Interpretation & Translation RFQ.docx

State of Nebraska Department of Health and Human Services

REQUEST FOR QUALIFICATION FOR CONTRACTUAL SERVICES

RETURN TO:

DHHS: Central Procurement Services

PO BOX 94926

Lincoln, NE 68509

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Health and Human Services (DHHS), is issuing this Request for Qualification (RFQ) Number 103325-O3 for the purpose of selecting qualified Contractors to provide interpretating and translation services.

The term of the contract will be from date of award through October 10, 2025. 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 QUALIFICATION CAN BE FOUND ON THE INTERNET AT: http://das.nebraska.gov/materiel/purchase_bureau/vendor/agency-rfp.html#Agency_Info

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 RFQ, and the successful bidder’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 RFQ will be posted to the State Purchasing Bureau public website.

These postings will include the entire proposal or response. Bidders 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 container or envelope marked conspicuously in black ink with the words "PROPRIETARY INFORMATION". The bidder must submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992) THE BIDDER MAY NOT ASSERT THAT THE ENTIRE PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will 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 agency determines it is required to release proprietary information, the bidder will be informed. It will be the bidder's responsibility to defend the bidder's asserted interest in non-disclosure.

To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, proposal, or response to this RFQ 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 RFQ, specifically waives any copyright or other protection the contract, proposal, or response to the RFQ 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 RFQ, and award of a contract. Failure to agree to the reservation and waiver will result in the proposal or response to the RFQ being found non-responsive and rejected.

Any entity awarded a contract or submitting a proposal or response to the RFQ agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the proposals and responses to the RFQ, awards, and other documents.

TABLE OF CONTENTS

iii

SPB RFQ | 12/14/2017

PROJECT DESCRIPTION AND SCOPE OF WORK

A. PROJECT OVERVIEW

The State of Nebraska seeks to prequalify a pool of Contractors able to provide interpreting and translation services for the Department of Health and Human Services (DHHS). The Contractors will provide language translation and/or interpretation services for DHHS. These services may include translation and/or interpretation for or on behalf of DHHS program clients and/or providers (hereinafter collectively “clients”).

DHHS requires that individials or firms submit a response to this RFQ for DHHS approval in order to become a qualified Contractor. Individuals or firms may submit a response to this RFQ during the entire Contract period for qualification approval.

DHHS will request a quote from the pool of qualified Contractors for each interpretation or translation need according to the process described in Section II. Bid Process.

B. SCOPE OF WORK

1. Provide proficient, clear, and accurate verbal and written translation and/or interpretation services from English into language which Contractor is proficient, and from said language[s] into English. All translation and interpretation shall be as exact as possible, and include translation and/or interpretation of verbal questions, answers, and statements made by anyone present or involved in conversations with DHHS and clients.

a. Translation and interpretation services shall also follow all requirements set forth in Service Attachment A – No Medicaid Funds and Service Attachment B – Medicaid Funds; and

b. Said services must be provided in accordance with all applicable state and federal laws, including but not limited to: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.; the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; the Rehabilitation Act of 1973, 29 U.S.C. §§ 794 et seq.; Executive Order 13166; and all policy guidelines from the Office of Civil Rights.

2. Be physically present to provide translation and/or interpretation, unless DHHS specifically requests otherwise.

a. Contractor shall travel to a location designated by DHHS to provide face-to-face interpretation and/or translation, including but not limited to DHHS offices and 24-hour facilities, provider offices, or the homes of clients.

b. Verbal interpretation services not provided in person shall be provided via telephone. If required, DHHS will provide a conference line.

3. If written translation is requested by DHHS, provide written translation of another language in a format specified by DHHS.

4. Keep all communications made in performance of the interpretation and/or translation services under this contract confidential, as set forth herein and in any Service Attachment(s). All protected health information of any client or client shall be accorded the proper safeguards as provided in Section VII – DHHS HIPAA Busness Associate Agreement and in any Service Attachment(s).

5. If a license or certification is required by law to provide translation or interpretation services, Contractor must maintain said license or certification throughout the term of this contract.

a. Should Contractor lose such required certification at any time during the term of this contract, DHHS may immediately terminate a contract resulting from this RFQ;

b. No payments shall be made by DHHS for any services performed by Contractor without a required current license or certification; and

c. If Contractor is translating or interpreting from English to American Sign Language (ASL), or from ASL to English, the duties set forth in this subsection include, but are not limited to, the legal requirements for ASL Interpretation in Nebraska, and those set by the Nebraska Commission for the Deaf and Hard of Hearing for licensure.

d. Contractor shall not commence work under this contract until all license or certification required hereunder has been provided to DHHS.

6. If the Contractor holds a license or certification, but is not required to do so by law, the Contractor shall provide DHHS with a current copy of any language certification(s), including but not limited to certification through the Nebraska Court System. Certification(s) shall be provided at the time of execution of this contract.

7. No services shall be provided by the Contractor until all background checks are completed and approved as provided herein. See Attachment 6 – DHHS Interpreter Release of Information.

C. DHHS RESPONSIBILITES

1. Request Contractor’s translation and/or interpretation services through the Bid Process as described in section II or an emergency interpretation and/or translation as described in section I.D.

2. For each translation and/or interpretation service, DHHS will indicate if Medicaid funds are being expended to determine which Service Attachment applies.

3. Provide a visitor identification badge for Contractor to wear while present at any DHHS facility.

4. DHHS may complete a satisfaction survey following the completion of an interpretation or translation job by the Contractor. The Contractor may be disqualified from receiving future bid requests or referrals if three (3) or more unsatisfactory surveys are completed. Any unsatisfactory survey result will be shared with the Contractor.

D. EMERGENCY INTERPRETATION AND/OR TRANSLATION

1. An emergency interpretation and/or translation service is one in which the need for an interpreter or translator becomes known within forty-eight (48) hours of the required service.

2. DHHS reserves the right to determine if an interpretation and/or translation service is an emergency for any reason, including but not limited to technical issues with the Bid Opportunities Board, a specific need for a client, no bids were received through the bid process, or any other reason deemed appropriate by DHHS.

3. In such cases, DHHS may bypass the bid process as described in section II and DHHS staff may directly contact qualified interpreters or translators from the Contractor Pool to schedule a date, time and place for services to take place.

4. Qualified Contractors who are contacted by DHHS for an emergency interpretation and/or translation service must quote a rate for the service. Rates shall be inclusive of all travel and personnel costs. DHHS will award the service to the Contractor who quotes the lowest rate.

E. PAYMENT STRUCTURE

1. The Contractor shall bill DHHS in a manner and format consistent with the provisions of this contract and any Service Attachment(s).

2. The Contractor shall ensure at minimum the following information is on each billing document:

a. Date of Invoice;

b. Contract Number;

c. The Contractor’s name, language, address and phone number;

d. The name of the referring DHHS staff person or Authorized Representative, phone number, office location and division of the referring DHHS staff person;

e. The DHHS client name, client ID number, address and phone number, or the event and/or group assisted with interpretation and/or translation services;

f. The date(s) that interpretation and/or translation services were provided to DHHS or the client;

g. The start time and end time that direct interpretation and/or translation services were provided;

h. The total number of billable hours that interpretation and/or translation services were provided for each scheduled in-person or telephonic session;

i. The type of interpretation and/or translation services provided (in-person face-to-face, telephonic, written material only);

j. The total amount due; and

k. The Contractor’s signature, printed name, and date of signature.

3. The Contractor shall submit a billing document by no later than the sixtieth (60th) calendar day following the month the service was completed. If this day falls on a weekend or holiday, the Contractor shall submit the billing document on or before the next business day. DHHS reserves the right to refuse payment for any initial request that is submitted later than the deadline set herein.

4. The Contractor is responsible for any and all costs associated with the production and delivery of services and billing documents.

5. Attachment 5 – Interpreter Billing Document includes an example of an acceptable billing document. Attachment 5 may be submitted to DHHS by the Contractor for billing purposes.

6. All billing documents shall be provided to the referring DHHS representative for approval and signature at the time of in-person service delivery or as soon as possible thereafter.

7. The completed billing document and supporting documentation shall be submitted to the DHHS Interpreter Billing Email Address at: dhhs.interpreterbilling@nebraska.gov.

8. Except as provided in section I.D, Emergency Interpretation and/or Translation, DHHS shall pay the Contractor as set forth in Service Attachment A – No Medicaid Funds and Service Attachment B – Medicaid Funds for translation or interpretation services. All rates shall be prorated for any fraction of an hour spent actually providing translation services. Increments of less than fifteen (15) minutes shall be rounded to the nearest fifteen (15) minute increment.

9. Unless explicitly specified otherwise in this contract or any Service Attachment(s), hourly rate shall only be paid for actual time served interpreting and/or translating for or on behalf of DHHS or clients. DHHS shall not pay for any other time, costs, or services rendered except as may be explicitly set forth in the Service Attachment(s).

10. Contractor shall not require, ask, accept or receive any additional compensation whatsoever from a client or anyone else for providing translation and/or interpretation services under this contract.

11. When DHHS determines that an overpayment was made to the Contractor, regardless of fault or circumstances, the Contractor shall pay the full amount due within ten (10) calendar days of the date of notification. If payment in full is not received within ten (10) calendar days, DHHS shall recover overpayments made to the Contractor by reducing future payment amounts by fifty percent (50%) until the overpayment debt has been paid in full.

12. Nothing in this RFQ guarantees a minimum number of requests for, or hours of, translation and/or interpretation services, except as may be specifically provided in the Service Attachment(s). All such services will be completed at the specific request of DHHS.

F. ANNUAL RENEWAL

1. Contractors who have been admitted into the Contractor Pool must submit an annual Renewal Application. The Renewal Application is due January 1 of each contract year.

a. The Renewal Application for individuals consists of the entirety of Attachment 2 - DHHS Interpreter Information Request – Individual.

b. The Renewal Application for firms consists of sections 1 through 4 of Attachment 3 - DHHS Interpreter Information Request – Firm.

2. Failure to submit a Renewal Application by the due date may result in the Contractor being removed from the Contractor Pool.

BID PROCESS

A. BID SUBMISSION

1. DHHS will post translation and/or interpretation services to the Bid Opportunities Board. The Bid Opportunities Board is available at http://dhhs.ne.gov/Pages/Grants-and-Contract-Opportunities.aspx. For each translation and/or interpretation service, DHHS will provide the following information:

a. Language

b. Date of service

c. Location of service

d. Due date and time of bid; at a minimum seventy-two (72) hours from the time of posting

e. Estimated length of time for service

f. Whether the service is recurring

g. Minimum level of proficiency

h. Any other requirements for the service, if applicable

2. To submit a bid for a particular translation and/or interpretation service, the Contractor must select the service on the Bid Opportunities Board.

3. In the subsequent Bid Page, the Contractor must provide the following information:

a. First and last name

b. Phone number

c. Email address

d. Rate per hour to be inclusive of all travel and personnel costs

e. Response to other requirements, if applicable

4. Upon submission of a bid, the Contractor will receive a confirmation email.

5. It is the sole responsibility of the Contractor to monitor the Bid Opportunities Board.

B. BID AWARD

1. DHHS will open and evaluate all submitted bids within three (3) State business days of the bid due date.

2. Evaluation will be based on:

a. Whether the bidder meets the minimum requirements identified in Bid Page; and

b. Cost with lowest price scoring the highest

3. After all bids have been evaluated and an award has been made, DHHS will contact the winning bidder confirming the date, time, location, and rate.

4. Bids received after the due date and time will be considered late bids. Late bids will not be opened or evaluated. DHHS is not responsible for proposals that are late or lost regardless of cause or fault.

PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The RFQ is designed to solicit proposals from qualified vendors who will be responsible for providing Interpreting and Translation services for DHHS at a competitive and reasonable cost. Proposals that do not conform to the mandatory items as indicated in the RFQ will not be considered.

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

In addition to the provisions of this RFQ, which shall be incorporated by reference in the contract, any additional clauses or provisions required by the terms and conditions will be included as an amendment to the Contract.

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

Procurement responsibilities related to this RFQ reside with DHHS Procurement. The point of contact (POC) for the procurement is as follows:

From the date the RFQ is issued until the Intent to Award is issued, communication from the Bidder is limited to the POC listed above. After the Intent to Award is issued, the Bidder may communicate with individuals the State has designated as responsible for negotiating the contract on behalf of the State. No member of the State Government, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this RFQ. The POC will issue any clarifications or opinions regarding this RFQ in writing. Only the buyer can modify the RFQ, answer questions, render opinions, and only DHHS can award a contract. Bidders shall not have any communication with, or attempt to communicate or influence any evaluator involved in this RFQ.

The following exceptions to these restrictions are permitted:

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

C. QUALIFICATION REQUIREMENTS - INDIVIDUAL

The proposals will first be examined to determine if all requirements listed below have been addressed and whether further evaluation is warranted. Proposals not meeting the requirements may be rejected as non-responsive. If the bidder is an individual, the bidder should provide the following information in response to this RFQ:

1. Attachment 1 - Request for Qualification for Contractual Services Form

2. Attachment 2 – DHHS Interpreter Information Request - Individual

3. Proof of insurance per section V.G

4. If applicable, copy of licensure or certification per sections I.B.5 and I.B.6

5. Complete Sections IV through IV

6. Complete a Vendor Application, if not already a registered vendor with the State of Nebraska

D. QUALIFICATION REQUIREMENTS – FIRM

The proposals will first be examined to determine if all requirements listed below have been addressed and whether further evaluation is warranted. Proposals not meeting the requirements may be rejected as non-responsive. If the bidder is a frim, the bidder should provide the following information in response to this RFQ:

1. Attachment 1 - Request for Qualification for Contractual Services Form

2. Attachment 3 – DHHS Interpreter Information Request - Firm

3. Proof of insurance per section V.H

4. If applicable, copy of licensure or certification per sections I.B.5 and I.B.6

5. Complete sections IV through VI

6. Complete a Vendor Application, if not already a registered vendor with the State of Nebraska

E. SCHEDULE OF EVENTS

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

http://das.nebraska.gov/materiel/purchase_bureau/vendor/agency-rfp.html December 30, 2019

F. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any RFQ provision must be submitted in writing to the State Purchasing Bureau and clearly marked “RFQ Number 103325-O3; Interpreting and Translation Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

It is preferred that questions be sent via e-mail to dhhs.rfpquestions@nebraska.gov, but may be delivered by hand or by U.S. Mail. It is recommended that Bidders submit questions using the following format.

Written answers will be posted at http://das.nebraska.gov/materiel/purchase_bureau/vendor/agency-rfp.html per the Schedule of Events.

G. PRICES

Contractor represents and warrants that all prices set forth in the contract and all prices in addition, which the Contractor may charge under the terms of the contract, do not and will not violate any existing federal, state, or municipal law or regulations concerning price discrimination and/or price fixing. Contractor agrees to hold the State harmless from any such violation.

The State reserves the right to add additional related services to the contract, if required, at any time during the contract to accommodate business needs.

The State reserves the right to deny any requested price increase. No price increases are to be billed to any State Agencies prior to written amendment of the contract by the parties.

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

I. ETHICS IN PUBLIC CONTRACTING

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

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 successful Bidder and their subcontractors.

J. DEVIATIONS FROM THE REQUEST FOR QUALIFICATIONS

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

K. SUBMISSION OF PROPOSALS

The following describes the requirements related to proposal submission, proposal handling, and review by the State.

To facilitate the proposal evaluation process, proposals shouls be submitted in one of the following methods:

1. One (1) electronic copy of the entire proposal submitted to dhhs.rfpquestions@nebraska.gov; or,

2. One (1) copy of the original proposal delivered via United States Postal Services (USPS) to DHHS Central Procurement Services, PO Box 94926, Lincoln, NE 68509; or,

3. One (1) copy of the original proposal hand delivered or delivered via Federal Express (FedEx), United Parcel Service (UPS), etc. to DHHS Central Procurement Services, 3rd Floor Reception Desk, 301 Centennial Mall S., Lincoln, NE 68509.

Proposals will be accepted throughout the life of the Contract. A separate sheet must be provided that clearly states which sections have been submitted as proprietary or have copyrighted materials. All proprietary information the bidder wishes the State to withhold must be submitted in accordance with the instructions outlined above. Proposals must reference the RFQ number and be sent to the specified address. Container(s) utilized for original documents should be clearly marked “ORIGINAL DOCUMENTS”. Please note that if the proposal is mailed, the address label should appear as specified above on the face of each container or bidder’s bid response packet. If a recipient phone number is required for delivery purposes, 402-471-0727 should be used. The RFQ number must be included in all correspondence.

Emphasis should be concentrated on conformance to the RFQ instructions, responsiveness to requirements, completeness and clarity of content. If the bidder’s proposal is presented in such a fashion that makes evaluation difficult or overly time consuming, it is likely that the proposal will be rejected.

L. BID PREPARATION COSTS

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

M. FAILURE TO COMPLY WITH REQUEST FOR QUALIFICATION

Violation of the terms and conditions contained in this RFQ 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:

N. EVALUATION COMMITTEE

Proposals are evaluated by members of an Evaluation Committee(s). The Evaluation Committee(s) will consist of individuals selected at the discretion of the State. Names of the members of the Evaluation Committee(s) will not be published prior to the intent to award.

Any contact, attempted contact, or attempt to influence an evaluator that is involved with this RFQ may result in the rejection of this proposal and further administrative actions.

O. EVALUATION OF PROPOSALS

All proposals that are responsive to the RFQ will be evaluated to verify if the bidder will be accepted into the Contractor Pool. The State will conduct a fair, impartial, and comprehensive evaluation of all proposals in accordance with the criteria set forth herein. Evaluation will be based on information provided in Attachment 4 – DHHS Interpreter Information Request – Individual or Attachment 5 – DHHS Interpreter Information Request – Firm, as applicable. To qualify for the Contractor Pool, Bidders must indicate an Interpretation Proficiency Level or Translation Proficiency Level of three (3) or higher as provided in Attachment 4 – Proficiency Levels.

If bidder qualifies for acceptance into the Contractor Pool, DHHS may request a Release of Information from the bidder in order to conduct a background check. See Attachment 6 – DHHS Interpreter Release of Information. Final acceptance into the Contractor Pool is contingent upon a satisfactory background check. DHHS may also request the bidder to attest to their eligibility to work in the United States.

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

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

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

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

P. REFERENCE AND CREDIT CHECKS

The State reserves the right to conduct and consider reference and credit checks. The State reserves the right to use third parties to conduct reference and credit checks. By submitting a proposal in response to this RFQ, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder’s clients. Reference and credit checks may be grounds to reject a proposal, withdraw an intent to award, or rescind the award of a contract.

Q. ESTABLISHMENT OF CONTRACTOR POOL

The State reserves the right to evaluate proposals and establish a Contractor pool in a manner utilizing criteria selected at the State's discretion and in the State’s best interest. After evaluation of the proposals, or at any point in the RFQ process, the State of Nebraska may take one (1) or more of the following actions:

The RFQ does not commit the State to award a contract to perform any services but only serves notice as a desire to be considered for requests for quotes. Once a Contractor pool has been determined, it will be posted to the Internet at:

http://das.nebraska.gov/materiel/purchase_bureau/vendor/agency-rfp.html

Throughout the term of the RFQ, the Contractor shall be responsible for notifying the State of changes to their contact information, as well as sending the State written notification requesting they no longer be included in the Contractor Pool. The State shall not be held responsible for a Contractor not receiving communications due to a Contractor neglecting to notify the State with updated contact information.

Grievance and protest procedure is available on the Internet at:

http://dhhs.ne.gov/Documents/DHHS%20Grievance%20Protest%20Procedures%20for%20Vendors%2020180320.pdf#search=protest

Any protests of the rejection of a bidder’s proposal to join the Contractor pool must be filed by a bidder within ten (10) business days after the intent to award decision is posted to the Internet.

TERMS AND CONDITIONS

Bidders should complete Sections IV through VI as part of their proposal. Bidder is expected to read the Terms and Conditions and should initial either accept, reject, or reject and provide alternative language for each clause. The bidder should also provide an explanation of why the bidder rejected the clause or rejected the clause and provided alternate language. By signing the RFQ, bidder is agreeing to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the proposal. 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 proposal. The State of Nebraska is soliciting proposals in response to this RFQ. The State of Nebraska reserves the right to reject proposals that attempt to substitute the bidder’s commercial contracts and/or documents for this RFQ.

The bidders should submit with their proposal any license, certification, or similar documents that the bidder wants incorporated in the Contract. The State will not consider incorporation of any document not submitted with the bidder’s proposal 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 have been negotiated and agreed to, the Addendum to Contract Award shall be interpreted as follows:

1. If only one 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

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

1. Amendment to Contract Award with the most recent dated amendment having the highest priority;

2. Contract Award and any attached Addenda;

3. Bidder’s response (RFQ and properly submitted documents);

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) Amendments to RFQ and any Questions and Answers, 4) the original RFQ 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.

B. NOTIFICATION

Contractor 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 or mailed, by U.S. Mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth below, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or five (5) calendar days following deposit in the mail.

Contractor Contract Manager

Contractor

Contractor Street Address

Contractor City, State, Zip

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. GOVERNING LAW (Statutory) 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.

D. BEGINNING OF WORK

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

E. CHANGE ORDERS

The State and the Contractor, upon the written agreement, may make changes to the contract within the general scope of the RFQ. 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 Contractor may not claim forfeiture of the contract by reasons of such changes.

The Contractor 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 Contractor 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 Contractor’s proposal, were foreseeable, or result from difficulties with or failure of the Contractor’s proposal or performance.

No change shall be implemented by the Contractor 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.

F. NOTICE OF POTENTIAL CONTRACTOR BREACH

If Contractor breaches the contract or anticipates breaching the contract, the Contractor shall immediately give written notice to the State. The notice shall explain the breach or potential breach, a proposed cure, and may include a request for a waiver of the breach if so desired. The State may, in its discretion, temporarily or permanently waive the breach. 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.

G. 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 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. In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

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

H. 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.

I. 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.

J. INDEMNIFICATION

1. GENERAL

The Contractor 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 injury, death, or property loss or damage, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Contractor, its employees, subcontractors, consultants, representatives, and agents, resulting from this contract, except to the extent such…