MA2401_002.pdf

PDF 13 MB Posted Feb 12, 2026

Attached to: NE|107741
Contract number: 107741
Issued by: Nebraska

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Written by GovTribe AI · Feb 9, 2026

This is a Service Contract Amendment (Amendment 2) executed by the Nebraska Department of Transportation (NDOT), Operations Division, for janitorial services at District 6 facilities in Nebraska. The awarded contractor is Laurinda Kleeb, an individual operating as a sole proprietor from Broken Bow, Nebraska. The contract was initially solicited through Request for Proposal (RFP) #R309-23, released December 8, 2023, with proposals opened January 10, 2024. The contract number is 107741 O4 - MA2401 S2, with contractor number 9D70. The contract was executed with an effective date of February 12, 2026, through February 11, 2027, and may be renewed for three additional one-year periods by mutual agreement.

The scope of work encompasses janitorial services for the NDOT District 6 Broken Bow Maintenance and Construction Office, Building #63203, a 2,802 square-foot facility with 2,802 square feet of hard floor surface and 335 square feet of restroom tile. Services include nightly core duties performed twice weekly (5:00 P.M. to 5:00 A.M.), weekly duties, monthly duties, and additional semi-annual and annual services such as floor stripping, waxing, and buffing. The total annual contract value is $15,230.00, consisting of a monthly cost of $1,200.00 ($14,400.00 annually) for core duties, semi-annual duties at specified per-occurrence rates ($25.00-$100.00), and an annual floor refinishing service at $500.00. The contractor provides all necessary materials, equipment, and supplies except for trash liners, hand soap, and paper products, which NDOT furnishes. No bidders submitted proposals for the other two District 6 facilities (Interstate 80 Eastbound/Westbound and Highway 30 facilities).

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NEBRASKA DEPARTMENT OF TRANSPORTATION

SERVICE CONTRACT AMENDMENT

Nebraska Department Of Transportation Operations Division

PO Box 94759 Lincoln, NE 68509

AMENDMENT 2 AS ATTACHED (11/25/2025 DLS)

EFFECTIVE DATES OF CONTRACT

February 12, 2026 through February 11, 2027. This contract is effective for the period specified.

EXPIRATION DATE

This contract will expire one (1) year from the effective date.

RENEWALS

This contract may be renewed for three (3) additional one (1) year periods when mutually agreeable to the contractor and the Nebraska Department of Transportation (NDOT).

EXTENSION PERIOD

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: R309-23

SCOPE OF WORK

The contractor shall provide management, supervision, transportation, required labor and plan, schedule, coordinate and ensure effective completion of all work and services specified in RFP #R309-23. All work will be performed in a professional manner and in the best interest of maintaining a clean presentable building at all times.

Total Annual Contract: $ 15,230.00

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

State of Nebraska Dept. of Transportation

By: ________________________________

Name: ___________ __________________

Title: _________________________ _____

Date: ______________________________

CONTRACT NUMBER

107741 O4 - MA2401 S2

CONTRACTOR #

9D70

BUYER

Gayle Dietz

VENDOR NAME AND ADDRESS:

Laurinda Kleeb 635 North 11th Avenue Broken Bow, NE 68822

VENDOR CONTACT INFORMATION DESCRIPTION OF SERVICE

Name: Laurinda Kleeb Cell: 308-870-3727 E-Mail: lkleeb75@gmail.com

Janitorial Services for District 6, Broken Bow Maintenance/Construction Office, Building #63203

INCORPORATION

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

1. Request for Proposal and Addenda;

2. Amendments to the solicitation;

3. Questions and Answers;

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

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

ORDER OF PRECEDENCE

Unless otherwise specifically stated in a future contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) Amendment to the executed Contract with the most recent dated amendment having the highest priority, 2) executed Contract and any attached Addenda, 3) Amendments to solicitation and any Questions and Answers, 4) the original solicitation document and any Addenda, and 5) the Contractor’s submitted Proposal. Any ambiguity or conflict in the contract discovered after its execution, not otherwise addressed herein, shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.

DELIVERABLES/CONTRACT LINE ITEMS:

Contract pricing consist of the following:

1. Contract price is a monthly cost for janitorial core duties required during the month, i.e. janitorial core duties required nightly two (2) times a week, weekly, and monthly as specified in RFP #R15-19.

2. Contract price is a unit cost per occurrence for additional janitorial duties required semi-annually and annually as described in RFP #R15-19.

3. Hourly rate per custodian for additional janitorial duties outside of the scheduled work as described in RFP #R15-19.

DISTRICT SIX MAINTENANCE/CONSTRUCTION OFFICE, BROKEN BOW

Building No. 63203

Approximate Cleanable Square Footage:

2802 SF Hard Floor Surface

335 SF Rest Room Tile 0 SF Carpeted Areas

1. MONTHLY COST:

$1,200.00

ANNUAL COST:

$14,400.00

Line item 1, 2, and 3

Core Duties Completed Two (2) Times A Week, On The Same Days Every Week, Excluding State Holidays, Between The Hours Of 5:00 P.M. and 5:00 A.M. (Unless Otherwise Indicated) a.

Dust all horizontal surfaces/countertops/tables as well as file cabinets, book cases, chairs, accessible window sills, and ledges, etc. with clean dust cloth and cleaning agent. Janitorial staff is not expected to remove articles from window sills or work surfaces before dusting or cleaning; this will be done by NDOT personnel if they desire to have the area dusted or cleaned. Do not dust desk/tables if the top is not cleared of papers/work.

Thoroughly sweep and damp mop with clean water all hard surface floor areas including along all walls, under furniture, and the vestibule. Damp mop all hard surface flooring with appropriate cleaner to remove any spills, road tar and track marks.

Mopped floors shall have a uniform clean appearance with no streaks, swirl marks, detergent residue or any evidence of soil, stains, film, or debris. There shall be no splash marks or mop streaks on furniture, walls, baseboards, etc., or mop strands remaining in the area.

c. Vacuum all entrance rugs and carpeted areas. Spot clean any stains.

Empty all waste receptacles and remove trash from the building into provided dumpsters located outside the building. Damp wipe the waste receptacles and replace the liners. Trash liners provided by NDOT.

e. Clean all sinks including the sink in janitor supply room and empty mop buckets of any standing water/cleaner.

f. Clean drinking fountain with stainless steel cleaner. Remove any mineral build up.

g. Maintain janitorial supply room in a clean, neat and orderly fashion.

Rest Rooms Duties:

Clean rest rooms, including all fixtures, soap and paper towel dispensers, stools and stall partitions, tile walls, shelving, mirrors, urinals, sinks and wall areas around the sinks and urinals with appropriate cleaner. Ensure all water splashes are removed and cleaned from the walls and mirrors.

Clean the urinals and the inside/outside and rim of the toilet bowl(s) with a toilet brush and disinfectant. Replace deodorant blocks as needed.

Sweep and wet mop rest room floors with appropriate cleaner and clean fresh water. Mopped floors shall have a uniform clean appearance with no streaks, swirl marks, detergent residue, or evidence of soil, stains, film or debris. There shall be no splash marks or mop streaks on the walls or baseboards or mop strands remaining in the area. Scrub the floor around the toilets and urinals with appropriate cleaner and clean fresh water.

Refill the toilet paper holders, paper towel and hand soap dispensers as needed. Paper products and hand soap shall be furnished by NDOT and stored in the janitorial supply room.

Weekly Core Duties Completed One (1) Time A Week; On The Same Day Every Week, Excluding State Holidays, Between The Hours Of 5:00 P.M. And 5:00 A.M. (Unless Otherwise Indicated)

a. Remove cobwebs from the ceilings, walls, floors, under and around furniture. Dust picture frames and light fixtures.

b. Clean interior entrance windows, windowsills, and glass door in vestibule area with glass cleaner.

3. Core Duties Completed Monthly (Unless Otherwise Indicated)

a. Clean wall surface around light switches.

b. Clean baseboards, cabinets, all door frames, door jams, hinges and mini blinds.

c. Clean and buff tile floors to produce a smooth, clear, high luster finish.

Additional Duties Completed Semi-Annually; April And September (Unless Otherwise Indicated)

COST PER

OCCURRENCE

ANNUAL COST

a. Dust and clean any buildup around vents and ceiling tiles. $25.00 $50.00

b. Dust, clean and remove bugs and dust collection from overhead light fixtures. $40.00 $80.00 c.

Clean/wash interior and exterior windows, storm windows, windowsills and glass doors.

$100.00 $200.00

Additional Duties Completed Annually During The First Week In May (Unless Otherwise Indicated)

COST PER

OCCURRENCE

ANNUAL COST

Scrub and strip tile floors, re-wax and buff. NDOT staff will move all chairs, desks, tables, filing cabinets, mats, etc. that can be moved prior to cleaning and refinishing tile floors.

$500.00 $500.00

6. Contract Bid Price UOM RATE a.

Contract bid price shall be a unit cost of an hourly rate per custodian for additional janitorial duties outside of the scheduled work as described in RFP #R309-23

Hourly Rate Per Custodian $ 35.00

Total Estimated Contract Value: $15,230.00 our

Stacy White Cross-Out

INCORPORATION

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

1. Request for Proposal and Addenda;

2. Amendments to the solicitation;

3. Questions and Answers;

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

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

ORDER OF PRECEDENCE

Unless otherwise specifically stated in a future contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) Amendment to the executed Contract with the most recent dated amendment having the highest priority, 2) executed Contract and any attached Addenda, 3) Amendments to solicitation and any Questions and Answers, 4) the original solicitation document and any Addenda, and 5) the Contractor�s submitted Proposal. Any ambiguity or conflict in the contract discovered after its execution, not otherwise addressed herein, shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.

DELIVERABLES/CONTRACT LINE ITEMS:

Contract pricing consist of the following:

2. Contract price is a unit cost per occurrence for additional janitorial duties required semi-annually and annually as described in RFP #R15-19.

3. Hourly rate per custodian for additional janitorial duties outside of the scheduled work as described in RFP #R15-

19.

DISTRICT SIX MAINTENANCE/CONSTRUCTION OFFICE, BROKEN BOW

Building No. 63203

Approximate Cleanable Square Footage:

2802 SF Hard Floor Surface 335 SF Rest Room Tile 0 SF Carpeted Areas

1. MONTHLY COST:

$1200.00

ANNUAL COST:

$14,400.00

Line item 1, 2, and 3

Core Duties Completed Two (2) Times A Week, On The Same Days Every Week, Excluding State Holidays, Between The Hours Of 5:00 P.M. and 5:00 A.M. (Unless Otherwise Indicated) a.

c. Vacuum all entrance rugs and carpeted areas. Spot clean any stains.

e. Clean all sinks including the sink in janitor supply room and empty mop buckets of any standing water/cleaner.

f. Clean drinking fountain with stainless steel cleaner. Remove any mineral build up.

g. Maintain janitorial supply room in a clean, neat and orderly fashion.

Rest Rooms Duties:

Clean the urinals and the inside/outside and rim of the toilet bowl(s) with a toilet brush and disinfectant. Replace deodorant blocks as needed.

Refill the toilet paper holders, paper towel and hand soap dispensers as needed. Paper products and hand soap shall be furnished by NDOT and stored in the janitorial supply room.

Weekly Core Duties Completed One (1) Time A Week; On The Same Day Every Week, Excluding State Holidays, Between The Hours Of 5:00 P.M. And 5:00 A.M. (Unless Otherwise Indicated)

a. Remove cobwebs from the ceilings, walls, floors, under and around furniture. Dust picture frames and light fixtures.

b. Clean interior entrance windows, windowsills, and glass door in vestibule area with glass cleaner.

3. Core Duties Completed Monthly (Unless Otherwise Indicated)

a. Clean wall surface around light switches.

b. Clean baseboards, cabinets, all door frames, door jams, hinges and mini blinds.

c. Clean and buff tile floors to produce a smooth, clear, high luster finish.

Additional Duties Completed Semi-Annually; April And September (Unless Otherwise Indicated)

COST PER

OCCURRENCE

ANNUAL COST

a. Dust and clean any buildup around vents and ceiling tiles. $25.00 $50.00

b. Dust, clean and remove bugs and dust collection from overhead light fixtures. $40.00 $80.00 c.

Clean/wash interior and exterior windows, storm windows, windowsills and glass doors.

$100.00 $200.00

Additional Duties Completed Annually During The First Week In May (Unless Otherwise Indicated)

COST PER

OCCURRENCE

ANNUAL COST

Scrub and strip tile floors, re-wax and buff. NDOT staff will move all chairs, desks, tables, filing cabinets, mats, etc. that can be moved prior to cleaning and refinishing tile floors.

$500.00 $500.00

6. Contract Bid Price UOM RATE a.

Contract bid price shall be a unit cost of an hourly rate per custodian for additional janitorial duties outside of the scheduled work as described in RFP #R309-23

Hourly Rate Per Custodian $ 35.00

Total Estimated Contract Value: $15,230.00

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State of Nebraska Department of Transportation

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

REQUEST FOR PROPOSAL NUMBER RELEASE DATE

RFP # R309-23 December 08, 2023

OPENING DATE AND TIME PROCUREMENT CONTACT

January 10, 2024 at 2:00 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 R306-23 for the purpose of selecting a qualified Contractor to provide Janitorial Services. A more detailed description can be found in Section V.

The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar services from other sources now or in the future.

The term of the contract will be one (1) year commencing upon execution of the contract by the Nebraska Department of Transportation. 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 contractors to supply the solicited services, this RFP 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 bid pursuant to this RFP, 2) the bidder’s proposal was evaluated, and 3) the bidder will honor the bidder’s original proposal, 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 REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT:

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

Optional Pre-Proposal Conference will be held on December 19, 2023, 9:00 A.M. CDT to 10:00 a.m. CDT at:

NDOT District 6 North Platte Truck Scales and Weight Station, Building No. 65101 Interstate 80 Eastbound (EB), 3 miles east of North Platte, mile marker 180.5

Optional Pre-Proposal Conference will be held on December 19, 2023, 2:00 P.M. CDT to 3:00 p.m. CDT at NDOT District 6 Broken Bow Maintenance and Construction Office, Building No. 63203 515 East South E Street, Broken Bow, NE 68822

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 Request for Proposal, and the awarded bidder’s proposal and 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 proposals or responses received regarding this Request for Proposal will be posted to the State Purchasing Bureau public website.

These postings will include the entire proposal or 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 PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would 1) give advantage to business competitors and 2) serve no public purpose. The Bidder will be notified of the State’s decision. Absent a determination by the State that the information may be withheld pursuant to Neb. Rev. Stat. § 84-712.05, the State will consider all information a public record subject to disclosure.

If the 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, proposal, or response to this Request for Proposal 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 Request for Proposal, specifically waives any copyright or other protection the contract, proposal, or response to the Request for Proposal 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 proposal or response to this Request for Proposal, and award of a contract. Failure to agree to the reservation and waiver will result in the proposal or response to the Request for Proposal being found non-responsive and rejected.

RFP Boilerplate | 02032023 ii

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

RFP Boilerplate | 02032023 iii

TABLE OF CONTENTS

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

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

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. PRE-PROPOSAL CONFERENCE

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

G. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS

H. ETHICS IN PUBLIC CONTRACTING

I. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

J. PRICES & COST CLARIFICATION

K. SUBMISSION OF PROPOSALS

L. PROPOSAL PREPARATION COSTS

M. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

N. PROPOSAL CORRECTIONS

O. LATE PROPOSALS

P. PROPOSAL OPENING

Q. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS

R. EVALUATION OF PROPOSALS

S. BEST AND FINAL OFFER

T. REFERENCE AND CREDIT CHECKS

U. AWARD

V. LUMP SUM OR “ALL OR NONE” PROPOSALS

W. REJECTION OF PROPOSALS

X. RESIDENT BIDDER

II. TERMS AND CONDITIONS

a. GENERAL

b. NOTIFICATION

c. BUYER’S REPRESENTATIVE

d. GOVERNING LAW (Nonnegotiable)

e. DISCOUNTS

f. PRICES

g. BEGINNING OF WORK & SUSPENSION OF SERVICES

h. AMENDMENT

i. CHANGE ORDERS OR SUBSTITUTIONS

j. RECORD OF VENDOR PERFORMANCE

k. CORRECTIVE ACTION PLAN

l. NOTICE OF POTENTIAL CONTRACTOR BREACH

m. BREACH

n. NON-WAIVER OF BREACH

o. SEVERABILITY

p. INDEMNIFICATION

q. ATTORNEY'S FEES

r. ASSIGNMENT, SALE, OR MERGER

s. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE 10

t. FORCE MAJEURE

u. CONFIDENTIALITY

v. EARLY TERMINATION

RFP Boilerplate | 02032023 iv

w. CONTRACT CLOSEOUT

III. CONTRACTOR DUTIES

a. INDEPENDENT CONTRACTOR / OBLIGATIONS

b. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Nonnegotiable)

d. COOPERATION WITH OTHER CONTRACTORS

e. PERMITS, REGULATIONS, LAWS

f. OWNERSHIP OF INFORMATION AND DATA / DELIVERABLES

g. INSURANCE REQUIREMENTS

h. ANTITRUST

i. CONFLICT OF INTEREST

j. STATE PROPERTY

k. SITE RULES AND REGULATIONS

l. ADVERTISING

m. DISASTER RECOVERY/BACK UP PLAN

n. WARRANTY

o. 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

Form A Bidder Proposal Point of Contact

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

RFP Boilerplate | 02032023 v

GLOSSARY OF TERMS

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

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 Request for Proposal.

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

Bidder: A contractor who submits a proposal in response to a written Request for Proposal.

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 or contract without expectation of conducting or performing it at a later time.

Change Order: Document that provides an addendum and/or 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.

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 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 administration 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 Request for Proposal.

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.

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.

RFP Boilerplate | 02032023 vi

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

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

Evaluation Committee: Individuals selected by the requesting agency for the evaluation of proposals (offers made in response to written Request for Proposals).

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 Contractor“, and “Installation by State”, as found in the Request for Proposal, 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 Proposal: An offer received after the Opening Date and Time.

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

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

Non-Responsive Proposal: Any proposal that does not comply with the requirements of the Request for Proposal.

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

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 Request for Proposal and related expectations.

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: Bidder’s response to a written Request for Proposal.

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

Protest/Grievance: A complaint about a governmental action or decision related to a Request for Proposal or resultant contract, brought by a bidder who has submitted a proposal response by the opening date and time in connection with the award in question, to AS Materiel Division or another designated agency with the intention of achieving a remedial result.

Release Date: The date of public release of the written Request for Proposal 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 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 Bidder: A vendor who has submitted a proposal which conforms to all requirements of the Request for Proposal document.

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

Should: Expected; suggested, but not necessarily mandatory.

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

RFP Boilerplate | 02032023 vii

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

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.

Vendor: An individual or entity lawfully conducting business with the State.

Vendor Performance Report: A report issued to the Contractor by State Purchasing Bureau when products or services delivered or performed fail to meet the terms of the purchase order, contract, and/or specifications, as reported to State Purchasing Bureau by the agency. The State Purchasing Bureau shall contact the Contractor regarding any such report. The vendor performance report will become a part of the permanent record for the Contractor. The State may require vendor to cure. Two such reports may be cause for immediate termination.

Will: See Mandatory/Shall/Will/Must.

Work Day: See Business Day.

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ACRONYM LIST

ACH – Automated Clearing House

BAFO – Best and Final Offer

COI – Certificate of Insurance

DAS – Department of Administrative Services

NDOT – Nebraska Department of Transportation

RFP – Request for Proposal

RFP Boilerplate | 02032023

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The Request for Proposal is designed to solicit proposals from a qualified bidder who will be responsible for providing janitorial Services at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Proposal instructions, and Cost Proposal Requirements may be found in Sections II through VI.

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

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

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

RFP Number: R309-23 Name: Gayle Dietz Agency: Nebraska Department of Transportation (NDOT) Address: 5001 So. 14th Street Lincoln, NE 68512 Telephone: (402) 479-4350 E-Mail: NDOT.ProcurementServices@nebraska.gov

From the date the Request for Proposal 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 Request for Proposal. The POC will issue any answers, clarifications, or amendments regarding this Request for Proposal 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 Request for Proposal.

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 RFP POC; and

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

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

C. SCHEDULE OF EVENTS

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

Schedule of Events

ACTIVITY DATE/TIME

1. Release RFP December 08, 2023

Optional Pre-Proposal

NDOT District 6 North Platte Truck Scales and Weight Station, Building No. 65101 Interstate 80 Eastbound (EB), 3 miles east of North Platte, mile marker 180.5

NDOT District 6 Broken Bow Maintenance and Construction

Office, Building No. 63203: 515 East South E Street, Broken Bow, NE 68822

December 19, 2023 at 9:00 a.m. to 10:00 a.m. CST

December 19, 2023 At 2:00 p.m. to 3:00 p.m. CST

Last day to submit written questions after Pre-Proposal Conference

December 26, 2023

State responds to written questions through RFP “Addendum” and/or “Amendment” to be posted to the Internet at:

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

December 29, 2023

Proposal Opening

Location: Nebraska Department of Transportation, Operations Division, Bldg. #00101 5001 S. 14th Street Lincoln, NE 68512

January 10, 2024

2:00 PM

Central Time

6. Review for conformance to RFP requirements January 10, 2024

7. Evaluation period January 11, 2024

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

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

January 12, 2024

9. Contract finalization period January 15, 2024 Through January 31, 2024

10. Contract award January 31, 2024

11. Contractor start date February 01, 2024

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any Request for Proposal provision must be submitted in writing to Nebraska Department of Transportation and clearly marked “RFP Number R306-23; Janitorial Services Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

Bidders should present, as questions, any assumptions upon which the bidder’s proposal is or might be developed. Any proposal containing assumptions may be deemed non-responsive. Non-responsive proposals may be rejected by the State. Proposals 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 http://dot.nebraska.gov/business-center/business-opp/procure-service-opp/ per the Schedule of Events.

E. PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held per the Schedule of Events. Attendance at the pre-proposal conference is mandatory.

Bidders will have an opportunity to ask questions at the conference to assist in the clarification and understanding of the Request for Proposal requirements. Questions that have a material impact on the Request for Proposal or process, and questions that are relevant to all bidders, will be answered in writing and posted at http://dot.nebraska.gov/business-center/business-opp/procure-service-opp/. An answer must be posted to be binding on the State. The State will attempt to provide verbal answers to questions that do not impact the Request for Proposal or process and are only of interest to an individual bidder during the conference. If a bidder feels it necessary to have a binding answer to a question that was answered verbally, the question should be submitted in writing per the Schedule of Events.

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

Bidders should notify the POC of their intent to attend by submitting a "Notification of Intent to Attend the Pre-Proposal Conference Form" (see Form B) via e-mail to NDOT.ProcurementServices@nebraska.gov.

G. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS

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 Nebraska Department of Transportation website at:

http://dot.nebraska.gov/media/2802/ndot289.pdf. This should be accomplished prior to execution of the contract.

H. ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject proposals, 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 proposal on behalf of another Party or entity; and

5. Colluding 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 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.

I. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

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

J. PRICES & COST CLARIFICATION

Discount and Price provisions are discussed in Section II. E. & F. The State reserves the right to review all aspects of cost for reasonableness and to request clarification of any proposal where the cost component indicates a significant and unsupported deviation from industry standards or in areas where detailed pricing is required.

K. SUBMISSION OF PROPOSALS

State will not accept proposals by mail, email, voice, or telephone, unless otherwise explicitly stated in writing by the State.

Pages may be consecutively numbered for the entire proposal or may 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. The Technical Proposal should not contain any reference to dollar amounts. However, information such as data concerning labor hours and categories, materials, subcontracts and so forth, shall be considered in the Technical Proposal so that the bidder’s understanding of the scope of work may be evaluated. The Technical Proposal shall disclose the bidder’s technical approach in as much detail as possible, including, but not limited to, the information required by the Technical Proposal instructions.

No late proposals will be accepted.

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

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

The “Request for Proposal for Contractual Services” form must be signed manually in ink or by DocuSign and returned by the proposal opening date and time along with the bidder’s Request for Proposal and any other requirements as stated in the Request for Proposal document in order for the bidder’s Request for Proposal response to be evaluated.

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

L. PROPOSAL PREPARATION COSTS

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

M. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

Violation of the terms and conditions contained in this Request for Proposal 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 proposal,

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 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.

N. PROPOSAL CORRECTIONS

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

O. LATE PROPOSALS

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

P. PROPOSAL OPENING

The opening of proposals will be public, and the bidders will be announced. Proposals WILL NOT be available for viewing by those present at the proposal opening. Proposals will be posted to the NDOT website once an 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.

Q. 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:

1. Original Request for Proposal for Contractual Services form signed manually in ink or by DocuSign;

2. Clarity and responsiveness of the proposal;

3. Completed State Cost Proposal Template.

R. EVALUATION OF PROPOSALS

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

1. Cost Proposal

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…

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