LH2102_003.pdf

YES

DR19113 07-10-2024

37160.00 06-20-2024 07-14-2024 07-13-2025L H 21 02 003

18 - MISCELLANEOUS

DISTRICT 5

UNIFORM RENTAL AND CLEANING SERVICES

9B51 - IDEAL LINEN SUPPLY INC.

07-10-2024 10:30 AMDR19113

DR19113 07-12-2023

$37,160.00 07-10-2023 07-14-2023 07-13-2024L H 21 02 002

18 - MISCELLANEOUS

9B51 - IDEAL LINEN SUPPLY INC. 00

07-12-2023 3:00 PMDR19113

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UNIFORMS & UNIFORM CLEANING

DR19113 07-13-2022 01:09 PM NO

INSURANCE REQUIRED

$37,160.00 gayle.dietz@nebraska.gov LH2102 - 001 - FROM PGM ACTB200 LH2102 - 001

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DR19113 06-29-2021

07-13-2021 07-14-2021 07-13-2022

18 - MISCELLANEOUS

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UNIFORMS & UNIFORM CLEANING

DR19113 07-13-2021 10:50 AM NO

INSURANCE REQUIRED

$37,160.00 gayle.dietz@nebraska.gov LH2102 - 000 - FROM PGM ACTB200 LH2102 - 000

State of Nebraska Department of Transportation

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

RETURN TO:

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

SOLICITATION NUMBER RELEASE DATE

RFP #R304-21 May 12, 2021

OPENING DATE AND TIME PROCUREMENT CONTACT

June 15, 2021 3:00 p.m. Central Time Gayle Dietz

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Transportation (NDOT), is issuing this Request for Proposal (RFP) Number R304-21 for the purpose of selecting a qualified Contractor to provide District 5 Uniform Rental and Cleaning Services. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar services from other sources now or in the future.

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

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

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

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

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

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

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

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

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

RFP Boilerplate | 07012019 ii attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the proposals and responses to the solicitation, awards, and other documents.

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TABLE OF CONTENTS

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

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

GLOSSARY OF TERMS ............................................................................................................................................................................ v

ACRONYM LIST ........................................................................................................................................................................................ x

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 (Statutory)

f. ETHICS IN PUBLIC CONTRACTING

g. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

h. SUBMISSION OF PROPOSALS

i. PROPOSAL PREPARATION COSTS

j. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

k. PROPOSAL CORRECTIONS

l. LATE PROPOSALS

m. PROPOSAL OPENING

n. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS

o. EVALUATION OF PROPOSALS

p. BEST AND FINAL OFFER

q. REFERENCE AND CREDIT CHECKS

r. AWARD

s. ALTERNATE/EQUIVALENT PROPOSALS

t. LUMP SUM OR ”ALL OR NONE” PROPOSALS

u. EMAIL SUBMISSIONS

v. REJECTION OF PROPOSALS

w. RESIDENT BIDDER

TERMS AND CONDITIONS

a. GENERAL

b. NOTIFICATION

c. NOTICE (POC)

d. GOVERNING LAW (Statutory)

e. BEGINNING OF WORK

f. AMENDMENT

g. CHANGE ORDERS OR SUBSTITUTIONS

h. VENDOR PERFORMANCE REPORT(S)

i. NOTICE OF POTENTIAL CONTRACTOR BREACH

j. BREACH

k. NON-WAIVER OF BREACH

l. SEVERABILITY

m. INDEMNIFICATION

n. ATTORNEY'S FEES

o. ASSIGNMENT, SALE, OR MERGER

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

q. FORCE MAJEURE

r. CONFIDENTIALITY

s. EARLY TERMINATION

t. CONTRACT CLOSEOUT

CONTRACTOR DUTIES

a. INDEPENDENT CONTRACTOR / OBLIGATIONS

b. EMPLOYEE WORK ELIGIBILITY STATUS

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c. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION (Statutory)

d. COOPERATION WITH OTHER CONTRACTORS

e. DISCOUNTS

f. PRICES

g. COST CLARIFICATION

h. PERMITS, REGULATIONS, LAWS

i. INSURANCE REQUIREMENTS

j. NOTICE OF POTENTIAL CONTRACTOR BREACH

k. ANTITRUST

l. CONFLICT OF INTEREST

m. STATE PROPERTY

n. SITE RULES AND REGULATIONS

o. ADVERTISING

p. DISASTER RECOVERY/BACK UP PLAN

q. DRUG POLICY

r. WARRANTY

PAYMENT

a. PROHIBITION AGAINST ADVANCE PAYMENT (Statutory)

b. TAXES (Statutory)

c. INVOICES

d. INSPECTION AND APPROVAL

e. PAYMENT (Statutory)

f. LATE PAYMENT (Statutory)

g. SUBJECT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Statutory)

h. RIGHT TO AUDIT (First Paragraph is Statutory)

PROJECT DESCRIPTION AND SCOPE OF WORK……………………………………………………………………………..20

a. SCOPE OF WORK…………………………………………………………………………………………………20

b. EMPLOYEES/QUANTITY…………………………………………………………………………………………20

c. BIDDERS INSTRUCTIONS……………………………………………………………………………………….20

d. UNIFORM QUALITY/APPEARANCE…………………………………………………………………………….20

e. SUBSTITUTIONS/PRODUCT REVISIONS/ADDITIONS………………………………………………………20

f. SAMPLES…………………………………………………………………………………………………………...21

g. SHIRTS………………………………………………………………………………………………………………21

h. PANTS……………………………………………………………………………………………………………….22

i. INITIAL SIZING/MEASUREMENT……………………………………………………………………………

j. DELIVERY/INSPECTIONS/REPAIRS……………………………………………………………………………22

k. GARMENT TRACKING SYSTEM………………………………………………………………………………...23

l. UNIFORM PROTECTION PLAN

m. PROPOSAL PRICING

n. DELIVERABLES

o. PAYMENT SCHEDULE

PROPOSAL INSTRUCTIONS

a. PROPOSAL SUBMISSION

b. COST PROPOSAL REQUIREMENTS Form A Contractor Proposal Point of Contact

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

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GLOSSARY OF TERMS

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

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

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

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

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

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

Amendment: A written correction or alteration to a document.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contract Period: The duration of the contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Installation Date: The date when the procedures described in “Installation by Contractor“, and “Installation by State”, as found in the solicitation, or contract, are completed.

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

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

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

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

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Should: Expected; suggested, but not necessarily mandatory.

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

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

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

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

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

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

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

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

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

Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. §87- 502(4)).

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

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

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

Vendor: Inclusive term for any Bidder or Contractor

Will: See Mandatory/Shall/Will/Must.

Work Day: See Business Day.

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ACRONYM LIST

ARO – After Receipt of Order

ACH – Automated Clearing House

BAFO – Best and Final Offer

COI – Certificate of Insurance

CPU – Central Processing Unit

DAS – Department of Administrative Services

F.O.B. – Free on Board

ITB – Invitation to Bid

NDOT – Nebraska Department of Transportation

NIGP – National Institute for Governmental Purchasing

PA – Participating Addendum

RFI – Request for Information

RFP – Request for Proposal

SPB – State Purchasing Bureau

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1. PROCUREMENT PROCEDURE

a. GENERAL INFORMATION

The solicitation is designed to solicit proposals from qualified Contractor who will be responsible for providing District 5 Uniform Rental and Cleaning Services at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Proposal instructions, and Cost Proposal Requirements may be found in Sections II through V.

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

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

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

Telephone: 402-479-4350

E-Mail: ndot.OperationsProcurement@nebraska.gov

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

The following exceptions to these restrictions are permitted:

Contact made pursuant to pre-existing contracts or obligations;

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

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

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

ACTIVITY DATE/TIME

1. Release Solicitation May 12, 2021

2. Last day to submit written questions May 26, 2021

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

“Amendment” to be posted to the Internet at:

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

May 28, 2021

4. Proposal Opening

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

June 15, 2021

3:00 PM

Central Time

5. Review for conformance to solicitation requirements June 15, 2021

6. Evaluation period June 16, 2021

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

http://dot.nebraska.gov/business-center/business-opp/procure-service-opp/ June 17, 2021

8. Contract finalization period June 17, 2021 – July 02, 2021

9. Contract award July 02, 2021

10. Contractor start date July 06, 2021

d. WRITTEN QUESTIONS AND ANSWERS Questions regarding the meaning or interpretation of any solicitation provision must be submitted in writing to Nebraska Department of Transportation and clearly marked “RFP Number R304-21; District 5 Uniform Rental and Cleaning Services Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

Contractors should present, as questions, any assumptions upon which the Contractor's proposal is or might be developed. Proposals will be evaluated without consideration of any known or unknown assumptions of a contractor. The contract will not incorporate any known or unknown assumptions of a contractor.

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

Solicitation Section Reference

Solicitation Page Number Question

Written answers will be posted at http://dot.nebraska.gov/business-center/business-opp/procure-service-opp/ per the Schedule of Events.

e. 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 contractor who is the recipient of an Intent to Award will 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 Transportation website at http://dot.nebraska.gov/media/2802/ndot289.pdf. This must be accomplished prior to execution of the contract.

f. ETHICS IN PUBLIC CONTRACTING The State reserves the right to reject proposals, withdraw an intent to award or award, or terminate a contract if a contractor commits or has committed ethical violations, which include, but are not limited to:

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;

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

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

Submitting a proposal on behalf of another Party or entity; and Collude with any person or entity to influence the bidding process, submit sham proposals, preclude bidding, fix pricing or costs, create an unfair advantage, subvert the proposal, or prejudice the State.

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

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

g. DEVIATIONS FROM THE REQUEST FOR PROPOSAL 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 through VI must be clearly defined by the contractor 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 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 PROPOSALS Contractors should submit one proposal marked on the first page: “ORIGINAL”. If multiple proposals are submitted, the State will retain one copy marked “ORIGINAL” and destroy the other copies. The Contractor is solely responsible for any variance between the copies submitted. Proposal responses should include the completed Form A, “Contractor Proposal Point of Contact”. Proposals must reference the RFP 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 contractor’s proposal response packet. If a recipient phone number is required for delivery purposes, 402-479-4350 should be used. The RFP number should be included in all correspondence. The State will not furnish packaging and sealing materials. It is the contractor’s responsibility to ensure the solicitation is received in a sealed envelope or container and submitted by the date and time indicated in the Schedule of Events. Sealed proposals must be received in the Nebraska Department of Transportation by the date and time of the proposal opening per the Schedule of Events. No late proposals will be accepted.

The Request for Proposal form must be manually signed in an indelible manner and returned by the proposal opening date and time along with the contractor’s Request for Proposal along with any other requirements as stated in the Request for Proposal document in order for the contractor’s Request for Proposal response to be evaluated.

It is the responsibility of the contractor to check the website for all information relevant to this Request for Proposal to include addenda and/or amendments issued prior to the opening date. Website address is as follows:

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

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

By signing the “Request for Proposal for Contractual Services” form, the contractor guarantees compliance with the provisions stated in this solicitation.

The State shall not incur any liability for any costs incurred by contractors in replying to this solicitation, in the demonstrations and/or oral presentations, or in any other activity related to bidding on this solicitation.

The Cost Proposal Template should be presented in separate sections (loose-leaf binders are preferred) on standard 8 ½” x 11” paper, except that charts, diagrams and the like may be on fold-outs which, when folded, fit into the 8 ½” by 11” format. Pages may be consecutively numbered for the entire proposal, or may be numbered consecutively within sections. Figures and tables should be numbered consecutively within sections. Figures and tables should be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text.

i. PROPOSAL PREPARATION COSTS The State shall not incur any liability for any costs incurred by Contractors in replying to this solicitation, including any activity related to bidding on this solicitation.

j. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL 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:

Rejection of a contractor’s proposal;

Withdrawal of the Intent to Award;

Withdrawal of the Award;

Negative Vendor Performance Report(s) Termination of the resulting contract;

Legal action; and Suspension of the contractor from further bidding with the State for the period of time relative to the seriousness of the violation, such period to be within the sole discretion of the State.

k. PROPOSAL CORRECTIONS A contractor may correct a mistake in a proposal prior to the time of opening by giving written notice to the State of intent to withdraw the proposal for modification or to withdraw the proposal completely. Changing a proposal after opening may be permitted if the change is made to correct a minor error that does not affect price, quantity, quality, delivery, or contractual conditions. In case of a mathematical error in extension of price, unit price shall govern.

l. LATE PROPOSALS Proposals received after the time and date of the proposal opening will be considered late proposals. Late proposals will be returned unopened, if requested by the contractor and at contractor's expense. The State is not responsible for proposals that are late or lost regardless of cause or fault.

m. PROPOSAL OPENING The opening of proposals will be public and the contractors will be announced. Proposals WILL NOT be available for viewing by those present at the proposal opening. Proposals will be posted to the Nebraska Department of Transportation website once an Intent to Award has been posted to the website. Information identified as proprietary by the submitting contractor, in accordance with the solicitation and state statute, will not be posted. If the state determines submitted information should not be withheld, in accordance with the Public Records Act, or if ordered to release any withheld information, said information may then be released. The submitting contractor will be notified of the release and it shall be the obligation of the submitting contractor to take further action, if it believes the information should not be released. (See RFP signature page for further details) Contractors may contact the State to schedule an appointment for viewing proposals after the Intent to Award has been posted to the website.

Once proposals are opened, they become the property of the State of Nebraska and will not be returned.

n. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS 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. The requirements are:

Original Request for Proposal for Contractual Services form signed using an indelible method;

Clarity and responsiveness of the proposal;

Completed State Cost Proposal Template (Attachment B).

o. EVALUATION OF PROPOSALS

All proposals that are responsive to the solicitation will be evaluated based on the following:

i. Cost Proposal

Neb. Rev. Stat. §81-161 allows the quality of performance of previous contracts to be considered when evaluating responses to competitively bid solicitations in determining the lowest responsible bidder.

Information obtained from any Vendor Performance Report (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 contractor, 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 contractor, 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 solicitation cover page under “Contractor 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 contractor within ten (10) business days of request:

i. Documentation from the United States Armed Forces confirming service;

Documentation of discharge or otherwise separated characterization of honorable or general (under honorable conditions);

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 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 contractor from consideration of the preference.

p. BEST AND FINAL OFFER If best and final offers (BAFO) are requested by the State and submitted by the contractor, they will be evaluated (using the stated BAFO criteria), scored, and ranked by the Evaluation Committee. The State reserves the right to conduct more than one Best and Final Offer. The award will then be granted to the highest scoring contractor.

However, a contractor should provide its best offer in its original proposal. Contractors should not expect that the State will request a best and final offer.

q. 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 solicitation, the contractor grants to the State the right to contact or arrange a visit in person with any or all of the contractor’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.

r. AWARD The State reserves the right to evaluate proposals 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 proposals, or at any point in the solicitation process, the State of Nebraska may take one or more of the following actions:

Amend the solicitation;

Extend the time of or establish a new proposal opening time;

Waive deviations or errors in the State’s solicitation process and in contractor proposals that are not material, do not compromise the solicitation process or a contractor’s proposal, and do not improve a contractor’s competitive position;

Accept or reject a portion of or all of a proposal;

Accept or reject all proposals;

Withdraw the solicitation;

Elect to rebid the solicitation;

Award each facility by location Award to one or more contractors; or, Award one or more all-inclusive contracts.

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:

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

Any protests must be filed by a contractor 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:

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

s. ALTERNATE/EQUIVALENT PROPOSALS Contractor may offer proposals which are at variance from the express specifications of the solicitation. The State reserves the right to consider and accept such proposals if, in the judgment of the Materiel Administrator, the proposal will result in goods and/or services equivalent to or better than those which would be supplied in the original proposal specifications. Contractor must indicate on the solicitation the manufacturer’s name, number and shall submit with their proposal, sketches, descriptive literature and/or complete specifications. Reference to literature submitted with a previous proposal will not satisfy this provision. Proposals which do not comply with these requirements are subject to rejection. In the absence of any stated deviation or exception, the proposal will be accepted as in strict compliance with all terms, conditions and specification, and the Contractor shall be held liable therefore.

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

u. EMAIL SUBMISSIONS The State will not accept proposals by email, electronic, voice, or telephone proposals except for one-time purchases under $50,000.00.

v. REJECTION OF PROPOSALS The State reserves the right to reject any or all proposals, wholly or in part, in the best interest of the State.

w. RESIDENT BIDDER Pursuant to Neb. Rev. Stat. §§ 73-101.01 through 73-101.02, a Resident Bidder shall be allowed a preference against a Non-resident Bidder from a state which gives or requires a preference to Bidders from that state. The preference shall be equal to the preference given or required by the state of the Nonresident Bidders. Where the lowest responsible bid from a resident Bidder is equal in all respects to one from a nonresident Bidder from a state which has no preference law, the resident Bidder shall be awarded the contract.