTATION

BID TABULATION RFP #R307-20

D1 JANITORIAL SERVICES

LI

N

E

DESCRIPTION BID PRICE ANNUAL COST

1 & 2 MONTHLY COST: for duties as specified in RFP #R307-20 $1,025.00 $12,300.00

3 QUARTERLY DUTIES-4 Times a Year (Cost per Occurrence): as specified in RFP #R307-20. $885.00 $3,540.00

ESTIMATED TOTAL: $15,840.00

Bid Opening: 02/09/21, 3:00 P.M. CDT

BIDDERS

Executive Janitorial CorporationDistrict 1 Nebraska City Truck Inspection and Weigh Station Janitorial Services

STATE OF NEBRASKA INTENT TO AWARD LETTER 08/25/2014

NOTIFICATION OF INTENT TO AWARD

Date: February 10, 2021

To: All Vendors

From: Gayle Dietz, Buyer III

Nebraska Department of Transportation

Subject: RFP Number R307-20

This is to notify all vendors who responded to the above-referenced Request for Proposal that the Nebraska Department of Transportation intends to award the contract for District 1 Nebraska City Truck Inspection and Weigh Station Janitorial Services to the following Contractor:

Executive Janitorial Corporation

Thank you for your interest in doing business with the State of Nebraska.

STATE OF NEBRASKA LIST OF RESPONDENTS 08/25/2014

LIST OF RESPONDENTS

REQUEST FOR PROPOSAL NUMBER R307-20

JANITORIAL SERVICES-DISTRICT 1

Proposal Opening: February 09, 2021, 3:00 P.M. CDT

Proposals were submitted by the following:

Executive Janitorial Corporation

State of Nebraska Department of Transportation

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

RETURN TO:

NE Department of Transportation Operations Division PO Box 94759 Lincoln, NE 68509-4759 402-479-4356 or 402-479-4350

SOLICITATION NUMBER RELEASE DATE

RFP #R307-20 January 13, 2021

OPENING DATE AND TIME PROCUREMENT CONTACT

February 09, 2021 3:00 p.m. Central Time Gayle Dietz

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Transportation (NDOT), is issuing this Request for Proposal (RFP) Number R307-20 for the purpose of selecting a qualified Contractor to provide District 1 Nebraska City Truck Inspection and Weight Station Janitorial Services. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar services from other sources now or in the future.

The term of the contract will be one (1) year commencing upon execution of the contract by the State and the Contractor. The Contract includes the option to renew for five (5) additional one (1) year periods upon mutual agreement of the Parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

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

http://dot.nebraska.gov/business-center/business-opp/procure-service-opp/.

A Mandatory Pre-Proposal Conference will be held on January 26, 2021. Location of the facility and a detailed schedule may be found in Section I.C. Schedule of Events.

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, State contracts in effect as of January 1, 2014, and contracts entered into thereafter, must be posted to a public website. The resulting contract, the solicitation, and the successful contractor’s proposal or response will be posted to a public website managed by DAS, which can be found at http://statecontracts.nebraska.gov.

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

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

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

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

Any entity awarded a contract or submitting a proposal or response to the solicitation agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected

RFP Boilerplate | 07012019 ii and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the proposals and responses to the solicitation, awards, and other documents.

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TABLE OF CONTENTS

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

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

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

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

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

E. PRE-PROPOSAL CONFERENCE

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

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

H. ETHICS IN PUBLIC CONTRACTING

I. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

J. SUBMISSION OF PROPOSALS

K. PROPOSAL PREPARATION COSTS

L. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

M. PROPOSAL CORRECTIONS

N. LATE PROPOSALS

O. PROPOSAL OPENING

P. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS

Q. EVALUATION OF PROPOSALS

R. BEST AND FINAL OFFER

S. REFERENCE AND CREDIT CHECKS

T. AWARD

U. ALTERNATE/EQUIVALENT PROPOSALS

V. LUMP SUM OR ”ALL OR NONE” PROPOSALS

W. EMAIL SUBMISSIONS

X. REJECTION OF PROPOSALS

Y. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. NOTICE (POC)

D. GOVERNING LAW (Statutory)

E. BEGINNING OF WORK

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. VENDOR PERFORMANCE REPORT(S)

I. NOTICE OF POTENTIAL CONTRACTOR BREACH

J. BREACH

K. NON-WAIVER OF BREACH

L. SEVERABILITY

M. INDEMNIFICATION

N. ATTORNEY'S FEES

P. ASSIGNMENT, SALE, OR MERGER

Q. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE 11

R. FORCE MAJEURE

S. CONFIDENTIALITY

T. EARLY TERMINATION

U. CONTRACT CLOSEOUT

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III. CONTRACTOR DUTIES

A. INDEPENDENT CONTRACTOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Statutory)

D. COOPERATION WITH OTHER CONTRACTORS

E. DISCOUNTS

F. PRICES

G. COST CLARIFICATION

H. PERMITS, REGULATIONS, LAWS

I. INSURANCE REQUIREMENTS

J. NOTICE OF POTENTIAL CONTRACTOR BREACH

K. ANTITRUST

L. CONFLICT OF INTEREST

M. STATE PROPERTY

N. SITE RULES AND REGULATIONS

O. ADVERTISING

P. DISASTER RECOVERY/BACK UP PLAN

Q. DRUG POLICY

R. WARRANTY

IV. PAYMENT

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

C. INVOICES

D. INSPECTION AND APPROVAL

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

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A. SCOPE OF WORK

B. EMPLOYEES

C. CRIMINAL BACKGROUND INVESTIGATION POLICY

D. FACILITY SECURITY

E. EQUIPMENT AND SUPPLIES

F. WORK PLAN AND SCHEDULE

G. FACILITY SUMMARY: NEBRASKA CITY INSPECTION AND WEIGHT STATION

H. WORK SCHEDULE

I. PROPOSAL PRICING

J. DELIVERABLES

Form A Contractor Proposal Point of Contact

Form B Notification of Intent to Attend Pre-Proposal Conference

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

RFP Boilerplate | 07012019 v

RFP Boilerplate | 07012019 vi

GLOSSARY OF TERMS

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

Addendum: Something to be added or deleted to an existing document; a supplement.

After Receipt of Order (ARO): After Receipt of Order

Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any other office or agency established by the Constitution of Nebraska.

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

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

Amendment: A written correction or alteration to a document.

Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use.

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

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

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

Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the contractor will not withdraw the bid.

Bidder: A contractor who submits a proposal in response to a written solicitation.

Breach: Violation of a contractual obligation by failing to perform or repudiation of one’s own promise.

Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.

Business Day: Any weekday, except State-recognized holidays.

Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays.

Cancellation: To call off or revoke a purchase order without expectation of conducting or performing it at a later time.

Central Processing Unit (CPU): Any computer or computer system that is used by the State to store, process, or retrieve data or perform other functions using Operating Systems and applications software.

Change Order: Document that provides amendments to an executed purchase order or contract.

Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or unlawful purpose.

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

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

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

Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires

RFP Boilerplate | 07012019 vii identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive.

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

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

Contract Award: Occurs upon execution of the State document titled “Service Contract Award” by the proper authority.

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

Contract Period: The duration of the contract.

Contractor: An individual or entity lawfully conducting business in the State, or licensed to do so, who seeks to provide goods or services under the terms of a written solicitation.

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

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

Critical Program Error: Any Program Error, whether or not known to the State, which prohibits or significantly impairs use of the Licensed Software as set forth in the documentation and intended in the contract.

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

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

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

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

Evaluation Committee: Committee(s) appointed by the requesting agency that advises and assists the procuring office in the evaluation of proposals (offers made in response to written solicitations).

Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original Contract Period. Not to be confused with “Renewal Period”.

Free on Board (F.O.B.) Destination: The delivery charges are included in the quoted price and prepaid by the contractor.

Contractor is responsible for all claims associated with damages during delivery of product.

Free on Board (F.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.

Installation Date: The date when the procedures described in “Installation by Contractor“, 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.

Invalid Proposal: A proposal that does not meet the requirements of the solicitation or cannot be evaluated against the other proposals.

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

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Licensed Software Documentation: The user manuals and any other materials in any form or medium customarily provided by the Contractor to the users of the Licensed Software which will provide the State with sufficient information to operate, diagnose, and maintain the Licensed Software properly, safely, and efficiently.

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

Module (see System): A collection of routines and data structures that perform a specific function of software.

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

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

Open Market Purchase: Authorization may be given to an agency to purchase items above direct purchase authority due to the unique nature, price, quantity, location of the using agency, or time limitations by the AS Materiel Division, State Purchasing Bureau.

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

Operating System: The control program in a computer that provides the interface to the computer hardware and peripheral devices, and the usage and allocation of memory resources, processor resources, input/output resources, and security resources.

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

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

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

Platform: A specific hardware and Operating System combination that is different from other hardware and Operating System combinations to the extent that a different version of the Licensed Software product is required to execute properly in the environment established by such hardware and Operating System combination.

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

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

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.

Program Error: Code in Licensed Software which produces unintended results or actions, or which produces results or actions other than those described in the specifications. A program error includes, without limitation, any Critical Program Error.

Program Set: The group of programs and products, including the Licensed Software specified in the solicitation, plus any additional programs and products licensed by the State under the contract for use by the State.

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

Proposal: An offer, bid, or quote submitted by a contractor/vendor in a response to a written solicitation

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

Protest/Grievance: A complaint about a governmental action or decision related to a solicitation or resultant contract, brought by a contractor who has timely submitted a proposal response in connection with the award in question, to AS

RFP Boilerplate | 07012019 ix

Materiel Division or another designated agency with the intention of achieving a remedial result.

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

Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent utilized by the State as recommended by the Contractor.

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

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

Request for Information (RFI): A general invitation to contractor’s requesting information for a potential future solicitation.

The RFI is typically used as a research and information gathering tool for preparation of a solicitation.

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

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

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

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

Should: Expected; suggested, but not necessarily mandatory.

Software License: Legal instrument with or without printed material that governs the use or redistribution of licensed software.

Sole Source – Commodity: When an item is available from only one source due to the unique nature of the requirement, its contractor, or market conditions.

Sole Source – Services: A service of such a unique nature that the contractor selected is clearly and justifiably the only practical source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required.

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

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

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

System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function, or is represented by the Contractor as functioning or being capable of functioning, as an entity.

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

Third Party: Any person or entity, including but not limited to fiduciaries, shareholders, owners, officers, managers, employees, legally disinterested persons, and sub-contractors 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 contractor to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office.

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

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

Vendor: Inclusive term for any Bidder or Contractor

Will: See Mandatory/Shall/Will/Must.

Work Day: See Business Day.

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ACRONYM LIST

ARO – After Receipt of Order

ACH – Automated Clearing House

BAFO – Best and Final Offer

COI – Certificate of Insurance

CPU – Central Processing Unit

DAS – Department of Administrative Services

EB – Eastbound

F.O.B. – Free on Board

ITB – Invitation to Bid

NDOT – Nebraska Department of Transportation

NIGP – National Institute for Governmental Purchasing

PA – Participating Addendum

RFI – Request for Information

RFP – Request for Proposal

SPB – State Purchasing Bureau

WB- Westbound

RFP Boilerplate | 07012019

1. PROCUREMENT PROCEDURE

a. GENERAL INFORMATION

The solicitation is designed to solicit proposals from qualified Contractor who will be responsible for providing District 1 Nebraska City Truck Inspection and Weight Station Janitorial Services at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Proposal instructions, and Cost Proposal Requirements may be found in Sections II through V.

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

b. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS Procurement responsibilities related to this solicitation reside with Nebraska Department of Transportation. The point of contact (POC) for the procurement is as follows:

Name: Gayle Dietz Agency: Nebraska Department of Transportation Mailing Address: PO Box 94759 Lincoln, NE 68509-4759 Physical Address: 5001 So. 14th Street, Bldg. #00101

Telephone: 402-479-4350

E-Mail: ndot.OperationsProcurement@nebraska.gov

From the date the solicitation is issued until the Intent to Award is issued, communication from the Contractor is limited to the POC listed above. After the Intent to Award is issued, the Contractor 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. Contractors 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:

Contact made pursuant to pre-existing contracts or obligations;

Contact required by the schedule of events or an event scheduled later by the solicitation POC; and Contact required for negotiation and execution of the final contract.

The State reserves the right to reject a contractor’s proposal, 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.

ACTIVITY DATE/TIME

1. Release Solicitation January 13, 2021

2. Last day to submit “Notification of Intent to Attend Pre-Proposal Conference” January 22, 2021

3. Mandatory Pre-Proposal Conference for District 1 Nebraska City Truck

Inspection and Weight Station Janitorial Services.

Location: Nebraska City Truck Inspection and Weight Station Nebraska Highway 2, Mile Post 501 3 Miles West of Nebraska City, NE

* Registration Advisement:

Proposals will only be accepted from those Companies/Firms which properly register their attendance at this meeting by completing all of the required information on the State Registration Sheet at EACH group of facilities the company/firm wishes to submit a proposal for.

January 26, 2021

9:00 A.M. CDT

4. Last day to submit written questions after Pre-Proposal Conference January 29, 2021

5. State responds to written questions through Solicitation “Addendum” and/or

“Amendment” to be…