RFA - Innovation Platform.R2.pdf

NDERFA251008

State of Nebraska (Nebraska Department of Education)

REQUEST FOR APPLICATIONS

SOLICITATION NUMBER RELEASE DATE

NDERFA251008 – Innovation Grant Learning Platform October 20, 2025

OPENING DATE AND TIME PROCUREMENT CONTACT

November 3, 2025 at 2:00 p.m. Central Time Jessica Javorsky

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Nebraska Department of Education (NDE), Office of the Commissioner, is issuing this solicitation for a service contract for the purpose of selecting a qualified applicant to provide a three-dimensional game-based learning platform. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as NDE 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 NDE and the Vendor (Parties). The Contract may include the option to renew for three (3) additional 1-year periods upon mutual written agreement of the Parties, up to a maximum of four (4) years.

In the event that a contract with the awarded applicant(s) is cancelled or in the event that NDE needs additional Vendors to supply the solicited services, this solicitation may be used to procure the solicited services for up to eighteen (18) months from the date the Intent to Award is posted, provided that 1) the solicited goods or services will be provided by an applicant (or a successive owner) who submitted a response pursuant to this solicitation,

2) the applicant’s solicitation response was evaluated, and 3) the applicant will honor the applicant’s original solicitation response, including the proposed cost, allowing for any price increases that would have otherwise been allowed if the applicant would have received the initial award.

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

https://das.nebraska.gov/materiel/bidopps.html and https://www.education.ne.gov/nde-contract-opportunities/.

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.

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

The contents of this solicitation, and all responses, and all documentation provided therein, shall be the property of NDE and the data becomes public information. Per Neb. Rev. Stat. §84-602.04(4)(a), beginning July 1, 2014, a copy of all State contracts active on or after January 1, 2014 that are the basis for an expenditure of state funds will be made publicly available on a web site maintained by the Nebraska Department of Administrative Services.

The web site data base will also include any amendments to such contracts and any documents incorporated by reference in Nebraska Department of Administrative Services for such contracts. The web site will also contain a database that includes copies of all expired contracts which were previously included in the database of active contracts. The resulting contract, the Solicitation, and the awarded solicitation response will be posted online, and can be found on the NDE website at https://www.education.ne.gov/nde-contract-opportunities/ and at http://statecontracts.nebraska.gov and https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php.

If the Contractor wishes to have any information withheld from the public, such information must fall within the definition of proprietary information contained within Nebraska’s public record statutes. Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other proprietary and commercial information which if released would give advantage to business competitors and serve no public purpose (Neb. Rev. Stat. §84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, contractors submitting a written statement that information is proprietary may be required to prove specific, https://das.nebraska.gov/materiel/bidopps.htmla https://www.education.ne.gov/nde-contract-opportunities/ https://www.education.ne.gov/nde-contract-opportunities/a http://statecontracts.nebraska.gov/ http://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Although an effort may be made to withhold information that is properly submitted as proprietary and meets the State’s definition of proprietary information, as a state agency NDE is under no obligation to maintain confidentiality of proprietary information and accepts no liability for the release of such information.

All information in any submitted solicitation that the Vendor believes constitutes proprietary information that it wishes to have withhold from the public must be described in writing together with the basis for that belief and submitted to NDE prior to the time this Contract is executed.

CONTRACTORS MAY NOT HAVE THE ENTIRE CONTRACT DEEMED AS PROPRIETARY. Contract amounts are not proprietary information. Failure of the contractor to follow these instructions regarding proprietary information may result in the information being viewed by other businesses and the public. To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, or solicitation response for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a solicitation response, specifically waives any copyright or other protection the contract, or solicitation response may have; and acknowledges that they have the ability and authority to enter into such waiver. This reservation and waiver are a prerequisite for submitting a solicitation response, and award of a contract. Failure to agree to the reservation and waiver will result in the solicitation response being found non-responsive and rejected.

Any entity awarded a contract or submitting a solicitation response agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless NDE 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 NDE, arising out of, resulting from, or attributable to the posting of the contract or solicitation response, awards, and other documents.

ALL INFORMATION PERTINENT TO THIS REQUEST FOR APPLICATION CAN BE FOUND ON THE

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

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

Table of Contents

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

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE SOLICITATION

H. SUBMISSION OF SOLICITATION RESPONSES

I. SOLICITATION PREPARATION COSTS

J. FAILURE TO COMPLY WITH SOLICITATION

K. SOLICITATION RESPONSE CORRECTIONS

L. LATE SOLICITATION RESPONSES

M. BID OPENING

N. SOLICITATION REQUIREMENTS

O. EVALUATION COMMITTEE

P. EVALUATION OF SOLICITATION RESPONSES

Q. BEST AND FINAL OFFER

R. REFERENCE AND CREDIT CHECKS

S. AWARD

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

U. REJECTION OF SOLICITATION RESPONSES

V. PRICES & COST CLARIFICATION

W. VENDOR DEMONSTRATIONS

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. GOVERNING LAW

D. BEGINNING OF WORK & SUSPENSION OF SERVICES

E. AMENDMENT

F. RECORD OF VENDOR PERFORMANCE

G. NOTICE OF POTENTIAL VENDOR BREACH

H. BREACH

I. NON-WAIVER OF BREACH

J. SEVERABILITY

K. INDEMNIFICATION

ii. INTELLECTUAL PROPERTY

iii. PERSONNEL

iv. SELF-INSURANCE

L. ASSIGNMENT, SALE, OR MERGER

M. FORCE MAJEURE

N. CONFIDENTIALITY

O. EARLY TERMINATION

P. CONTRACT CLOSEOUT

Q. AMERICANS WITH DISABILITIES ACT

R. LOBBYING

III. VENDOR DUTIES

A. INDEPENDENT VENDOR / OBLIGATIONS

B. FOREIGN ADVERSARY CONTRACTING PROHIBITION ACT CERTIFICATION

C. EMPLOYEE WORK ELIGIBILITY STATUS

D. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT /

NONDISCRIMINATION

E. COOPERATION WITH OTHER VENDORS

F. DISCOUNTS

G. PRICES

H. PERMITS, REGULATIONS, LAWS

I. OWNERSHIP OF INFORMATION AND DATA / DELIVERABLES

J. INSURANCE REQUIREMENTS

1. WORKERS’ COMPENSATION INSURANCE

2. COMMERCIAL GENERAL LIABILITY INSURANCE AND COMMERCIAL AUTOMOBILE

LIABILITY INSURANCE

3. EVIDENCE OF COVERAGE

K. ANTITRUST

L. CONFLICT OF INTEREST

M. ADVERTISING

N. NEBRASKA TECHNOLOGY ACCESS STANDARDS

O. DISASTER RECOVERY/BACK UP PLAN

P. DRUG POLICY

Q. WARRANTY

R. TIME IS OF THE ESSENCE

IV. PAYMENT

C. INVOICES

D. PAYMENT

E. LATE PAYMENT

F. SUBJECT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS .. 29

G. RIGHT TO AUDIT

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A. PROJECT OVERVIEW

B. SCOPE OF WORK

VI. SOLICITATION RESPONSE INSTRUCTIONS

A. SOLICITATION RESPONSE SUBMISSION

a. APPLICANT IDENTIFICATION AND INFORMATION

b. FINANCIAL STATEMENTS

c. CHANGE OF OWNERSHIP

d. OFFICE LOCATION

e. RELATIONSHIPS WITH NDE AND THE STATE OF NEBRASKA

f. APPLICANT’S EMPLOYEE RELATIONS TO STATE

g. CONTRACT PERFORMANCE

h. SUMMARY OF APPLICANT’S CORPORATE EXPERIENCE

i. SUMMARY OF APPLICANT’S PROPOSED PERSONNEL/MANAGEMENT APPROACH .. 33

j. SUBCONTRACTORS

k. TECHNICAL RESPONSE

ATTACHMENT B: CONTRACTUAL AGREEMENT FORM

ATTACHMENT A: NDE VENDOR COST SHEET

GLOSSARY OF TERMS

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

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

Agent/Representative: A person authorized to act on behalf of another Amend: To alter or change by adding, subtracting, or substituting Amendment: A written correction or alteration to a document

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

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

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

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

Bid: See Solicitation Response

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

Applicant: A Vendor who submits a Solicitation Response

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

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

Business Day: Any weekday, except State-recognized holidays

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

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

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

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

Confidential Information: See Proprietary Information

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

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

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

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

Contract Period: The duration of the contract

Contractor: See Vendor

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

Cost Sheet: A required document that is completed by the vendor in the prescribed format to show the vendor’s pricing to provide the commodities or perform the services requested.

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

Default: The omission or failure to perform a contractual duty

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

Evaluation: The process of examining a solicitation response after opening to determine the applicant’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the solicitation response that relate to determination of the successful award

Evaluation Committee: Individual(s) identified by the agency that leads the solicitation to evaluate solicitation responses

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 Adversary: Foreign adversary means a foreign adversary as determined pursuant to 15 C.F.R. 791.4 and Neb.

Rev. Stat. § 73-903

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

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

Installation Date: The date when the procedures described in “Installation by Vendor“ and “Installation by NDE” as found in the solicitation or contract are completed

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

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

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

Mandatory: Required, compulsory, or obligatory

May: Discretionary, permitted; used to express possibility

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

Must: See Shall

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

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

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

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

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

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

Personal Property: See Goods

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

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

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

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

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

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: See Solicitation Response

Proprietary Information: Trade secrets, academic and scientific research work that is in progress and unpublished, or other information that, if released, would give an advantage to business competitors and serve 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 the release of the information and the demonstrated advantage the named competitor(s) would gain by the release of such information by the State.

Protest/Grievance: A complaint about a governmental action or decision related to the solicitation or resultant contract under NDE’s Appeals Process.

Quote: See Solicitation Response

Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent used by NDE as recommended by the Vendor

Release Date: The date of public release of the solicitation

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

Request for Applications (RFA): See Solicitation

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

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

Shall: An order/command; mandatory

Should: Expected; suggested, but not necessarily mandatory

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

Solicitation: A formal invitation to receive quotes in the form of a Request for Applications

Solicitation Conference: A meeting scheduled for the purpose of clarifying a written solicitation and related expectations

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

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

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

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

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

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

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

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

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

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

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

Will: See Shall

Work Day: See Business Day

ACRONYM LIST

ACH – Automated Clearing House

ARO – After Receipt of Order

BAFO – Best and Final Offer

COI – Certificate of Insurance

CPU – Central Processing Unit

DAS – Department of Administrative Services

F.O.B. – Free on Board

ICT – Information and Communication Technology

PA – Participating Addendum

RFA – Request for Applications

NDE – Nebraska Department of Education

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

This solicitation is designed to solicit responses from qualified applicants who will be responsible for providing an Innovation Grant Learning Platform at a competitive and reasonable cost.

Solicitation responses shall conform to all instructions, conditions, and requirements included in the solicitation.

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

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

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

RFA: NDERFA251008 – Innovation Grant Learning Platform Name: Procurement Specialist Agency: Nebraska Department of Education Address: 500 S. 84th St.

Lincoln, NE 68510-2611 Telephone: (531) 207-3096 E-Mail: nde.procurement@nebraska.gov

From the date the solicitation is issued until the Intent to Award is issued, communication from the applicant is limited to the POC listed above. After the Intent to Award is issued, the applicant may communicate with individuals NDE has designated as responsible for negotiating the contract on behalf of the Agency. No member of the State Government, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this solicitation. The POC will issue any answers, clarifications, or amendments regarding this solicitation in writing.

Only NDE can award a contract. Applicants shall not have any communication with or attempt to communicate or influence any evaluator involved in this solicitation.

The following exceptions to these restrictions are permitted:

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

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

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

C. SCHEDULE OF EVENTS

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

Schedule of Events

ACTIVITY DATE/TIME

1. Release RFA October 20, 2025

2.

Last day to submit written questions.

Please submit questions to: nde.procurement@nebraska.gov October 27, 2025

3.

NDE responds to written questions through Request for Application “Addendum” and/or “Amendment” to be posted to the internet at:

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

October 30, 2025

4. RFA Submission Due Date – late proposals will not be accepted and will be returned unopened to Vendor

November 3, 2025

2:00 PM

Central Time

5.

Electronic Solicitation Opening – Online Via Zoom

IT IS THE APPLICANT’S RESPONSIBILITY TO SEND SOLICITATIONS

BY ELECTRONIC MAIL BY THE OPENING DATE AND TIME.

EXCEPTIONS TO THE REQUIREMENT FOR ELECTRONIC SUBMISSION

OF SOLICITATIONS DUE TO TECHNOLOGY ISSUES MUST BE PRE-

APPROVED BY NDE PROCUREMENT AND SHALL BE DETERMINED

ON A CASE-BY-CASE BASIS.

Submit Applications via email to: NDE.Procurement@Nebraska.gov

Join Zoom Meeting: https://educationne.zoom.us/j/97598662981

November 3, 2025

2:00 PM

Central Time

6. Evaluation period Nov 3 – 14, 2025

7. Oral Interviews/Presentations and/or Demonstrations Not Intended

8.

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

https://das.nebraska.gov/materiel/bid-opportunities.html and/or https://www.education.ne.gov/nde-contract-opportunities-2/ December 8 – 9, 2025

9. Contract finalization period December 10 – January 15,

10. Contract award January 19, 2026

11. Vendor start date January 20, 2026 mailto:nde.procurement@nebraska.gov http://das.nebraska.gov/materiel/purchasing.html mailto:NDE.Procurement@Nebraska.gov https://educationne.zoom.us/j/97598662981 https://das.nebraska.gov/materiel/bid-opportunities.html

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any solicitation provision must be submitted in writing to NDE and clearly marked “Solicitation Number NDERFA251008; Innovation Grant Learning Platform Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

Applicants should submit questions for any items upon which assumptions may be made when preparing a response to the solicitation. Any solicitation response containing assumptions may be deemed non-responsive and may be rejected by NDE. Solicitation responses will be evaluated without consideration of any known or unknown assumptions of an applicant. The contract will not incorporate any known or unknown assumptions of an applicant.

Questions should be emailed in PDF format to nde.procurement@nebraska.gov. It is required that applicants submit questions using the following format:

RFA

Section Reference

RFA

Page Number

Question

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

E. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS

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

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

F. ETHICS IN PUBLIC CONTRACTING

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

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

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

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

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

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

The applicant shall include this clause in any subcontract entered into for the exclusive purpose of performing this contract. Applicant shall have an affirmative duty to report any violations of this clause by the applicant throughout the bidding process and throughout the term of this contract for the awarded applicant and their subcontractors.

G. DEVIATIONS FROM THE SOLICITATION

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

H. SUBMISSION OF SOLICITATION RESPONSES

NDE is only accepting electronic responses submitted by email in accordance with this solicitation. NDE will not accept solicitation responses by mail or hand delivery unless expressly approved in writing by NDE prior to submission.

mailto:nde.procurement@nebraska.gov

Pages may be consecutively numbered for the entire solicitation response 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 Responses 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 Response so that the applicant’s understanding of the scope of work may be evaluated. The Technical Response shall disclose the applicant’s technical requirements in as much detail as possible, including, but not limited to, the information required by the Technical Response instructions.

It is the applicant’s responsibility to ensure the solicitation response is received electronically by the date and time indicated in the Schedule of Events. Solicitation Responses must be submitted via Email in PDF format by the date and time of the opening per the Schedule of Events. NDE reserves the right to reject late solicitation responses as non-conforming.

It is the responsibility of the applicant to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. The website can be found here:

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

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

***UNLESS OTHERWISE NOTED, DO NOT SUBMIT DOCUMENTS

THAT CAN ONLY BE ACCESSED WITH A PASSWORD***

1. Applicants must submit responses via Email in PDF format.

i. The Solicitation response and Proprietary information should be attached as separate and distinct files.

i. If duplicated responses are submitted, NDE will retain only the most recently submitted response.

ii. If it is the applicant’s intent to submit multiple responses, the applicant must clearly identify the separate submissions.

iii. It is the applicant’s responsibility to allow time for electronic uploading. All documents must be emailed in PDF format by the Opening date and time per the Schedule of Events. No late responses will be accepted

ii. ELECTRONIC SOLICITATION RESPONSE FILE NAMES The applicant should clearly identify the emailed solicitation response files. To assist in identification the applicant should use the following naming convention:

i. NDERFA251008 Company Name If multiple files are submitted for one solicitation response, add number of files to file names:

NDERFA251008 Company Name File 1 of 2 NDERFA251008 Company Name File 2 of 2

ii. If multiple responses are submitted for the same solicitation, add the response number to the file names:

NDERFA251008 Company Name Response 1 File 1 of 2

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

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

I. SOLICITATION PREPARATION COSTS

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

J. FAILURE TO COMPLY WITH SOLICITATION

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

1. Rejection of an applicant’s solicitation response,

2. Withdrawal of the Intent to Award,

3. Withdrawal of the Award,

4. Negative documentation regarding Vendor Performance,

5. Termination of the resulting contract,

6. Legal action; and

7. Suspension or Debarment of the applicant 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 NDE.

K. SOLICITATION RESPONSE CORRECTIONS

An applicant may correct a mistake in an electronically submitted solicitation response prior to the time of opening by uploading a revised and completed solicitation response.

1. If a corrected electronic solicitation response is submitted, the file name(s) date/time stamped with latest date/time stamp will be accepted. The corrected solicitation response file name(s) should be identified as:

i. Corrected NDERFA251008 Company Name Response #1 File 1 of 2,

ii. Corrected NDERFA251008 Company Name Response #2 File 2 of 2, etc.

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

L. LATE SOLICITATION RESPONSES

Solicitation Responses received after the time and date of the opening will be considered late responses. NDE reserves the right to reject late solicitation responses as non-conforming. NDE is not responsible for responses that are late or lost regardless of cause or fault.

M. BID OPENING

The opening will consist of opening solicitation responses and announcing the names of applicants. Responses WILL NOT be available for viewing by those present at the opening. Once responses are opened, they become the property of NDE and will not be returned.

N. SOLICITATION REQUIREMENTS

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

1. Corporate Overview;

2. Completed Sections II through IV;

3. Technical Response;

4. Cost Sheet. (Attachment A);

5. Completed Contractual Agreement Form (Attachment B); and

6. Questionnaire (Attachment C)

O. EVALUATION COMMITTEE

Solicitation Responses are evaluated by members of an Evaluation Committee(s). The Evaluation Committee(s) will consist of individuals selected at the discretion of NDE.

The Evaluation Committee(s) are required to complete a conflict of interest form. Any contact, attempted contact, or attempt to influence an evaluator that is involved with this Solicitation may result in the rejection of this response and further administrative actions.

P. EVALUATION OF SOLICITATION RESPONSES

All solicitation responses that are deemed responsive to the solicitation will be evaluated. Each evaluation category will have a maximum point potential. NDE will conduct a fair, impartial, and comprehensive evaluation of all responses in accordance with the criteria set forth below. Areas that will be addressed and scored during the evaluation include:

1. Corporate Overview may include, but is not limited to:

i. the ability, capacity, and skill of the applicant to deliver and implement the system or project that meets the requirements of the Solicitation;

ii. the character, integrity, reputation, judgment, experience, and efficiency of the applicant;

iii. whether the applicant can perform the contract within the specified time frame;

iv. the applicant’s historical or current performance; and

v. such other information that may be secured and that has a bearing on the decision to award the contract.

In evaluating the corporate overview, NDE may consider, past experiences with the vendor, references, the State’s record of the vendor which may include, but is not limited to Vendor Compliance Request, Contract Non- Compliance Notice, vendor performance reports, and any information related to the vendor’s historical or current character, integrity, reputation, capability, or performance with NDE, the State or a third-party.

2. Technical Responses and

3. Cost Sheet.

Neb. Rev. Stat. § 73-808 allows State agencies to consider a variety of factors, including, but not limited to, the quality of performance of previous contracts to be considered when evaluating responses to competitive solicitations in determining a responsible bidder. Information obtained from any Contract Compliance Request or any Contract Non- Compliance Notice may be used in evaluating responses to solicitations for goods and services to determine the best value for NDE.

Neb. Rev. Stat. § 73-107 allows for a preference for a resident disabled veteran or business located in a designated enterprise zone. When a state contract is to be awarded to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder, if all other factors are equal. Resident disabled veterans means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (b)(i) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in (a) of this paragraph and (ii) the management and daily business operations of the business are controlled by one or more persons described in (a) of this paragraph. Any contract entered into without compliance with this section shall be null and void.

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

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

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

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

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

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

Q. BEST AND FINAL OFFER

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

NDE reserves the right to conduct more than one BAFO. If requested by NDE, the BAFO must be submitted on the BAFO Cost Sheet and in accordance with NDE’s instructions. Failure to submit a requested BAFO or failure to submit a BAFO in accordance with NDE’s instructions may result in rejection of the applicant’s entire solicitation response.

BAFOs may be scored and ranked by the Evaluation Committee.

R. REFERENCE AND CREDIT CHECKS

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

S. AWARD

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

1. Amend the solicitation;

2. Extend the date and time of a solicitation;

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

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

5. Accept or reject all responses;

6. Withdraw the solicitation;

7. Elect to re-release the solicitation;

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

9. Award one or more all-inclusive contracts.

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

Any protests must be filed by an applicant within ten (10) business days after the intent to award decision is posted to the Internet. Grievance and protest procedure is available on the NDE website or can be requested from NDE.Procurement@nebraska.gov.

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

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

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

OF THE SOLICITATION AND COST SHEET (IF APPLICABLE)

U. REJECTION OF SOLICITATION RESPONSES

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

V. PRICES & COST CLARIFICATION

Discount and Price provisions are discussed in Sections III.F. and III.G. NDE reserves the right to review all aspects of cost for reasonableness and realism as those terms are defined in (Neb. Rev. Stat. § 73-810 (1) (a) and

(b) NDE may request clarification of any solicitation where the cost component indicates a significant and unsupported deviation from industry standards or in areas where detailed pricing is required. Under Neb. Rev. Stat.

§ 73-810 (2), NDE may reject a bid if the price is not reasonable or realistic.

W. VENDOR DEMONSTRATIONS

NDE may determine that oral interviews/presentations and/or demonstrations are required. Every applicant may not be given an opportunity to interview/present and/or give demonstrations; NDE reserves the right, in its discretion, to select only the top scoring applicants to present/give oral interviews. The scores from the oral interviews/presentations and/or demonstrations will be added to the scores from the Corporate Overview, Technical Response, and Cost Sheets. The presentation process will allow the applicants to demonstrate their solicitation response offering, explaining and/or clarifying any unusual or significant elements related to their solicitation responses. Applicants’ key personnel, identified in their solicitation response, may be requested to participate in a structured interview to determine their understanding of the requirements of this solicitation response, their authority and reporting relationships within their firm, and their management style and philosophy. Only representatives of the State and the presenting applicant will be permitted to attend the oral interviews/presentations and/or demonstrations.

A written copy or summary of the presentation, and demonstrative information (such as briefing charts, etc.) may be offered by the applicant, but NDE reserves the right to refuse or not consider the offered materials. Applicants shall not be allowed to alter or amend their solicitation responses.

mailto:NDE.Procurement@nebraska.gov

Once the oral interviews/presentations and/or demonstrations have been completed, NDE reserves the right to make an award without any further discussion with the applicants regarding the solicitation responses received.

Any cost incidental to the oral interviews/presentations and/or demonstrations shall be borne entirely by the applicant and will not be compensated by NDE.

II. TERMS AND CONDITIONS

Applicant should read the Terms and Conditions within this section and must initial either “Accept All Terms and Conditions Within Section as Written” or “Exceptions Taken to Terms and Conditions Within Section as Written” in the table below. If exception is not taken to a provision, it is deemed accepted as stated. If the applicant takes any exceptions, they must provide the following within the “Exceptions” field of the table below (Applicant may provide responses in separate attachment if multiple exceptions are taken):

1. The specific clause, including section reference, to which an exception has been taken;

2. An explanation of why the applicant took exception to the clause; and

3. Provide alternative language to the specific clause within the solicitation response.

By signing the solicitation, applicant agrees to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the solicitation response. NDE reserves the right to negotiate rejected or proposed alternative language. If NDE and applicant fail to agree on the final Terms and Conditions, NDE reserves the right to reject the solicitation response. NDE reserves the right to reject solicitation responses that attempt to substitute the applicant’s commercial contracts and/or documents for this solicitation.

Accept All Terms and Conditions

Within Section as

Written (Initial)

Exceptions Taken to

Terms and Conditions

Within Section as

Written (Initial)

Exceptions:

(Applicant must note the specific clause, including section reference, to which an exception has…