NDOT CONTRACT AWARD REV. 10/2020

NEBRASKA DEPARTMENT OF TRANSPORTATION

SERVICE CONTRACT AWARD

Nebraska Department of Transportation Operations Division

PO Box 94759 Lincoln, NE 68509-4759

AN AWARD HAS BEEN MADE TO THE CONTRACTOR NAMED ABOVE FOR THE SERVICES LISTED FOR THE PERIOD:

March 01, 2025 THROUGH February 28, 2026

Renewals This contract may be renewed for five (5) additional one (1) year periods when mutually agreeable to the Contractor and the Nebraska Department of Transportation (NDOT).

Extension Period The State reserves the right and sole discretion to extend this contract beyond the expiration date.

Non-Exclusivity This contract is not an exclusive contract to furnish the services shown below and does not preclude the purchase of similar services from other sources.

Original Bid Document Request for Proposal (RFP) #R415-24.

Descript ion of Services Contractor shall be responsible for providing all labor, equipment, fuel, materials, and insurance to properly accomplish noxious weed spot spraying in accordance with schedules and requirements of the RFP, and as directed by NDOT at a bid price per hour.

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

1. Request for Proposal and Addenda;

2. Amendments to the RFP;

3. Questions and Answers;

4. Contractor’s proposal (RFP, response and properly submitted documents);

5. The executed contract; and,

6. 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) the executed contract, 3) the signed Contractor’s Proposal, 4) Amendments to RFP and any Questions and Answers, 5) the original RFP document and any Addenda. These documents constitute the entirety of the contract. Any ambiguity or conflict in the contract discovered after its execution, not otherwise addressed herein, shall be resolved in accordance with the rules of the contract interpretation as established in the State of Nebraska.

PAGES

CONTRACT NUMBER

KH2403 / 111686-O4

CONTRACTOR # / AB #

C338 / 2037932

BUYER

Dana Smith

CONTRACTOR NAME AND ADDRESS:

MIDWEST VEGETATION MANAGEMENT, LLC

222 NORTH MAPLE STREET

CHADRON, NEBRASKA 69337

VENDOR CONTACT INFORMATION DESCRIPTION OF SERVICE

Name: Jason Rust Phone: 720-883-7305 Cell: 720-883-7305 E-mail: jdrust@live.com

D4 ROW Noxious Weed Spot Spraying Services Areas 410 & 440

Docusign Envelope ID: 459A672E-E373-4ED0-9897-BE94F6A7830E

NDOT CONTRACT AWARD REV. 10/2020

Scope of Work The Contractor shall provide all labor, equipment, tools, water, materials, chemicals, and insurance to properly accomplish noxious weed spraying in accordance with schedules, requirements of the RFP, and at the direction of the Department of Transportation (NDOT). Each Maintenance Superintendent’s area shall be bid individually. Contractor may submit bids for one or multiple Maintenance Superintendent Areas. Contractor shall provide trained, experienced, and licensed operators/applicators to perform the work. Upon NDOT’s written request, the Contractor must furnish a copy of each operator’s/applicator’s license within five (5) business days. The services as specified in this request for proposal (RFP) shall be provided April 1st through October 31st. Refer to the websites below for the recommended application schedules.

http://extensionpubs.unl.edu/search/?keyword=noxious+weeds http://extensionpublications.unl.edu/assets/pdf/ec130.pdf

The Contractor shall provide an hourly bid price per manned spray unit on the Cost Proposal Bid Sheet. The hourly bid price per manned spray unit includes the following:

1. Manned spray unit is defined as a single vehicle equipped with a chemical tank, spraying apparatus, and herbicide used full time to spot spray noxious weeds and manned with one (1) trained, experienced, licensed operator/applicator.

2. Cost for the labor of the operator/applicator, materials, water, chemicals, and the sprayer unit provided by the Contractor to perform the work as specified in this RFP.

3. The Contractor will be paid a rate per hour per manned spray unit for spraying time only, which shall be tracked on Exhibit D – NDOT Noxious Weed Spot Spraying Report. The hourly rate will not begin until the operators/applicator and any necessary equipment/supplies are at the work site and ready to begin spot spraying and will cease when the operators/applicator(s) leaves the work site at the nearest quarter (1/4) hour.

More than one spray unit may be utilized concurrently by the Contractor to increase efficiency upon prior notification and approval by NDOT. Additional manned spot spraying units approved by NDOT shall be paid at the hourly bid price per manned spot spray unit as specified in this RFP. The Contractor shall be responsible for all expenses for any additional units for transporting water or additional personnel, travel time, water fill, or any other incidental items and at no additional cost to NDOT.

The parties have executed this contract as of the date of execution by both parties below:

03-13-2025 i SPB Form 22 | RFP Template | Effective 07192024

State of Nebraska Department of Transportation

REQUEST FOR PROPOSAL FOR SERVICES CONTRACT

SOLICITATION NUMBER RELEASE DATE

R415-24 November 18, 2024

OPENING DATE AND TIME PROCUREMENT CONTACT

December 13, 2024, 2:00 p.m. Central Time Dana Smith

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Transportation is issuing this solicitation for a service contract for the purpose of selecting a qualified bidder to provide Noxious Weed Spraying 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 Vendor (Parties). 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.

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

ALL INFORMATION PERTINENT TO THIS SOLICITATION CAN BE FOUND ON THE INTERNET AT: https://dot.nebraska.gov/business-center/business-opp/pre-maint/ .

In accordance with Nebraska State Statutes 39-1351 &39-1352, and Title 409 of the Nebraska Rules and Regulations; any person desiring to submit to the department a bid for the performance of this contract shall apply to the Department for prequalification not later than 5 days before the bid opening date of the Request for Proposal.

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 awarded solicitation response will be posted to a public website managed by DAS, which can be found at http://statecontracts.nebraska.gov and https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php.

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

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

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

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

Any entity awarded a contract or submitting a solicitation response agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation ii SPB Form 22 | RFP Template | Effective 07192024 costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or solicitation response, awards, and other documents.

iii SPB Form 22 | RFP Template | Effective 07192024

TABLE OF CONTENTS

REQUEST FOR PROPOSAL FOR SERVICES CONTRACT ..................................................................................................................... i GLOSSARY OF TERMS ............................................................................................................................................................................ v ACRONYM LIST ..................................................................................................................................................................................... viii

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

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

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE SOLICITATION

H. SUBMISSION OF SOLICITATION RESPONSES

I. SOLICITATION GUARANTEE BID BOND

J. SOLICITATION PREPARATION COSTS

K. FAILURE TO COMPLY WITH SOLICITATION

L. SOLICITATION RESPONSE CORRECTIONS

M. LATE SOLICITATION RESPONSES

N. BID OPENING

O. SOLICITATION REQUIREMENTS

P. EVALUATION OF SOLICITATION RESPONSES

Q. BEST AND FINAL OFFER

R. REFERENCE AND CREDIT CHECKS

S. AWARD

T. LUMP SUM OR “ALL OR NONE” SOLICITATION RESPONSES

U. REJECTION OF SOLICITATION RESPONSES

V. PRICES & COST CLARIFICATION

W. VENDOR DEMONSTRATIONS (OPTIONAL)

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. BUYER’S REPRESENTATIVE

D. GOVERNING LAW (Nonnegotiable)

E. BEGINNING OF WORK & SUSPENSION OF SERVICES

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. RECORD OF VENDOR PERFORMANCE

I. NOTICE OF POTENTIAL VENDOR BREACH

J. BREACH

K. NON-WAIVER OF BREACH

L. SEVERABILITY

M. INDEMNIFICATION

N. ATTORNEY'S FEES

O. PERFORMANCE BOND

P. ASSIGNMENT, SALE, OR MERGER

Q. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUBDIVISIONS OF THE STATE OR ANOTHER STATE

R. FORCE MAJEURE

S. CONFIDENTIALITY

T. EARLY TERMINATION

U. CONTRACT CLOSEOUT

V. AMERICANS WITH DISABILITIES ACT

III. VENDOR DUTIES

A. INDEPENDENT VENDOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

iv SPB Form 22 | RFP Template | Effective 07192024

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

D. COOPERATION WITH OTHER VENDORS

E. DISCOUNTS

F. PRICES

G. PERMITS, REGULATIONS, LAWS

H. OWNERSHIP OF INFORMATION AND DATA / DELIVERABLES (IF APPLICABLE)

I. INSURANCE REQUIREMENTS

J. ANTITRUST

K. CONFLICT OF INTEREST

L. STATE PROPERTY

M. SITE RULES AND REGULATIONS

N. ADVERTISING

O. DISASTER RECOVERY/BACK UP PLAN

P. DRUG POLICY

Q. WARRANTY

R. TIME IS OF THE ESSENCE

IV. PAYMENT

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

C. INVOICES

D. INSPECTION AND APPROVAL

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

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A. PROJECT OVERVIEW

B. SCOPE OF WORK

C. WORK PLAN

D. NOXIOUS WEED SPECIES

E. MISCELLANEOUS SPOT SPRAYING

F. CHEMICALS

G. EQUIPMENT AND SAFETY FEATURES

H. WEED SPOT SPRAYING PROCEDURES

I. ADDITIONAL MISCELLANEAOUS SPOT SPRAYING

J. QUALITY CONTROL AND REWORK

K. CONSERVATION CONDITIONS/ENVIRONMENTAL COMMITMENT AND HAZARDOUS WASTE SAFETY

L. DAMAGE TO HIGHWAY PROPERTY & PRESERVATION OF TREES

M. CONTRACTOR LIABILITY

N. PAYMENT SCHEDULE

O. DELIVERABLES

CONTRACTUAL AGREEMENT FORM

v SPB Form 22 | RFP Template | Effective 07192024

GLOSSARY OF TERMS

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

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

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

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

Amendment: A written correction or alteration to a document.

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

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

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

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

Bid: See Solicitation Response.

Bid 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.

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

Bidder: A Vendor who submits a Solicitation Response.

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

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

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

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

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

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

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

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

Confidential Information: See Proprietary Information.

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

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

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

vi SPB Form 22 | RFP Template | Effective 07192024

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 Vendor.

Contract Period: The duration of the contract.

Contractor: See Vendor.

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

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

Cost Sheet: Commodities or Services specifically listed within the solicitation for evaluation.

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

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

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

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”.

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 Vendor“ and “Installation by State” as found in the solicitation or contract are completed.

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

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

Mandatory: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

Must: See Shall.

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

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

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

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

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 Vendor fulfills any and all obligations under the contract.

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

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

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

vii SPB Form 22 | RFP Template | Effective 07192024

Proposal: See Solicitation Response.

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

Protest/Grievance:

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

Quote: See Solicitation Response.

Release Date: The date of public release of the solicitation.

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

Request for Proposal (RFP): See Solicitation.

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

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

Shall: An order/command; mandatory.

Should: Expected; suggested, but not necessarily mandatory.

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

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

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

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

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

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

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

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

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

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

Will: See Shall.

Work Day: See Business Day.

viii SPB Form 22 | RFP Template | Effective 07192024

ACRONYM LIST

ARO – After Receipt of Order

ACH – Automated Clearing House

BAFO – Best and Final Offer

COI – Certificate of Insurance

DAS – Department of Administrative Services

NDOT – Nebraska Department of Transportation

NIGP – National Institute for Governmental Purchasing

PA – Participating Addendum

RFP – Request for Proposal

SPB Form 22 | RFP Template | Effective 07192024

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

This solicitation is designed to solicit responses from qualified bidders who will be responsible for providing Noxious Weed Spraying Services at a competitive and reasonable cost.

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

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

Procurement responsibilities related to this solicitation reside with the Nebraska Department of Transportation. The point of contact (POC) for the procurement is as follows:

RFP Number: R415-24 Name: Dana Smith Agency: Nebraska Department of Transportation Operations Division Mailing Address: PO Box 94759 (USPS delivery) Lincoln, NE 68509-4759 Physical Address: 5001 S. 14th Street (all other deliveries) Lincoln, NE 68512 Telephone: (402) 479-4356 E-Mail: NDOT.ProcurementServices@nebraska.gov

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

The following exceptions to these restrictions are permitted:

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

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

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

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

C. SCHEDULE OF EVENTS

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

Schedule of Events

ACTIVITY DATE/TIME

1. Release solicitation November 18, 2024

2. Last day to submit written questions. November 25, 2024

3.

State responds to written questions through solicitation “Addendum” to be posted to the Internet at: https://dot.nebraska.gov/business-center/business-opp/pre-maint/

December 2, 2024

4.

Proposal Opening Location: Nebraska Department of Transportation Operations Division 5001 So. 14th Street Lincoln, NE 68512

December 13, 2024

2:00 PM

Central Time

5. Review for conformance to solicitation requirements December 16, 2024

6. Evaluation period December 17, 2024

7. Post “Notification of Intent to Award” to Internet at:

https://dot.nebraska.gov/business-center/business-opp/pre-maint/ December 18, 2024

8. Contract finalization period December 19-23, 2024

9. Contract award December 26, 2024

10. Vendor start date January 2, 2025

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any solicitation provision must be submitted in writing to the Nebraska Department of Transportation and clearly marked “Solicitation Number R415-24: Noxious Weed Spraying Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

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

Any solicitation response containing assumptions may be deemed non-responsive and may be rejected by the State. Solicitation responses will be evaluated without consideration of any known or unknown assumptions of a bidder. The contract will not incorporate any known or unknown assumptions of a bidder.

It is preferred that questions be sent via e-mail to NDOT.ProcurementServices@nebraska.gov but may be delivered by hand or by U.S. Mail. It is recommended that bidders submit questions using the following format:

RFP Section Reference

RFP Page Number Question

Written answers will be posted at https://dot.nebraska.gov/business-center/business-opp/pre-maint/ per the Schedule of Events.

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

https://das.nebraska.gov/materiel/docs/pdf/Individual%20or%20Sole%20Proprietor%20United%20States%20Attestation%20Form %20English%20and%20Spanish.pdf This should be accomplished prior to execution of the contract.

F. ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject solicitation responses, withdraw an intent to award or award, or terminate a contract if an ethical violation has been committed, which includes, but is not limited to:

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

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

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

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

5. Colluding with any person or entity to influence the bidding process, submit sham solicitation responses, preclude bidding, fix pricing or costs, create an unfair advantage, subvert the solicitation response, or prejudice the State.

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

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

G. DEVIATIONS FROM THE SOLICITATION

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

H. SUBMISSION OF SOLICITATION RESPONSES

Bidders should submit one (1) solicitation response marked on the first page: “ORIGINAL”. If multiple solicitation responses are submitted, the State will retain one (1) copy marked “ORIGINAL” and destroy the other copies. The bidder is solely responsible for any variance between the copies submitted. Solicitation responses must reference the solicitation number and be sent to the specified address. Please note that the address label should appear as specified in Section I B. on the face of each container or bidder’s solicitation response packet. If a recipient phone number is required for delivery purposes, (402) 479-4356 should be used. The solicitation number should be included in all correspondence. The State will not furnish packaging and sealing materials.

The solicitation and cost sheet posted on the NDOT website are informational and for viewing only. Solicitation proposal forms including the State issued bid bond and bidding documents to be used for bidding purposes will only be provided via email to bidders who are currently prequalified to bid in accordance with Nebraska State Statutes 39-1351 & 39-1352, and Title 409 of the Nebraska Rules and Regulations. The “Request for Bidding Proposal Form” must be completed, signed, and submitted with the Nebraska Department of Transportations before 5:00 PM CDT on the day preceding the bid opening. The “Request for Bidding Proposal Form” is available at: https://dot.nebraska.gov/business-center/business-opp/pre-maint/.

It is the bidder’s responsibility to ensure the required bid bond and solicitation response are received in separate but attached sealed envelopes or containers and submitted by the date and time indicated in the Schedule of Events. Sealed solicitations must be received in the Nebraska Department of Transportation by the date and time of the solicitation opening per the Schedule of Events.

No late solicitation responses will be accepted.

It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. The website can be found here: https://dot.nebraska.gov/business-center/business-opp/pre-maint/.

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

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

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

I. SOLICITATION GUARANTEE BID BOND

Bidders shall submit a bid bond with their solicitation response. The bid bond must be in the amount of five percent (5%) of their total bid price. The bid bond shall be executed on the Department bid bond form by corporations authorized to contract as a surety in the State of Nebraska. An original Department bid bond form may be requested from the Department by contacting the Operations Division at NDOT.ProcurementServices@nebraska.gov. Any alterations, conditions or limitations added to the Department’s bid bond form will be unacceptable and cause the solicitation response not to be read. The bid bond will be released upon execution of the awarded contract (See Exhibit A: Contractor Prequalification).

Option 1: The completed bid bond and solicitation response shall be placed in separate sealed envelopes, attached to each other, and furnished to the Department. Any alterations, conditions, or limitations added to the Department’s bid bond form will be unacceptable and cause the solicitation response not to be read.

Option 2: (Annual Bid Bond) The Department at its discretion may allow a bidder to place an “Annual Bid Bond” on file with the Department. This bond would cover all projects on which the bidder bids on for a 12-month period shown in the bond.

The bidder must indicate in the solicitation response to the Department that their “annual bid bond” applies to the submitted response. If the “annual bid bond” is applicable the bidder shall indicate this in writing on the bid bond envelope. The envelope containing the solicitation response shall be marked by the bidder to indicate its content. The annual bid bond shall be executed on the Department of Transportation’ bid bond form, copies of which may be obtained from the Department.

In the event the low bidder fails to comply with any requirement regarding the execution of the contract, the Department shall immediately be entitled to recover the full amount of the bid bond as liquidated damages.

J. SOLICITATION PREPARATION COSTS

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

K. FAILURE TO COMPLY WITH SOLICITATION

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

1. Rejection of a bidder’s solicitation response,

2. Withdrawal of the Intent to Award,

3. Withdrawal of the Award,

4. Negative documentation regarding Vendor Performance,

5. Termination of the resulting contract,

6. Legal action; and

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

L. SOLICITATION RESPONSE CORRECTIONS

A bidder may correct a mistake in a solicitation response prior to the time of opening by giving written notice to the State of intent to withdraw the solicitation response for modification or to withdraw the solicitation response completely.

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

M. LATE SOLICITATION RESPONSES

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

N. BID OPENING

The opening will consist of opening solicitation responses and announcing the names of bidders. Responses WILL NOT be available for viewing by those present at the opening. Responses will be posted to the Department’s website once an Intent to Award has been posted to the website. Once responses are opened, they become the property of the State of Nebraska and will not be returned.

O. SOLICITATION REQUIREMENTS

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

1. Original Contractual Agreement Form signed manually in ink or by DocuSign;

2. Clarity and responsiveness;

3. Completed Sections II thru V; and

4. Completed Cost Sheet.

P. EVALUATION OF SOLICITATION RESPONSES

All proposals that are responsive to the Request for Proposal will be evaluated based on the following:

1. Cost Proposal

Neb. Rev. Stat. § 73-808 allows the State to consider a variety of factors, including, but not limited to, the quality of performance of previous contracts to be considered when evaluating responses to competitive solicitations in determining a responsible bidder.

Information obtained from any Contract Compliance Request or any Contract Non-Compliance Notice (See Terms & Conditions, Section H) may be used in evaluating responses to solicitations for goods and services to determine the best value for the State.

Neb. Rev. Stat. § 73-107 allows for a preference for a resident disabled veteran or business located in a designated enterprise zone.

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

Resident disabled veterans means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (b)(i) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in (a) of this paragraph and (ii) the management and daily business operations of the business are controlled by one or more persons described in (a) of this paragraph. 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 solicitation response in accordance with Neb. Rev. Stat. § 73-107 and has so indicated on the Contractual Agreement Form under “Vendor 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:

1. Documentation from the United States Armed Forces confirming service,

2. Documentation of discharge or otherwise separated characterization of honorable or general (under honorable conditions),

3. 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

4. Documentation which shows ownership and control of a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection; and the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection.

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

Q. BEST AND FINAL OFFER

Each bidder should provide its best offer with their original solicitation response and should not expect the State to request a best and final offer (BAFO).

The State reserves the right to conduct more than one BAFO. If requested by the State, the BAFO must be submitted on the BAFO Cost Sheet and in accordance with the State’s instructions. Failure to submit a requested BAFO or failure to submit a BAFO in accordance with the State’s instructions may result in rejection of the bidder’s entire solicitation response. BAFOs may be scored and ranked by the Evaluation Committee.

R. 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 solicitation response, 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 solicitation response, withdraw an intent to award, or rescind the award of a contract.

S. AWARD

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

1. Amend the solicitation;

2. Extend the date and time of a solicitation;

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

4. Accept or reject a portion of or all of a solicitation response;

5. Accept or reject all responses;

6. Withdraw the solicitation;

7. Elect to re-release the solicitation;

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

9. Award one or more all-inclusive contracts.

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

1. Price,

2. Location,

3. Quality,

4. Delivery time,

5. Bidder qualifications and capabilities, and

6. State contract management requirements and/or costs.

The solicitation does not commit the State to award a contract. Once intent to award decision has been determined, it will be posted to the Internet at: https://dot.nebraska.gov/business-center/business-opp/pre-maint/

Any protests must be filed by a bidder within ten (10) business days after the intent to award decision is posted to the Internet.

Grievance and protest procedure is available on the Internet at:

https://das.nebraska.gov/materiel/docs/NE_DAS_Materiel_Purchasing_Agency-SPB_Policy_23_07_Protest_Policy.pdf

T. LUMP SUM OR “ALL OR NONE” SOLICITATION RESPONSES

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

“LUMP SUM” OR “ALL OR NONE” RESPONSES SHOULD BE CLEARLY IDENTIFIED ON THE FIRST PAGE OF THE

SOLICITATION AND COST SHEET (IF APPLICABLE)

U. REJECTION OF SOLICITATION RESPONSES

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

V. PRICES & COST CLARIFICATION

Discount and Price provisions are discussed in Sections III.F and III.G. The State reserves the right to review all aspects of cost for reasonableness and realism as those terms are defined in (Neb. Rev. Stat. § 73-810 (1) (a) and (b) The State may request clarification of any solicitation where the cost component indicates a significant and unsupported deviation from industry standards or in areas where detailed pricing is required. Under Neb. Rev. Stat. § 73-810 (2), the State may reject a bid if the price is not reasonable or realistic.

W. VENDOR DEMONSTRATIONS (OPTIONAL)

The State may determine that oral interviews/presentations and/or demonstrations are required. Every bidder may not be given an opportunity to interview/present and/or give demonstrations; the State reserves the right, in its discretion, to select only the top scoring bidders to present/give oral interviews. The scores from the oral interviews/presentations and/or demonstrations will be added to the scores from the Technical Response and Cost Sheets. The presentation process will allow the bidders to demonstrate their solicitation response offering, explaining and/or clarifying any unusual or significant elements related to their solicitation responses.