February 21, 2026

Nebraska Department of Water, Energy, and Environment

Attn: Procurement Evaluation Committee

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program

Lincoln, Nebraska

Dear Evaluation Committee Members, Carbon A List dba Transform Ag (Transform Ag) is pleased to submit our proposal for the ONE

RED Ag Data Bank and Grants Program (RFP 124065 O5). We appreciate the opportunity to partner with NDWEE to design, implement, and operate a secure, compliant, and producer-centered platform that advances a cornerstone component of the ONE RED initiative—one that directly enables measurable, durable emissions reductions in Nebraska agriculture while maintaining producer trust and program integrity.

Transform Ag brings trust, experience and an assurance-first, agriculture-centered approach to the design and operation of the Carbon Intensity (CI) Data Bank and the associated

Regenerative and Precision Agriculture Grants Program. Transform Ag has direct and relevant experience in running farmer-first programs to bring value through on-farm emissions reductions and decarbonization.

We know and appreciate the importance of system development, daily operations, CI score validation, grant workflow management, payment processing, audit readiness, and farmer support. We are prepared to deliver and manage an integrated Ag Data Bank and grant administration system that functions reliably, transparently, and in full alignment with state and federal requirements.

Transform Ag is partnering with Verity for this proposal. Together, Transform Ag and Verity are uniquely positioned to deliver this program quickly, accurately and at scale. Compliance and risk mitigation are foundational to our approach. The proposed platform is designed to meet

NIST cybersecurity standards, support GREET-based CI score validation, retain and reconstruct historical data for audit purposes, and ensure rigorous financial controls around identity verification, payment authorization, and reconciliation. We have structured our financial controls and oversight framework to ensure accuracy, accountability, and audit readiness from day one.

We recognize NDWEE’s expectation that administrative and operational costs remain disciplined in order to maximize funding available to Nebraska producers. Our implementation and operating model is intentionally efficient, scalable, and aligned with the program’s goal of enrolling up to 10,000 producers over the contract term. By combining structured governance, automated validation workflows, and strong internal controls, we deliver a system that supports growth while maintaining cost integrity.

Farmer experience is central to program success. The proposed single, integrated portal is designed for ease of use, clear communication, and practical decision support. We will serve as the first point of contact for farmers, providing support, structured training resources, and oversight mechanisms that ensure consistent CI score submission and validation processes.

Transform Ag is committed to serving as a trusted implementation partner to NDWEE—one that reduces program risk, supports regulatory and audit needs, and delivers real value to Nebraska farmers and communities. We appreciate your consideration of this proposal and welcome the opportunity to further discuss our approach.

Sincerely, Chandler Mazour

Director of Farmer & Partner Success

Carbon A List dba Transform Ag

Chan@transformf2c.com

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 2

Bidder: Carbon A List, LLC dba Transform Ag

Address: P.O. Box 42, Morrisville, NC 27560

Executive Summary Carbon A List, LLC dba Transform Ag proposes to serve as the fiduciary and administrative lead for

Nebraska’s ONE RED Ag Data Bank and Grants Program, delivering a secure, scalable, and farmer-centered platform that integrates carbon intensity (CI) data management, grant administration, payment processing, compliance oversight, and audit-ready reporting into a unified enterprise system.

Transform’s approach combines experienced grant administration and financial stewardship and partnership with Verity’s (as a sub-contractor) proven agricultural software platform to rapidly deploy a trusted statewide CI Data Bank and Grants Digital Interface. The system enables NDWEE-approved service providers to securely submit verified CI scores and cropping data, while producers access a clear dashboard to monitor scores, grant participation, and real-time payment status. The platform is designed with strict data sovereignty protections, per-producer database isolation, encryption in transit and at rest, role-based access controls, and annual independent cybersecurity audits aligned with appropriate frameworks.

A core strength the Transform Ag and Verity platform support proposal is its disciplined fiduciary and compliance infrastructure. A fully integrated Enterprise Resource Planning (ERP) system and Contract

Lifecycle Management (CLM) platform ensure segregation of duties, dual-authorization ACH payment controls, IRS reporting compliance, and real-time tracking. Automated payment rules engines, reconciliation dashboards, and audit-ready documentation provide NDWEE with full transparency and control.

The project is structured in phased implementation from 2026 through 2030, beginning with administrative readiness and infrastructure build, followed by pilot payment deployment, full-scale enrollment expansion, audit stabilization, and long-term sustainability planning. The system is designed to scale to thousands of producers statewide while maintaining performance reliability (99.5% uptime), cybersecurity integrity, and regulatory compliance.

Transform Ag’s proposal positions the ONE RED program as a strong administrative engine that delivers measurable carbon intensity reductions, transparent public accountability, and efficient producer payments—further establishing Nebraska as a national leader in agricultural emissions-reduction program administration.

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 3

Corporate Overview

Organization Overview

A) Bidder Identification and Information

Carbon A List, LLC dba Transform Ag

P.O. Box 42

Morrisville, NC 27560

Carbon A List dba Transform Ag is a Colorado-based limited liability corporation

Incorporated in 2021

The business has changed from a sole proprietorship to a partnership and back to a limited liability corporation.

B) Please see the attached financial statements and most recent audit report.

C) No change of ownership is expected during the 12 months following the solicitation response due date.

D) Office Location:

P.O. Box 42

Morrisville, NC 27560

E) Transform Ag, nor anyone named in the solicitation response, has not had any dealings with the

State over the previous three (3) years.

F) Transform Ag does not employ anyone that is or was an employee of the State within the past six

(6) months.

G) Transform Ag, nor any proposed subcontractor, has not had a contract terminated for default during the past 5 years.

H) Summary of bidder’s corporate experience:

Bidder: Transform Ag

Title: Transforming and Growing Markets for American Farmers

The time period of the project: June 12, 2023-June 12, 2028 (currently planned)

The scheduled and actual completion dates: Currently planned on-schedule completion date of June 12, 2028

The bidder’s responsibilities:

Prime awardee responsible for the following:

• Design and manage a structured, milestone-driven agricultural implementation program.

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 4

• Enroll and support farmers in adopting approved conservation and production practices.

• Coordinate partnerships across farmers, processors, NGOs, researchers, and private-sector stakeholders.

• Build and maintain data systems for reporting, verification, and market participation.

• Ensure compliance with cooperative agreements and funding requirements.

• Align incentives, technical assistance, and operational workflows to reduce risk for participants.

• Translate research, pilot programs, and partner goals into scalable, on-farm outcomes.

In addition, Transform has developed the following for implementation across Nebraska and 17 other states.

I. Expertise implementing secure platforms to handle sensitive data, encryption protocols, cybersecurity best practices, and compliance for federal contracting.

II. Building a system to handle digital payment systems and integrating automated payment solutions with ACH and check transfers for streamlined payments to farmers.

1. Implementing a farmer-first program for enrollment, contracting, payments and user experience and interface design to ensure the platform is intuitive, especially for non-technical users. This included technical support through field representatives to support non-technical users.

III. Successfully deploying and operating a mobile-friendly design to ensure the platform is accessible across devices, particularly for users in rural or remote areas.

1. Successful customer support through multiple channels with near real-time help for system navigation and technical issues.

IV. Farmer data collection, processing and reporting for federal payments to farmers across 18 states

– including Nebraska.

V. Reporting to federal agencies and partners

VI. Sub-contracting to ensure best in class development and support in operating the program

Customer name:

United States Department of Agriculture

Contact: Eric Hansen

Phone number: (202) 590-6902

Facsimile number: N/A

Email address: Eric.Hansen@usda.gov

Original budget: $82,522,634.00

Currently planned budget: $82,872,568.00

I) PERSONNEL/MANAGEMENT APPROACH

Transform will serve as the fiduciary and administrative lead for the ONE RED program, with dedicated internal staff responsible for governance, financial management, compliance oversight, and payment operations. The Transform team will include executive project leadership to oversee program delivery and state coordination; a Compliance Director to manage federal and state grant

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 9

Cost Minimization

The project will minimize transaction costs by leveraging the existing extensive networks of the project partners to engage with farmers and scale-focused model––for recruitment, outreach, training, and education–– enabling the project to avoid costs associated with identifying interested farmers on an individual basis. The scale-focused model utilizes Transform staff and subcontract support to rapidly grow with the needs of the program.

The project will utilize a scale-focused model to flex and grow to meet the farmer enrollment volume demands of the project. The project will also digitize and minimize manual processes for the creation of low-CI agricultural commodities using Transform Ag’s farmer enrollment and financial processes and

Verity’s software platform for the measurement reporting and verification (MRV) services, tracking, and transacting of differentiated commodities based on environmental and social performance metrics. The project will develop, deploy, and disseminate Verity’s flexible and extensible MRV platform for the state of Nebraska that creates efficient market mechanisms to facilitate the monetization and scaling of climate-smart commodities, GHG benefit attributes, and related instruments.

II. Technical Response

A. Understanding of the project requirements

Transform understands that the ONE RED Ag Data Bank and Grants Program require the creation of a secure, compliant, and producer-centered infrastructure capable of administering funding directly to producers.

The project requires two integrated components: (1) a secure CI Data Bank platform to intake, validate, and manage carbon intensity data using GREET-aligned methodologies with full audit logging and cybersecurity safeguards; and (2) a rules-driven grant and payment system that automates incentive calculations and integrates with ACH/direct deposit platforms to deliver timely, accurate payments with real-time tracking and reporting.

Beyond technology, the program demands strong governance, fiduciary controls, audit readiness, contracting oversight, field-level producer support, and disciplined financial management. Success will be measured by payment accuracy and speed, defensible CI validation, transparency, and strict compliance with state and federal requirements.

We understand that ONE RED is focused on implementation of a fully operational, accountable grant administration and data infrastructure that delivers measurable value to Nebraska producers while maintaining the highest standards of public stewardship.

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 10

B. Proposed development approach

Transform proposes to partner with Verity Holdings, LLC (Verity) (in a subcontractor role) to deliver the

Nebraska ONE RED Ag Data Bank & Grants Program as an assurance-first, farmer-centered system that enables the Nebraska Department of Water, Energy, and Environment (NDWEE) to rapidly establish a trusted statewide foundation for measuring, managing, and reducing agricultural carbon intensity (CI).

Transform is partnering with Verity to deliver an approach that aligns technical rigor, audit readiness, and farmer trust so that Nebraska’s investment translates into durable greenhouse gas (GHG) emissions reductions and long-term market value for producers.

Speed-to-Scale and Year-One Baseline Establishment

A defining strength of Transform’s approach is the ability to move quickly from contract execution to meaningful statewide participation. Because Transform and Verity already work with agronomic service providers, precision agriculture technology partners, and farmer-facing intermediaries with active footprints and trusted relationships in Nebraska, the program can be operationalized without a prolonged market education phase.

Transform recommends that Year One (2026) explicitly focus on establishing an operational foundation and setting a Nebraska agricultural carbon intensity baseline, in coordination with NDWEE, if such a baseline does not already exist. During this period, this project will prioritize:

Establishing operational infrastructure for farmer enrollment, data collection, digital security and ACH payment processing.

• Rapid onboarding of NDWEE-approved CI Score vendors and farmers

• Registration of initial CI scores across a broad and representative set of operations, including small, medium-sized, and LIDAC-adjacent producers

• Documentation of methodologies, assumptions, and data flows to create a defensible, auditable baseline reference point

This baseline year establishes the analytical and operational foundation required to track progress, validate program effectiveness, and confidently achieve the targeted emissions reductions by 2030.

Conclusion

In order to accomplish the compressed timeline and the goals of the project, the Transform Ag team proposes an iterative development approach starting immediately with an off-the-shelf solution from our partnered vendor Verity’s CultivateAI proven/off-the-shelf software for quick deployment for 500 growers in June of 2026 (See Figure 1. Technical Requirements 2. PI & CI GRANTS DIGITAL

INTERFACE) to enable digital data sharing and reporting in a One Red Enterprise Portal, while in parallel, starting design and development for the completely separate cloud-based ONE RED Ag Data

Bank database (See Figure 1. Technical Requirements 1. Data Bank).

Figure 1. One Red System Overview with off-the-shelf Grower and Enterprise reporting and separate cloud-based One Red Ag Data Bank Database

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 11

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 17

Ad

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 44 o Audit logging

• ERP/CLM vendor selection completed

• Cybersecurity risk assessment baseline completed

Deliverable:

Administrative Readiness Plan + Approved Budget Allocation Model

Phase 1 – Infrastructure Build & Compliance Framework (Q2–Q4 2026)

Objective: Stand up financial, legal, and compliance backbone

Milestones

Governance & Internal Controls

• Board-level governance charter adopted with NDWEE

• Conflict-of-interest policy implemented

• Procurement policy finalized

• Internal audit framework adopted

ERP Implementation – Phase 1

• ERP system configured:

o Grant accounting structure o Segregated funds tracking o Producer payment coding

• Payment approval workflows built

• Role-based access controls deployed

• Initial financial reporting dashboards live

CLM Implementation – Phase 1

• Contract templates developed

• Vendor and ASP contract workflows built

• Version control + audit trail activated

Staffing

• Core Transform team onboarded:

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 45 o Project Leadership o Compliance Director o Finance Director o Senior Accountant o Payment Operations Manager

• Cybersecurity lead hired or contracted

Financial Controls

• ACH disbursement controls designed

• Dual-authorization payment protocol implemented

• 1099 and IRS integration tested

Deliverable:

Operational Administrative Platform (Finance + Contracts + Controls) with enrollment of estimated 500 producers

Phase 2 – Pilot Operations & Payment Deployment (2027)

Objective: Execute first controlled producer payment cycle

Milestones

Payment Operations

• First producer enrollment cohort processed

• First ACH payment batch tested and executed

• Reconciliation cycle completed within 30 days

• Payment error rate < 1%

Compliance Monitoring

• Documentation validation workflow live

• Federal reporting templates automated

• Monthly financial dashboard delivered to state

ERP – Phase 2

• Advanced reporting dashboards activated

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 46

• Budget burn rate monitoring live

• Real-time 92% producer compliance tracker deployed

CLM – Phase 2

• Contract milestone tracking live

• Performance-based payment triggers activated

• Audit-ready contract repository validated

Audit Readiness

• Mock audit conducted

• Corrective action plan closed

Deliverable:

Verified Payment & Compliance Operations Model with enrollment of estimated 2000 producers

Phase 3 – Full-Scale Administration & Audit Stabilization (2028)

Objective: Scale while maintaining audit integrity

Milestones

• Producer enrollment scaled to target levels

• Monthly reconciliation cycle reduced to < 15 days

• Annual independent audit completed

• Clean audit opinion achieved

• Fraud detection and anomaly monitoring deployed

• Insurance and bonding coverage finalized

• Data retention and records management system certified

ERP – Optimization

• Forecasting tools integrated

• Multi-year obligation tracking active

• Administrative cost cap auto-monitoring system deployed

CLM – Optimization

• Renewal alerts automated

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 47

• Compliance tracking linked to payment authorization

Deliverable:

Audit-Ready, Scalable Administrative System with enrollment of estimated 2000-3000 producers

Phase 4 – Performance Optimization & Sustainability (2029)

Objective: Increase efficiency while preserving compliance

Milestones

• Administrative cost ratio maintained ≤ 8%

• Automated compliance validation expanded

• Annual audit (Year 2) completed clean

• Reserve and contingency planning model implemented

• Long-term operational sustainability plan drafted

Deliverable:

Optimized Administrative Engine with enrollment of estimated 2000-3000 producers

Phase 5 – (2030)

Objective: Ensure compliant program completion and transition readiness

Milestones

• Final producer payments disbursed

• Final audit completed

• All 1099 reporting finalized

• Grant financial reconciliation completed

• Records archived per federal requirements

• Closeout report submitted

• Sustainability/continuation model delivered to state

Deliverable:

Initial Term Closeout & Administrative Continuity Plan with enrollment of estimated 2000-3000 producers

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 48

SOLICITATION SECTIONS II THROUGH IV

TERMS AND CONDITIONS

Bidder 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.

Accept All Terms and Conditions

Within Section as

Written (Initial)

Exceptions Taken to

Terms and Conditions

Within Section as

Written (Initial)

Exceptions:

(Bidder must note the specific clause, including section reference, to which an exception has been taken, an explanation of why the bidder took exception to the clause, and provide alternative language to the specific clause within the solicitation response.)

VENDOR DUTIES

Bidder should read the Vendor Duties within this section and must initial either “Accept All Terms and

Conditions Within Section as Written” or “Exceptions Taken to Vendor Duties Within Section as Written” in the table below.

Vendor Duties Within

Section as Written (Initial)

Exceptions Taken to Vendor

Duties Within Section as

Written (Initial)

Exceptions:

(Bidder must note the specific clause, including section reference, to which an exception has been taken, an explanation of why the bidder took exception to

PAYMENT

By signing the solicitation, bidder agrees to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the solicitation response.

RFP 124065 O5 – ONE RED Ag Data Bank & Grants Program 49

Payment Clauses Within

Section as Written (Initial)

Exceptions Taken to Payment Clauses Within

Section as Written (Initial)

Exceptions:

(Bidder must note the specific clause, including section reference, to which an exception has been taken, an explanation of why the bidder took exception to

CONTRACTUAL AGREEMENT FORM

BIDDER MUST COMPLETE THE FOLLOWING

By signing this Contractual Agreement Form, the bidder guarantees compliance with the provisions stated in this solicitation and agrees to the terms and conditions unless otherwise indicated in writing and certifies that bidder is not owned by the Chinese Communist Party.

THIS FORM MUST BE SIGNED MANUALLY IN INK OR BY DOCUSIGN

COMPANY: Carbon A List, LLC dba Transform Ag

ADDRESS: P.O. Box 42, Morrisville, NC 27560

PHONE: 402-803-8055

EMAIL: chan@transformf2c.com

BIDDER NAME & TITLE:

Chandler Mazour – Director of Farmer & Partner Success

SIGNATURE:

DATE:

VENDOR COMMUNICATION WITH THE STATE CONTACT INFORMATION

(IF DIFFERENT FROM ABOVE)

NAME: Chandler Mazour

TITLE: Director of Farmer & Partner Success

PHONE: 402-803-8055

EMAIL: Chan@transformf2c.com

Nebraska Department of Water, Energy, and Environment P.O. Box 98922 Lincoln, NE 68509

February 4. 2026

Re: “One Red” program (Opportunity for Nebraska: Reducing Emissions & Decarbonization)

Dear Director Bradley, At Renewable Fuels Nebraska, we proudly represent the producers and businesses who are helping fuel America’s future. U.S. agriculture is central to this, and measures that support regenerative agriculture and maximize value for ethanol producers are critical to securing our nation’s energy dominance.

That is why we are writing in support of Verity Carbon Solution’s funding application for Nebraska’s ONE RED program. Verity’s mission is to provide accurate, transparent, and verifiable data on emissions, energy use, and inputs to enhance the value of agricultural practices across the supply chain.

From the fields where feedstocks are grown to the facilities where biofuels and sustainable aviation fuel are produced, Verity makes it easier for producers to track and verify carbon emissions reduction efforts across the value chain. This helps farmers gain a competitive edge in emerging low-carbon markets, access new revenue streams, earn higher prices, and reduce costs through improved efficiencies.

This makes Verity a great match for the ONE RED program’s emphasis on improving agricultural practices at the farm level, particularly through water quality outcomes. Verity’s platform supports farmers in their ability to constantly innovate, by maximizing fertilizer use or utilizing cover crops to improve water quality and soil health.

We are confident that Verity Carbon Solutions can execute on its stated goals and bring value to our state’s farmers, ethanol producers, businesses, and their related supply chains. We encourage you to fund their proposal and help fuel a brighter future across the Heartland.

Sincerely, Dawn Caldwell Executive Director Renewable Fuels Nebraska i SPB Form 22 | RFP Template | Effective 07012025

State of Nebraska – State Purchasing Bureau

REQUEST FOR PROPOSAL FOR SERVICES CONTRACT

SOLICITATION NUMBER RELEASE DATE

124065 O5 January 20, 2026

OPENING DATE AND TIME PROCUREMENT CONTACT

February 23, 2026 2:00 p.m. Central Time Matthew Caddy

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Administrative Services (DAS), Materiel Division, State Purchasing Bureau (SPB), is issuing this service contract Request for Proposal (RFP) Number 124065 O5 for the purpose of selecting a qualified bidder to develop and implement a new Ag Data Bank (Data Bank) and Grants Program for the NDWEE’s Opportunity for Nebraska: Reducing Emissions and Decarbonization Program (ONE RED).

The primary focus of this solicitation is the development and implementation of a carbon intensity (CI) scores data bank (archive) that will foster the widespread adoption of CI scores as a key performance metric for crops and ag land management. In parallel, it will initiate and support community-based programs to encourage adoption of regenerative agriculture practices and provide incentives to farmers to acquire precision agriculture technology to facilitate adoption of these practices.

More detailed descriptions can be found in Section V (below) and here: DWEE ONE RED Ag Program Web-Page. - Please note that due to a variety of factors, structural and terminology changes to several program details originally described in the October 2024 EPA approved workplan (WP), which is found on the DWEE website, have changed. These changes include:

1) The term “Data Bank” replaces “Registry” throughout the WP when referencing this program to ensure producers understand they retain ownership of all data submitted to the program.

2) NDEE is replaced with NDWEE throughout the WP after merging with the Nebraska Department of Natural Resources (DNR).

3) On page 58 and 59, the Administration Overview and Personnel sections are replaced with the structure outlined in this document.

4) On page 62 and 63, the Water Quality and Quantity Task Force has replaced the Governing Council as advisory body for ONE

RED.

5) On page 66 and 67, the Program Timeline is replaced by the timeline outlined in this document.

6) On page 74 and 75, the Budget will be adjusted to the needs of this new structure.

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

The term of the contract will be through September 30, 2029 commencing upon execution of the contract by the State and the Vendor (Parties). The Contract includes the option to renew for two (2) additional six (6) Month periods upon mutual agreement of the Parties.

The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

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

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

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

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, State contracts in effect as of January 1, 2014, and contracts entered into thereafter, must be posted to a public website. The resulting contract, the Solicitation, and the awarded solicitation response will be posted to a public website managed by DAS, which can be found at http://statecontracts.nebraska.gov and https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php.

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

These postings will include the entire solicitation response. Bidder must request that proprietary information be excluded from the posting.

The bidder must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION". The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and

Docusign Envelope ID: 960BCE6B-B72B-4852-978A-BE5346AEFE90 https://dee.nebraska.gov/aid/one-red-opportunity-nebraska-reducing-emissions-decarbonization/implementation-grant/ag-registry-and-grants-program https://das.nebraska.gov/materiel/bidopps.html http://statecontracts.nebraska.gov/ https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php ii SPB Form 22 | RFP Template | Effective 07012025 explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE SOLICITATION IS PROPRIETARY. COST SHEETS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would 1) give advantage to business competitors and 2) serve no public purpose. The Bidder will be notified of the State’s decision. Absent a determination by the State that the information may be withheld pursuant to Neb. Rev. Stat. § 84-712.05, the State will consider all information a public record subject to disclosure.

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

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

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

Docusign Envelope ID: 960BCE6B-B72B-4852-978A-BE5346AEFE90 iii SPB Form 22 | RFP Template | Effective 07012025

TABLE OF CONTENTS

REQUEST FOR PROPOSAL FOR SERVICES CONTRACT .................................................................................................... i

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

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

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

Schedule of Events

D. WRITTEN QUESTIONS AND ANSWERS

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

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE SOLICITATION

H. SUBMISSION OF SOLICITATION RESPONSES

I. SOLICITATION 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. BUYER’S REPRESENTATIVE

D. GOVERNING LAW (Nonnegotiable)

E. BEGINNING OF WORK & SUSPENSION OF SERVICES

F. AMENDMENT

G. CHANGE ORDERS OR SUBSTITUTIONS

H. RECORD OF VENDOR PERFORMANCE

I. NOTICE OF POTENTIAL VENDOR BREACH

J. BREACH

K. NON-WAIVER OF BREACH

L. SEVERABILITY

M. INDEMNIFICATION

N. ATTORNEY'S FEES

O. ASSIGNMENT, SALE, OR MERGER

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

STATE

Q. FORCE MAJEURE

R. CONFIDENTIALITY

S. EARLY TERMINATION

iv SPB Form 22 | RFP Template | Effective 07012025

T. CONTRACT CLOSEOUT

U. AMERICANS WITH DISABILITIES ACT

V. EPA GENERAL TERMS AND CONDITIONS

W. CERTIFICATION REGARDING LOBBYING

X. FEDERAL TAX LIABILITY

Y. DBRA REQUIREMENTS - DAVIS-BACON AND RELATED ACTS

Z. GEOSPATIAL DATA STANDARDS

III. VENDOR DUTIES

A. INDEPENDENT VENDOR / OBLIGATIONS

B. FOREIGN ADVERSARY CONTRACTING PROHIBITION ACT CERTIFICATION (Nonnegotiable)

C. EMPLOYEE WORK ELIGIBILITY STATUS

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

NONDISCRIMINATION (Nonnegotiable)

E. COOPERATION WITH OTHER VENDORS

F. DISCOUNTS

G. PRICES

H. PERMITS, REGULATIONS, LAWS

I. OWNERSHIP OF INFORMATION AND DATA / DELIVERABLES

J. INSURANCE REQUIREMENTS

K. ANTITRUST

L. CONFLICT OF INTEREST

M. STATE PROPERTY

N. ADVERTISING

O. NEBRASKA TECHNOLOGY ACCESS STANDARDS (Nonnegotiable)

P. DISASTER RECOVERY/BACK UP PLAN

Q. DRUG POLICY

R. WARRANTY

S. TIME IS OF THE ESSENCE

IV. PAYMENT

A. TAXES (Nonnegotiable)

B. INVOICES

C. INSPECTION AND APPROVAL

D. PAYMENT (Nonnegotiable)

E. TIME AND MATERIALS

F. LATE PAYMENT (Nonnegotiable) G. SUBJECT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Nonnegotiable)

H. RIGHT TO AUDIT (First Paragraph is Nonnegotiable)

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A. PROJECT OVERVIEW

B. PROJECT ENVIRONMENT

C. SCOPE OF WORK

D. DELIVERABLES

E. TECHNICAL REQUIREMENTS: DATA MANAGEMENT AND SECURITY

VI. SOLICITATION RESPONSE INSTRUCTIONS

A. SOLICITATION RESPONSE SUBMISSION

CONTRACTUAL AGREEMENT FORM

v SPB Form 22 | RFP Template | Effective 07012025

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: 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

Approved Service Provider (ASP): Contractors that work with producers to gather information and create a verifiable CI score

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 bidder who wishes to attend

Bidder: A Vendor who submits a Solicitation Response

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

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

Business Day: Any weekday, except State-recognized holidays

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

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

Catalog/Non-Core: A printed or electronic list of products a Vendor may provide at a discounted rate or discount off list price to the State. Initial contract award(s) is not based on Catalog/Non-Core items

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

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

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

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

Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain the desired quality, type, color, size, shape, or special characteristics necessary to perform the work intended to produce the desired results vi SPB Form 22 | RFP Template | Effective 07012025

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

Confidential Information: See Proprietary Information

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

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

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

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

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

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

Cost Sheet: 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.

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

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those 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 bidder’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”

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

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

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

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

Goods: See Commodities

Installation Date: The date when the procedures described in “Installation by Vendor“ and “Installation by State” as found in the solicitation or contract are completed vii SPB Form 22 | RFP Template | Effective 07012025

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 the State 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

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

Non-core: See Catalog

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

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

Personal Property: See Commodities

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 the State under the contract for use by the State

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

Proposal: See Solicitation Response viii SPB Form 22 | RFP Template | Effective 07012025

Proprietary Information: Trade secrets, academic and scientific research work that is in progress and unpublished or other information that if released would give advantage to business competitors and service no public purpose. See Neb. Rev. Stat.

§ 84-712.05(3). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific named competitor(s) advantaged by release of the information and the demonstrated advantage the named competitor(s) would gain by the release of information.

Protest/Grievance:

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

Quote: See Solicitation Response

Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent used by the State 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 Proposal (RFP): See Solicitation

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

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

Shall: An order/command; mandatory

Should: Expected; suggested, but not necessarily mandatory

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 Proposal or Invitation to Bid

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…