To ensure that all situations involving a contract or agreement (hereinafter referred to as contracts) for acquiring goods and services are clear and that the appropriate process is followed when entering into a contract. A contract is necessary whenever a legal relationship is established consisting of rights and duties that go beyond the sale transaction details.
1. Application of Policy
2. Contract Thresholds
Thresholds are determined based on the total contract amount for the initial term of the contract, not to include renewal periods. All contracts shall conform to the following thresholds for bidding and contract signature approvals.
2.1. All Contracts Except for Consulting Agreements and Revenue Sharing Contracts
2.2. Consulting Contracts
2.3. Revenue Sharing Contracts
3. General Bid Requirements
3.1. Minimum Number of Bidders
If services are to be purchased by competitive sealed bidding, NSWERS shall prepare standards and specifications for the RFP in such a manner it will be possible for three (3) or more vendors to submit competitive bids. If bids cannot be obtained from three (3) bidders, bids may be accepted from a fewer number of bidders than three (3), upon documentation of the bidding process, including the companies contacted.
3.2. Bid Timelines
The RFP shall state the manner, day and time upon which bids shall be returned, received and opened.
3.3. Bid Preference
When a public bid is to be awarded to the lowest bidder, a Nebraska residential bidder shall be allowed a preference over a nonresident bidder from a state, which gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. This provision shall not apply to any contract for any project upon which federal funds would be withheld because of such provisions.
3.4. Nondisclosure
No person who is in charge of any bids prior to the time fixed for opening, shall open them prior to the time or otherwise disclose to any bidder the contents, amount or other details of any rival bid.
3.5. Lowest Bidder
All purchases of services shall be made from the lowest bidder, taking into consideration the best interest NSWERS, the quality of the materials proposed to be supplied, conformity with specifications, the purposes for which required, and the times of delivery. In determining the lowest bidder, in addition to price, NSWERS may develop criteria specific to a purchase or may give the following elements consideration when appropriate:
3.6. Bid Rejection
Any or all bids may be rejected, including the bid of any bidder who has failed to perform a previous contract with NSWERS or the State of Nebraska. In any case, where competitive bids are required and all bids rejected, and the proposed purchase is not abandoned, new bids shall be called for as in the first instance.
4. Compliance Requirements
4.1. Contract Execution
No work should be performed under the contract until it has been signed by all parties. No contract, lease, or purchase agreement that requires approval by the Executive Council or Executive Director shall be signed or finalized in any form until authorized by the Executive Council or Executive Director.
4.2. Contract Cancellation
Contracts can only be cancelled by individuals who are authorized to sign contracts on behalf of NSWERS.
4.3. Non-Appropriation Clause
No contract may commit funds for a future fiscal year, unless specific funding has been identified in a Legislative appropriation bill or an appropriate cancellation clause has been inserted in the contract.
4.4. Contract Negotiation and Authorization
The Executive Director is responsible for negotiating and signing contracts. 4.5. Executive Council President Clause The President of the Executive Council can execute and sign a contract in place of the Executive Director.
4.6. Contract Reporting
Contracts over one hundred fifty thousand dollars ($150,000) and all subsequent change orders, addenda and amendments over fifty thousand dollars ($50,000) shall be reported to the Executive Council.
4.7. Contract Form
4.8. Equal Opportunity Statements
All contracts will contain equal opportunity statements to ensure compliance with Federal Government requirements associated with Title VI and Title VII of the Civil Rights Act of 1964, and other appropriate equal opportunity procurement policies.
4.9. Drug-Free Workplace
All contractors and vendors responding to bids with NSWERS must establish and provide proof of a drug-free workplace policy or submit a statement that they are in compliance with the State of Nebraska’s Drug-Free Workplace requirement.
4.10. Fair Labor Standards Compliance
All bids shall include a statement that they are complying with and will continue to comply with the fair labor standards in the pursuit of their business and in the execution of the contract on which they are bidding. Fair labor standards shall mean wages paid and conditions of employment as are paid and maintained by at least fifty percent (50%) of similar businesses. If it is shown that any contractor submitting a bid has not complied with fair labor standards, such lack of compliance shall be the basis for disqualification of the bid.
4.11. Independence and Conflict of Interest
4.12. Threshold Adherence
All services shall be bid as a single whole item. In no case shall services be divided or broken up in order to produce several small contracts, which are of an estimated value below that required for bidding.
4.13. Work Eligibility Status
Contractors that are an individual, LLC, or sole proprietorship must complete the “United States Citizenship Attestation Form”. All other contractors shall register and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska.
4.14. Disabled Veteran or Enterprise Zone Act Preference
4.15. Federal Funding
When services are purchased with federal funds, federal purchasing requirements must also be followed. For those purchases meeting the federal definition of a “covered transaction”, the purchaser shall verify that the potential vendor has not been suspended or debarred.
5. Contracts Delegated to NSWERS
The following contracts do not require review and approval by the Executive Council, but must adhere to approval and bidding requirements, if appropriate:
6. Exceptions, Emergencies, and Sole Sourcing
6.1. Exceptions to Bidding Requirements
The following are exceptions to the bid requirements. Documentation justifying the exception should be kept on file by NSWERS:
6.2. Emergency
Emergency purchases shall be documented and submitted for approval by the Executive Director. Executive Director approval of an emergency automatically includes the suspension of bidding requirements as appropriate for each emergency. Emergency shall mean any situation where it is necessary to purchase something to:
6.3. Sole Source
Documentation to purchase based on sole source without competitive bids or proposals shall be documented and given approval by either the Executive Director or President of the Executive Council. A sole source purchase is when there is only a single feasible or sole source for the services. A single feasible or sole source exists when:
7. Contracts Requiring Executive Council Approval at Any Amount
7.1. Educational or Research Partnerships
8. Consultant Contract Guidance
The Executive Council recognizes the value and financial savings that may accrue from the use of experienced consultants to the Executive Council, staff and faculty on special aspects of NSWERS programs. Since NSWERS cannot include in its personnel appointments all the highly qualified and widely experienced people on all phases of NSWERS operations, the Executive Council will therefore contract from time to time, as appropriate, with individuals or groups for special consulting services.
8.1. CPA Firms, Lobbyist and Search Consultants
The hiring and retention of personnel, excluding annual auditors which are approved by the Executive Council, hired for a duration greater than five (5) days shall be approved by the Executive Director. The Executive Director is delegated the responsibility for selecting and negotiating these services on behalf of the Executive Council. The Executive Director shall determine if a contract is necessary. A competitive process is not required. In each instance the Executive Director shall notify the Executive Council.
8.2. Legal Services
All legal services shall be coordinated through the Executive Director.
8.3. System Consultants
The Executive Director is delegated the responsibility for selecting and negotiating on behalf of the Executive Council all other special consulting contracts for NSWERS where the total cost is expected to be under one hundred fifty thousand dollars ($150,000). Such contracts shall be signed by the Executive Director or President of the Executive Council.
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Based on NSCS Policy 6401
Legal Reference:
Neb. Rev. Stat. 4-114 Public employer and public contractor; register with and use federal immigration verification system; Department of Labor; duties.
Neb. Rev. Stat. 73-107 Resident disabled veteran or business located in designated enterprise zone; preference; contract not in compliance with section; null and void.
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