Revised 6789 OF Cigarette Tax Stamp ITB-Final.pdf

State of Nebraska - INVITATION TO BID

CONTRACT

Date 5/23/23 Page 1 of 2

Solicitation Number 6789 OF

Opening Date and Time 06/21/23 2:00 pm

DESTINATION OF GOODS

NE DEPT OF REVENUE

501 BLDG

501 S 14TH ST RM 39 LWER LEVEL

LINCOLN NE 68508

Buyer JULIE RUNGE (AS)

BIDDER MUST COMPLETE THE FOLLOWING

DISCOUNT PAYMENT TERMS:________% _________ DAYS

By signing this Invitation to Bid form, the bidder guarantees compliance with the provisions stated in this Invitation to Bid, agrees to the terms and conditions unless otherwise agreed to and certifies that bidder maintains a drug free work place environment. Vendor will furnish the items requested within ______ days after receipt of order. Failure to enter Delivery Date may cause quotation to be REJECTED.

Sign Here (Authorized Signature Mandatory – Form must be signed manually in ink or by DocuSign) Enter Contact Information Below

VENDOR# Contact

VENDOR: Telephone

Address: Email

R43530 NE999003R43530|NE999003 20210114

Per Nebraska's Transparency in Government Procurement Act, DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska contractors. This information is for statistical purposes only and will not be considered for contract award purposes.

_____NEBRASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. "Nebraska Contractor" shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this ITB.

_____ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. §73-107 and wish to have preference, if applicable, considered in the award of this contract.

Contract to supply and deliver Cigarette Tax Stamps to the State of Nebraska as per the attached specifications for a one (1) year period from date of award. The contract may be renewed for four (4) additional one (1) year periods when mutually agreeable to the vendor and the State of Nebraska.

BT 05/23/23

INVITATION

Line Description Quantity Unit of Measure Unit Price Extended

Price

1 CIGARETTE TAX STAMPS 2,750.0000 M __________ __________

20 COUNT CIGARETTE PACKAGES

150 STAMPS PER SHEET

5-209-1994

PAPER STOCK NAME: __________________________

PAPER STOCK MANUFACTURER: ________________

State of Nebraska - INVITATION TO BID

CONTRACT

Date 5/23/23 Page 2 of 2

Solicitation Number 6789 OF

Opening Date and Time 06/21/23 2:00 pm

DESTINATION OF GOODS

NE DEPT OF REVENUE

501 BLDG

501 S 14TH ST RM 39 LWER LEVEL

LINCOLN NE 68508

Buyer JULIE RUNGE (AS)

R43530 NE999003R43530|NE999003 20210114

INVITATION

Line Description Quantity Unit of

Measure Unit Price Extended

Price

2 CIGARETTE TAX STAMPS 502,500.0000 M __________ __________

20 COUNT CIGARETTE PACKAGES

30,000 STAMPS PER ROLL

5-210-1994

PAPER STOCK NAME: __________________________

PAPER STOCK MANUFACTURER: ________________

OPTIONAL ITEM:

3 CIGARETTE TAX STAMPS 150.0000 M __________ __________

25 COUNT CIGARETTE PACKAGES

150 STAMPS PER SHEET

5-174-1986

PAPER STOCK NAME: __________________________

PAPER STOCK MANUFACTURER: ________________

CIGARETTE TAX STAMPS

STATE OF NEBRASKA/REVENUE

INVITATION TO BID

6789 OF

Page i SPB ITB Boilerplate | 07012019

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this solicitation for a commodity contract, ITB Number 6789 OF for the purpose of selecting a qualified Bidder to provide Cigarette Tax Stamps. A more detailed description can be found in Section V and VI. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar goods 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 Bidder (Parties). The Contract includes the option to renew for four (4) 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.

INFORMATION PERTINENT TO THIS SOLICITATION CAN BE FOUND ON THE INTERNET AT:

http://das.nebraska.gov/materiel/purchasing.html

PUBLIC POSTING NOTICE:

Pursuant to the Taxpayer Transparency Act (Neb. Rev. Stat. §§ 84-602.01 to 84-602.04) and in furtherance of public records statutes (Neb. Rev. Stat. § 84-712 et seq.), State contracts, must be posted to a public website. The resulting Contract, the ITB, and the successful Bidder’s entire bid and response will be posted to a public website managed by DAS, which can be found at:

https://statecontracts.nebraska.gov

If the Bidder wishes to withhold proprietary or other commercial information from disclosure, the Bidder must do the following:

a. Identify the Proprietary Information;

b. Mark the Proprietary Information; and

c. Submit the Proprietary Information under separate cover marked clearly using an indelible method with the words

“PROPRIETARY INFORMATION”.

d. 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 BID IS PROPRIETARY. COST WILL NOT BE CONSIDERED PROPRIETARY AND IS A PUBLIC RECORD SUBJECT TO

DISCLOSURE.

The State may require a Bidder to submit more information, including, but not limited to, a detailed explanation as to how and why the designated information is Proprietary.

The State will determine, in its sole discretion, if the disclosure of the designated Proprietary Information would:

a. Give advantage to Business competitors; and,

b. Serve no public purpose.

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.

In the event that disclosure of Proprietary Information is ordered or requested, it will be the Bidder’s responsibility to assert and defend the non-disclosure.

To facilitate public postings, with the exception of Proprietary Information, the State reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, bid, or response to this ITB for any purpose, and to authorize others to use the documents. Any individual or entity Awarded a contract, or who submits a bid in response to this ITB, specifically waives any Copyright or other protection the contract, bid, or response to the ITB 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 bid or response to this ITB, and Award of a contract. Failure to agree to the reservation and waiver will result in the bid being found non-responsive and rejected.

Any entity Awarded a contract or submitting a bid or response to the ITB 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 bids and responses to the ITB, Awards, and other documents.

https://statecontracts.nebraska.gov/

Page ii SPB ITB Boilerplate | 07/01/2019

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................................................................................. ii GLOSSARY OF TERMS ........................................................................................................................................................................... iv ACRONYM LIST ..................................................................................................................................................................................... viii

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

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

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE ITB

H. SUBMISSION OF BIDS

I. BID PREPARATION COSTS

J. FAILURE TO COMPLY WITH ITB

K. BID CORRECTIONS

L. LATE BIDS

M. BID OPENING

N. ITB REQUIREMENTS

O. EVALUATION OF BIDS

P. BEST AND FINAL OFFER

Q. REFERENCE AND CREDIT CHECKS

R. AWARD

S. SPECIFICATIONS

T. SAMPLES

U. ALTERNATE/EQUIVALENT BIDS

V. “LUMP SUM” OR “ALL OR NONE” BIDS

W. EMAIL SUBMISSIONS

X. BID TABULATIONS

Y. REJECTION OF BIDS

Z. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. PCO REPRESENTATIVE

D. GOVERNING LAW (Statutory)

E. AMENDMENT

F. SUBSTITUTIONS

G. VENDOR PERFORMANCE REPORT(S)

H. NOTICE OF POTENTIAL BIDDER BREACH

I. BREACH

J. NON-WAIVER OF BREACH

K. SEVERABILITY

L. INDEMNIFICATION

M. ATTORNEY'S FEES

N. ASSIGNMENT, SALE, OR MERGER

O. CONTRACTING WITH OTHER POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE

P. FORCE MAJEURE

Q. CONFIDENTIALITY

R. EARLY TERMINATION

III. BIDDER DUTIES

A. INDEPENDENT BIDDER / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

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

(Statutory)

D. COOPERATION WITH OTHER BIDDERS

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E. DISCOUNTS

F. PRICES

G. COST CLARIFICATION

H. PERMITS, REGULATIONS, LAWS

I. NOTICE OF POTENTIAL BIDDER BREACH

J. ANTITRUST

K. CONFLICT OF INTEREST

L. ADVERTISING

M. NEBRASKA TECHNOLOGY ACCESS STANDARDS (Statutory)

N. DISASTER RECOVERY/BACK UP PLAN

O. DRUG POLICY

P. WARRANTY

IV. PAYMENT

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

C. INVOICES

D. INSPECTION AND APPROVAL

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

V. SCOPE OF WORK

A. SCOPE

VI. TECHNICAL SPECIFICATIONS

A. BIDDER INSTRUCTIONS

B. NON-COMPLIANCE STATEMENT

C. CIGARETTE STAMP PAPER

D. STAMP SIZE, DESIGN, AND COLORS FOR TWENTY (20) COUNT CIGARETTE PACKAGES

E. STAMP AND ROLL CONFIGURATION

F. STAMP SIZE, DESIGN, AND COLORS FOR TWENTY-FIVE (25) COUNT CIGARETTE PACKAGES (OPTIONAL) 21

G. STAMP TYPE AND APPLICATION

H. SECURITY

I. NUMBERING – SHEETS AND ROLLS

J. ACCEPTABLE BRANDS

K. PACKAGING

L. ANNUAL USAGE, ESTIMATED

M. DELIVERY ARO

N. DELIVERY LOCATIONS / INSTRUCTIONS (BIDDER AGREES THAT THEY CAN MEET THE DELIVERY

LOCATIONS/INSTRUCTIONS)

O. ORDERS

P. QUALITY

Q. SAMPLES

R. PERFORMANCE TESTING OF THE “SAMPLE” CIGARETTE TAX STAMPS AND THE STAMPING MACHINES ... 27

Page iv

GLOSSARY OF TERMS

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

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

Agency: Using agencies shall mean and include all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations

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

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

Amendment: A written correction or alteration to a document

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

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

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

Best and Final Offer: In a competitive bid, the final offer submitted which contains bidder’s most favorable terms for price

Bid: An offer, bid, or quote submitted by a bidder/bidder in a response to a written Invitation to Bid

Bidder: A contractor/vendor who submits an offer bid 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 bid, purchase order or contract without expectation of conducting or performing at a later time

Collusion: An agreement or cooperation between two (2) 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 (2) 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 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 (2) 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 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 Bidder

Page v

Contract Period: The duration of the contract

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

Cooperative Purchasing: The combining of requirements of two (2) 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

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or goods provided by a Bidder

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 bidder’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award

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 Destination: The delivery charges are included in the quoted price and prepaid by the bidder. Bidder 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.

Grievance: A complaint about a governmental action or decision related to the solicitation or resultant contract, brought by a bidder who has timely submitted a bid in connection with the award in question, to AS Materiel Division or another designated Agency with the intention of achieving a remedial result

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 Bid: A bid that does not meet the requirements of the solicitation or cannot be evaluated against the other bids.

Invitation to Bid: A written solicitation utilized for obtaining competitive offers for Services or Goods

Late Bid: A bid received after the Opening Date and Time

Mandatory: Required, compulsory, or obligatory

May: Discretionary, permitted; used to express possibility

Must: See “Mandatory”

National Institute for 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 bids

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: Electronic procurement system of record

Point of Contact: The person designated to receive communications and to communicate

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

Page vi

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

Proposal: An offer, bid, or quote submitted by a contractor/vendor/bidder 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 service no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific named competitor(s) advantaged by release of the information and the demonstrated advantage the named competitor(s) would gain by the release of information Protest: see “Grievance”

Public Bid 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

Quote: See “Bid”

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 Period”

Request for Information: A general invitation to bidder is requesting information for a potential future solicitation. The Request for Information is typically used as a research and information gathering tool for preparation of a solicitation

Responsible Bidder: A Bidder 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 Bidder who has submitted a bid which conforms to all requirements of the ITB document

Shall: See “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

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 bidder enters a contract to perform a portion of the work awarded to the bidder

Termination: Occurs when the contract expires or 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 bidder to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office

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

Vendor 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.

Page vii

Will: See “Mandatory”

Page viii

ACRONYM LIST

ACH: Automated Clearing House

ARO: After Receipt of Order

BAFO: Best and Final Offer

DAS: Department of Administrative Services

FOB: Free on Board

ITB: Invitation to Bid

NDOR: Nebraska Department of Revenue

NIGP: National Institute for Governmental Purchasing

PA: Participating Addendum

PCO: Procurement Contract Officer

PCS: Procurement Contract Specialist

PFC: Payroll and Financial Center

POC: Point of Contact

RFI: Request for Information

SPB: State Purchasing Bureau

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

This ITB is designed to solicit bids from qualified Bidders who will be responsible for providing Cigarette Tax Stamps at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Bid instructions, and Cost Bid Requirements may be found in Sections II through VI.

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

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

Procurement responsibilities related to this ITB reside with SPB. The POC for the procurement is as follows:

ITB#: 6789 OF

Name: Julie Runge, PCS Christie Kelly, PCO Agency: State Purchasing Bureau Address: 1526 K Street Lincoln, NE 68508

Telephone: 402-471-6500

E-Mail: as.materielpurchasing@nebraska.gov

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

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 POC; and

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

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

mailto:as.materielpurchasing@nebraska.gov

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 ITB: May 23, 2023

2.

Last day to submit written questions:

Upload written questions for 6789 OF electronically via ShareFile to:

https://nebraska.sharefile.com/r-r9acb8c52762f4e0dba1a759d411af04c

June 5, 2023

3. State responds to written questions through an Addendum to be posted to the Internet at:

https://das.nebraska.gov/materiel/bidopps.html# June 8, 2023

4.

Electronic Bid Opening via Zoom:

Upload electronic Bid submissions for 6789 OF via ShareFile to:

https://nebraska.sharefile.com/r-rad7f570b8de341bd9c215bf9a66f7b1a

Zoom Meeting Information:

Topic: 6789 OF Bid Opening Cigarette Tax Stamps Time: Jun 1, 2023 02:00 PM Central Time (US and Canada)

Join Zoom Meeting https://us05web.zoom.us/j/3646224852?pwd=NkdSTTJKOGszOUFxK1g0YWJSZnZjZz09 Meeting ID: 364 622 4852 Passcode: XSuUM5

June 21, 2023

2:00 PM

Central Time

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any ITB provision must be submitted in writing to SPB and clearly marked “ITB Number 6789 OF; Cigarette Tax Stamps Questions”. POC is not obligated to respond to questions that are received late per the Schedule of Events.

Questions should be uploaded to ShareFile at https://nebraska.sharefile.com/r-r9acb8c52762f4e0dba1a759d411af04c but may also be emailed.

The Bidder Should present, as questions, any assumptions upon which the Bidder's bid is or might be developed. Bids will be evaluated without consideration of any known or unknown assumptions. The Contract will not incorporate any known or unknown assumptions.

It is recommended that questions be submitted using the following format:

ITB Section Reference ITB Page Number Question

Written answers will be posted at http://das.nebraska.gov/materiel/purchasing.html per the Schedule of Events.

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS (Statutory) All Bidders must be authorized to transact business in the State and comply with all Nebraska Secretary of State Registration requirements. The Bidder who is the recipient of an Intent to Award will be required to certify that it has complied and produce a true and correct 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 the United States Citizenship Attestation Form, available on the DAS website at: http://das.nebraska.gov/materiel/purchasing.html. This must be accomplished prior to execution of the contract.

F. ETHICS IN PUBLIC CONTRACTING

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

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. Utilize 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:

https://nebraska.sharefile.com/r-r9acb8c52762f4e0dba1a759d411af04c https://das.nebraska.gov/materiel/bidopps.html https://nebraska.sharefile.com/r-rad7f570b8de341bd9c215bf9a66f7b1a https://us05web.zoom.us/j/3646224852?pwd=NkdSTTJKOGszOUFxK1g0YWJSZnZjZz09 https://nebraska.sharefile.com/r-r9acb8c52762f4e0dba1a759d411af04c

4. Submitting a bid on behalf of another party or entity;

5. Collude with any person or entity to influence the bidding process, submit sham bids, preclude bidding, fix pricing or costs, create an unfair advantage, subvert the bid, 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 successful Bidder and their subcontractors.

G. DEVIATIONS FROM THE ITB

The requirements contained in this solicitation, Sections II through 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 VII must be clearly defined by the Bidder in its bid and, if accepted by the State, will become part of the contract. Any specifically defined exceptions must not be in conflict with the basic nature of the solicitation, solicitation requirements, or applicable state or federal laws or statutes. “Exception”, 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 exceptions and reserves the right to reject proposed exceptions.

H. SUBMISSION OF BIDS

The State is accepting electronically submitted bids for this ITB.

IT IS THE BIDDERS’ RESPONSIBILITY TO ENSURE ALL BIDS SHALL BE SUBMITTED AS INSTRUCTED BELOW, BE MANUALLY SIGNED IN AN INDELIBLE MANNER OR BY DOCUSIGN AND RECEIVED BY THE DATE AND TIME

INDICATED IN THE SCHEDULE OF EVENTS FOR EACH BID SUBMITTED TO BE EVALUATED.

***DO NOT SUBMIT DOCUMENTS THAT HAVE BEEN SAVED WITH A PASSWORD***

SUBMITTING DOCUMENTS THAT HAVE BEEN SAVED WITH A PASWORD MAY MAKE IT IMPOSSIBLE FOR SPB TO

DOWNLOAD YOUR BID/BID DOCUMENTS, THUS YOUR BID WILL BE NON-RESPONSIVE.

1. ELECTRONICALLY SUBMITTING ELECTRONIC BID(S)

a. Bidders should upload bid(s) via ShareFile to:

https://nebraska.sharefile.com/r-rad7f570b8de341bd9c215bf9a66f7b1a Not all browsers are compatible with ShareFile. Currently Chrome, Internet Explorer and Firefox are compatible, but Microsoft Edge is not.

b. After the bidder clicks the bid submission link, the bidder will be prompted to enter contact information including an e-mail address so that the bidder will receive a confirmation email confirming the successful upload directly from ShareFile.

c. The Bidder is solely responsible for any variance between the copies submitted.

d. If multiple bids are submitted, the State will retain only the most recently submitted response.

2. OTHER BID DOCUMENTS TO UPLOAD TO SHAREFILE

a. Any Proprietary information (if applicable) should be uploaded as separate and distinct files.

b. If it is the bidder’s intent to submit multiple bids, the bidder must clearly identify each submission separately

(see “Electronic ITB File Names” below).

c. It is the Bidder’s responsibility to submit the Electronic Bid(s) and be received by the date and time of the Bid

Opening indicated in the Schedule of Events.

d. Hardware, software, internet, user, or electronic issues will not excuse a late bid.

3. ELECTRONIC ITB FILE NAMES

a. The Bidder should clearly identify the uploaded Bid files.

b. Do not submit bid file(s) more than 30 days prior to the Bid Opening. Once file(s) are uploaded they are only available for 30 days.

c. DO NOT ADD ANY LANGUAGE TO THE NAMING CONVENTIONS BELOW. Long titles can make the files difficult to work with AND CAN MAKE YOUR BID/BID DOCUMENTS UNABLE TO DOWNLOAD

MAKING YOUR BID NON-RESPONSIVE.

d. If the bidder submits the bid/bid documents as one (1) complete packet (preferred method), please use the following naming convention:

• 6789 OF Cigarette Tax Stamp <<NAME OF BIDDER>> Bid.

e. If the bidder submits the bid/bid documents as separate files, please use the following naming convention(s):

• 6789 OF Cigarette Tax Stamp <<NAME OF BIDDER>> Bid, File 1, File 2, File 3, etc.….

f. If multiple bids are submitted for the same ITB number, follow the same naming convention as letter “e”, for example:

• 6789 OF Cigarette Tax Stamp <<NAME OF BIDDER>> Bid 2, File 1, File 2, File 3, etc.…

Emphasis Should be concentrated on conformance to the ITB. Bids Should be clear and complete. If the bid is not presented clearly or is difficult to discern, in the sole opinion of the State, the State reserves the right to reject the bid https://nebraska.sharefile.com/r-rad7f570b8de341bd9c215bf9a66f7b1a

It is the responsibility of the Bidder to check the website often for all information relevant to this ITB to include Addenda and/or Amendments issued prior to the Opening Date and Time. The website address is:

https://das.nebraska.gov/materiel/bidopps.html.

I. BID PREPARATION COSTS

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

J. FAILURE TO COMPLY WITH ITB

Violation of the terms and conditions contained in this ITB 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 bid;

2. Withdrawal of the Intent to Award;

3. Withdrawal of the Award;

4. Negative Bidder Performance Report(s)

5. Termination of the resulting contract;

6. Legal action; or,

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.

K. BID 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 bid 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 BIDS

All bids must be received by SPB by the date and time of the Bid Opening per the Schedule of Events. It is the Bidder’s responsibility to ensure timely submission and receipt and the State is not responsible for bids that are late or lost, regardless of cause or fault. No Late Bids will be evaluated. Late Bids may be returned to the bidder if requested by the Bidder within sixty

(60) Calendar days after this late bid was submitted and will at the Bidder's expense.

M. BID OPENING

Anyone may attend the opening. It is considered a public opening. The PCO will read the names of the respondents. Depending upon the complexity of the bid for goods, the PCO may read the bids aloud or allow bids to be available for viewing by the public during the bid opening. Once the bid opening has concluded, the bids will not be available for viewing until the Intent to Award has been posted. An initial bid tabulation will be posted to the website as soon as feasible. Information identified as proprietary by the submitting Bidder, 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 Bidder will be notified of the release and it shall be the obligation of the submitting Bidder to take further action if it believes the information should not be released.

N. ITB REQUIREMENTS

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

1. Original Commodity ITB form signed using an indelible method (electronic signatures are acceptable);

2. Clarity and responsiveness of the bid;

3. Completed Sections II through VI;

4. Completed ITB Form or State’s Bid Sheet.

O. EVALUATION OF BIDS

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

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 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.

https://das.nebraska.gov/materiel/bidopps.html https://ago.nebraska.gov/public_records/statutes

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 bid in accordance with Neb. Rev. Stat. § 73-107 and has so indicated on the ITB cover page under “Bidder must complete the following” requesting priority/preference to be considered in the award of this contract, the following will need to be submitted by the Bidder within ten

(10) business days of request:

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

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

3. Disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense; and

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

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

P. BEST AND FINAL OFFER

If BAFO’s are requested by the State and submitted by the Bidder, they will be evaluated (using the stated BAFO criteria) and ranked. The State reserves the right to conduct more than one (1) BAFO. The award will then be granted to the lowest responsible Bidder. However, a Bidder should provide its best offer in its original bid. Bidders should not expect that the State will request a BAFO.

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 bid in response to this ITB, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder’s clients. Reference and credit checks may be grounds to reject a bid, withdraw an intent to award, or rescind the award of a contract.

R. AWARD

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

1. Amend the solicitation;

2. Extend the time of or establish a new bid opening time;

3. Waive deviations or errors in the State’s solicitation process and in Bidder bids that are not material, do not compromise the solicitation process or a Bidder’s bid, and do not improve a Bidder’s competitive position;

4. Accept or reject a portion of or all of a bid;

5. Accept or reject all bids;

6. Withdraw the solicitation;

7. Elect to rebid the solicitation;

8. Award single lines or multiple lines to one (1) or more Bidders; or,

9. Award one (1) or more all-inclusive contracts.

The State of Nebraska may consider, but is not limited to considering, one (1) or more of the following award criteria:

1. Price;

2. Location;

3. Quality;

4. Delivery time;

5. Bidder qualifications and capabilities; and,

6. State contract management requirements and/or costs.

The solicitation does not commit the State to award a contract. Once intent to award decision has been determined, it will be posted to the Internet at: http://das.nebraska.gov/materiel/purchasing.html

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

Grievance and protest procedure is available on the Internet at: http://das.nebraska.gov/materiel/purchasing.html

S. SPECIFICATIONS

Any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are for reference and not intended to limit competition but will be used as the standard by which equivalent material offered will be judged. The Materiel Administrator or designee will be the sole judge of equivalency. The Bidder may offer any brands which meets or exceeds the specification. When a specific product is required, the ITB will so state. Any item bid is to be the latest current model under standard production at the time of order. No used or refurbished equipment will be accepted, unless otherwise stated.

T. SAMPLES

When requested, samples should be furnished at the Bidder’s expense prior to the opening of the bid, unless another time is specified. Each sample should be labeled clearly, and identify the Bidder’s name, the ITB number, item number, and the brand and model number, if applicable. Samples submitted must be the commodities or equipment which would be delivered if awarded the bid. The State reserves the right to request samples even though this may not have been set forth in the ITB. Samples may be destroyed in testing. If a sample is not destroyed in testing and a Bidder wishes to have the sample returned, it will be returned at the Bidder’s expense upon request. The sample will not be returned until thirty (30) calendar days after any bid protest or, the execution of a contract. The Bidder shall have ten (10) calendar days to arrange for the return of the sample to the Bidder following any of the above dates. If no request from the Bidder is received within the above dates, the State reserves the right to use, donate, or surplus the samples in accordance with the State’s policies.

U. ALTERNATE/EQUIVALENT BIDS

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

V. “LUMP SUM” OR “ALL OR NONE” BIDS

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

“LUMP SUM” OR “ALL OR NONE” BIDS SHOULD BE CONSPICUOUSLY MARKED ON THE FIRST PAGE OF THE ITB

AND BID SHEET (IF APPLICABLE)

W. EMAIL SUBMISSIONS

SPB will not accept bids by email, electronic, voice, or telephone bids except for one-time purchases under $50,000.00.

X. BID TABULATIONS

Bid tabulations are available on the website at: https://das.nebraska.gov/materiel/bidopps.html.

Y. REJECTION OF BIDS

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

Z. 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. The provision of this preference shall not apply to any contract for any project upon which federal funds would be withheld because of the provisions of this preference.

https://das.nebraska.gov/materiel/bidopps.html

II. TERMS AND CONDITIONS

Bidders should complete Section II through VII as part of their bid. Bidder is expected to read the Terms and Conditions and must initial either accept, reject, or reject and provide alternative language for each clause. The Bidder should also provide an explanation of why the Bidder rejected the clause or rejected the clause and provided alternate language using “Track Changes”. Upon request an electronic copy of the bid with “Track Changes” must be submitted in an editable Word format. By signing the solicitation, Bidder is agreeing to be legally bound by all the accepted Terms and Conditions, and any proposed alternative Terms and Conditions submitted with the bid. The State reserves the right to negotiate rejected or proposed alternative language. If the State and Bidder fail to agree on the final Terms and Conditions, the State reserves the right to reject the bid. The State is soliciting bids in response to the solicitation. The State reserves the right to reject bids that attempt to substitute the Bidder’s commercial contracts and/or documents for this solicitation.

The Bidder should submit with their bid any license, user agreement, service level agreement, or similar documents that the Bidder wants incorporated in the Contract. Upon notice of Intent to Award, the Bidder must submit a copy of these documents in an editable Word format. The State will not consider incorporation of any document not submitted with the Bidder’s bid. These documents shall be subject to negotiation and will be incorporated as addendums if agreed to by the Parties.

If a conflict or ambiguity arises after the addendums have been negotiated and agreed to, the addendums shall be interpreted as follows:

1. If only one (1) Party’s document has a particular clause, then that clause shall control;

2. If both Party’s documents have a similar clause, but the clauses do not conflict, the clauses shall be read together;

3. If both Party’s documents have a similar clause, but the clauses conflict, the State’s clause shall control.

A. GENERAL

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative

Response (Initial)

NOTES/COMMENTS:

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

1. ITB and Addenda;

2. Amendments to the solicitation;

3. Questions and Answers;

4. Bidder’s bid…