Boilerplate Changes

1. Boilerplate Changes

2. New Definitions • Change Order: Document that provides amendments to an executed purchase order or contract • Point of Contact (POC): The person designated to receive communications and to communicate • Statutory: These clauses are controlled by state law and are not subject to negotiation. • Subcontractor: Individual or entity with whom the contractor enters a contract to perform a portion of the work awarded to the contractor.

3. Section I Clause C: Schedule of Events • “of mandatory requirements” changed to “to RFP requirements” • Term mandatory requires that you disqualify the bidder if they do not comply – Provide for more competition

4. Section I Clause I: Prices • [Option 1] Fixes bid price until award for options 3-5] All prices, costs, and terms and conditions submitted in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made or the RFP is cancelled. • [Option 2] Fixed Price Contract - do not use option 1 when using this option] All prices, costs, and terms and conditions submitted in the proposal shall remain fixed and valid commencing on the opening date of the proposal until the contract terminates or expires. • [Option 3] - Only the cost of the initial period is bid - subsequent periods are not bid and subject to a capped cost increase - Could lead to significant increases, but increases may be reasonable due to nature of the product or service or industry standard] Prices submitted on the cost proposal form shall remain fixed for the first (number of days / months / years / etc. written out) (XX) of the contract.  Any [you can limit the number of increases per year or period] request for a price increase subsequent to the first (number of days / months / years / etc. written out) (XX) of the contract shall not exceed percent (# %) of the previous Contract period. Increases will be cumulative across the remaining periods of the contract. Requests for an increase must be submitted in writing to the State Purchasing Bureau a minimum of 120 days [include enough time to replace the contract prior to the end of the current contract period. Documentation may be required by the State to support the price increase. • [Option 4] - Used where option year costs are bid] Prices submitted on the cost proposal form, once accepted by the State, shall remain fixed for the first (number of days / months / years / etc. written out) (number) of the contract.  Any request for a price increase subsequent to the (number of days / months / years / etc. Written out) (XX) of the contract shall not exceed percent (# %) of the price bid for the period. Increases shall not be cumulative and will only apply to that period of the contract. The request for a price increase must be submitted in writing to the State Purchasing Bureau a minimum of 120 days [include enough time to replace the contract] prior to the end of the current contract period. Documentation may be required by the State to support the price increase. • [Option 5] Draft your own price clause - It is recommended that you be able to calculate the total cost of the contract over the maximum duration of the contract for budgetary purposes] • Just provides examples for pricing – can write your own scheme – delete those you do not want

5. Section I Clause L: Deviations from the Request for Proposal • Removed (Sections II and III) from the first sentence • Second sentence revised “Section II” to “Sections II through VII” • We group like clause in separate sections for easier reference • Reflects new section numbers.

6. Section I Clause M: Submission of Proposals • Revised “Section II Part A” to Section I. B.” • Added the last sentence “The State shall not incur any liability for any costs incurred by bidders in replying to this RFP, in the demonstrations and/or oral presentations, or in any other activity related to bidding on this RFP.” • Clarifying that we are not responsible for any bidding expenses

7. Section I Clause N: Bid Bond • Revised “under an established dollar amount” to “specific dollar amount” in sentence two. • We state the amount of the bond.

8. Section I Clause T: Request for Proposal Requirements • Revised #4 to read “Completed Sections II through VI” • Reflects the new Section numbers

9. Section I Clause V: Evaluation of Proposals • Added “OR All Proposals that are responsive to the RFP will be evaluated on the following: 1. Cost Proposal” • Provides language for cost only proposals • Delete the evaluation language that does not apply

10. Section I Clause W: Oral Interview / Presentations and / or Demonstrations • Removed “in order to determine the successful bidder” from the end of the first sentence. • This implied that the high score on the oral interviews would decide the successful bidder, but that may not be the case.

11. Section I Clause Z: Award • Added “to” between right and evaluate in the first sentence • Removed “to” between “and” and “award” in the first sentence • Removed “and” between manner and utilizing in the first sentence • Removed “for some actions” in the second sentence • Changed “bid” to “proposal” in the point 2 • Added “IF THIS IS NOT COST ONLY DELETE ITEMS 1-7” • Mostly clean up • Added language for Cost Only bids – remove language that does not apply

12. Section II: Terms and Conditions • Added “to Contract Award” after Addendum in the first sentence of the third paragraph in both places where Addendum was stated • Clarifying language to reflect the actual process

13. Section II Clause A: General • Added “and properly submitted documents” to the end of point 4 • Removed “5. Award” • Removed “any” and added “Addendum One to Contract, if applicable” to point 5 • Added “/Addendums” to Point 6 • Clarifying language • This section lists documents in the file – Next paragraph is the order of precidence.

14. Section II Clause B: Notification • Added “Contractor and State shall identify the contract manager who shall serve as the point of contact for the executed contract” as the first sentence of the first paragraph. • Created a table for the Vendor Contract Manager and the Agency Contract Manager • Removed “Either party may change its address for notification purposes by giving notice of the change and setting forth the new address and an effective date.” • Clarifying language • Address change language seemed unnecessary

15. Section II Clause V: Contract Closeout • Changed “Termination of the contract” in the first sentence to “contract closeout.” • Termination was too narrow of a term – a contracts can end for more reason than termination

16. Section III Clause A: Independent Contractor / Obligations • Paragraph 7, changed “Contractor’s” in the first sentence to “bidders.” • Changed for consistency

17. Section II Clause G: Insurance Requirements • Removed “See risk assessment matrix” • Removed “All Risk Insurance – Cost of the job including Soft Costs” • Removed “Liquor Liability” • Removed “Garage Liability” • Removed “Garage Keepers Legal Liability” • Under Mandatory COI Liability Waiver language, added “…liability policies shall name the State of Nebraska as Additional Insured and the policies shall be primary and any insurance...and non-contributory as additionally insured.” • Removed unnecessary language and unique coverages • Moved language to more appropriate location

18. Section II Clause G: Insurance Requirements - Continued • Removed “bidder” in first sentence and revised to “Contractor” - Consistency • Removed “should” in first sentence (third word) and revised to “shall” – Mandatory requirement • Removed “State” in the first sentence and replaced with “Contract Manager” – Identify person responsible • Removed “their proposal response” – Unnecessary language • Added after requirements in the first sentence “prior to beginning work at:” – Changes when the COI is due to give more time • Revised address to be that of the Agency (Contract Manager) – Change to responsible person • Removed “Administrative Services State Purchasing Bureau” in the last paragraph and replaced with “the contract manager as listed above.” – Change to responsible person

19. Removed Acknowledgement Boxes • Prohibition Against Advance Payment • Taxes • Late Payment • Right to Audit • Avoiding negotiations on clauses we cannot change

20. Section V Clause A through D • Removed “remove if subsection is cost only on” on each section • Unnecessary language

21. Section V Clause G through H • Removed “remove if subsection is cost only” on each section • Unnecessary Language

22. Section V Clause N: Payment Schedule • Removed entire clause • Removed since it is redundant

23. Signature Page • Revised the name of “Bidder Signature Page” to “Request for Proposal for Contractual Services Form” • The page also has acknowledgements and requests for preferences so it is not merely a signature page.

24. Signature Page • Added preference for the blind and visually impaired

25. ITBs

26. New Definitions • Best and Final Offer (BAFO): In a competitive bid, the final offer submitted which contains the bidder’s (vendor’s) most favorable terms for price. • Statutory: These clauses are controlled by state law and are not subject to negotiation. • Subcontractor: Individual or entity with whom the contractor enters a contract to perform a portion of the work awarded to the contractor. • Third-Party: Any person or entity, including but not limited to fiduciaries, shareholders, owners, officers, managers, employees, legally disinterested persons, and sub-contractors or agents, and their employees. It shall not include any entity or person who is an interested Party to the contract or agreement.

27. Glossary • In the Glossary of Terms, “/proposal” was added in after bid prior to being defined • Clarification

28. Section I Clause C: Communication With State Staff • In the last sentence removed “award” from the end and added “Intent to Award, or terminate a contract if the State determines there has been a violation of these procurement procedures.” • Changed to accurately reflect the process

29. Section I Clause P: Prices • Deleted section and added Options one through five • Previously discussed under the RFP process

30. Section I Clause S: Valid Bid Time • Deleted Section • Redundant – See next slide

31. Section I Clause W: Submission of Bids • Sealed bids must be received in the State Purchasing Bureau by the date and time of the bid opening per the Schedule of Events. No late bids will be accepted. • Sets bid time • It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address is as follows: http://das.nebraska.gov/materiel/purchasing.html • Puts contractor on notice to check website periodically for new postings

32. Section I Clause Y: Email Submission • Removed $25,000 and added $50,000 • Reflects new dollar limits

33. Section II Clause B: Notification • Referenced the Contract Manager and added POC Chart as previously discussed

34. Section III Clause G: Insurance Requirements • Removed “See Assessment Matrix” • As previously discussed