Neb. Admin. Code tit. 9 — Materiel Division

Chapter 1 Procurement and Contracting

Neb. Admin. Code tit. 9, ch. 1 Procurement and Contracting {#sec-9-nac-1 omnilex-key=us-ne-regs-official--title-9--9 NAC 1}

001. REMOVAL FROM BIDDING . Any vendor whose performance has been unsatisfactory may be suspended or debarred from bidding. The vendor will be given written notification of debarment or suspension action and its duration. Conditions that may warrant removal or suspension include:

(A) Failure to respond to three consecutive bid invitations (NOTE: a reply of “no bid” is an acceptable response);

(B) Improper or no delivery;

(C) Failure to perform or adhere to a contract with the State or a political subdivision; and

(D) Unsatisfactory performance or customer service.

002. METHOD OF PROCUREMENT . State Purchasing Bureau (SPB) shall determine the method of procurement to be utilized in the acquisition of any needed goods or services.

003. STANDARD CONDITIONS AND TERMS . A request is used to solicit competitive bids from vendors. The following conditions and terms apply to the completion of the request by the vendor.

003.01 PRE-BID MEETING. At SPB’s discretion a pre-bid meeting may be held for the purpose of explaining specifications or other aspects of the request. All interested vendors are eligible to attend.

003.02 COMPLIANCE WITH REQUESTS. Bids must comply with the requirements and instructions found in the individual requests. SPB reserves the right to waive requirements in each request and reserves the right to reject any and all bids.

003.03 COLLUSIVE BIDDING. The bidder’s signature on the bid proposal is a guarantee that the prices quoted have been arrived at without collusion with other eligible bidders and without effort to preclude the State of Nebraska from obtaining the lowest possible competitive price.

003.04 CORRECTION OF BIDS. A correction may be made to a bid by a vendor if such correction is received by SPB prior to the date and time of the bid opening. A correction may be made after bid opening at the discretion of SPB.

003.05 BID OPENINGS. Bids received by SPB on or before the time and date specified on the request are eligible for award. Bids received after this time and date will be rejected. SPB is not responsible for late bids or lost requests. Bids will be opened and read publicly on the date and at the hour designated on the request.

004. AWARDING OF CONTRACT .

004.01 METHOD OF AWARD. SPB reserves the right to award the bid item-by-item, by groups or as a total, unless otherwise specified by the bidder. The State reserves the right to waive any technicality in any bid.

004.02 TIE BIDS. Nebraska vendors will be given preference when bids are equal in all respects and tied in price. Tie bids involving more than one Nebraska vendor will be resolved by drawing lots among the Nebraska vendors.

004.03 GRIEVANCES. Any vendor grievances related to an action or determination of SPB shall be expressed in writing to the Administrator of Materiel Division of the Department of Administrative Services. A protest of an award must be filed with the Materiel Administrator within ten (10) business days after the intent to award is posted to SPB’s website.

004.04 NOTIFICATION OF AWARD. Notification of award to the successful bidder will be sent by SPB.

005. EXECUTION OF CONTRACT .

005.01 DELIVERY ACCEPTANCE. All deliveries are subject to inspection and approval. Items that do not meet the specifications of the purchase order or contract or are not delivered in good condition may be rejected. Any item rejected by SPB or ordering agency shall be removed at the vendor’s expense.

005.02 CHANGE ORDER. A change order or amendment will be utilized by the SPB to notify a vendor of a change in the purchase order or contract. The change order or amendment will identify the affected portion(s) of the original purchase order or contract, corresponding change(s) required, and the reason(s) for the change(s).

005.03 PERFORMANCE AND DEFAULT. SPB may require a performance bond from the successful bidder without expense to the State. In case of default by the contractor, the State may procure the articles from other sources and hold the contractor responsible for any excess costs occasioned thereby.

005.04 ACTS OF SUBCONTRACTORS. Vendors are responsible for all acts and performance of subcontractors or secondary suppliers utilized in providing goods or services to the State. Vendors are responsible for payment of all subcontractors and secondary suppliers.

005.05 CANCELLATION. SPB may cancel or modify a purchase order or contract for noncompliance with the purchase order or contract or if the related contract has been cancelled. The vendor will be notified in writing that a purchase order has been cancelled. In determining such cancellation or modification, the SPB will consider the costs or potential costs to the State in the event of cancellation, modification, or neither.

006. DIRECT PURCHASE AUTHORITY CRITERIA . An agency requesting direct purchase authorization pursuant to Neb. Rev. Stat. § 81-161.03 must submit a request in writing to SPB that demonstrates why the interests of the state will be served better by not purchasing or contracting through the materiel division. SPB will consider the price, unique nature, quantity, agency location, time of use, and other circumstances when determining the authorization.

History

• Effective 2021-12-27