Nebraska
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
No
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
NE REV ST § 73-808
Citation Language:
73-808. Competitive bids; award to responsible bidders; considerations; responsibility; elements considered; energy star certified appliances. (1) All contracts which by law are required to be based on competitive bids shall be made only to responsible bidders, taking into consideration, as applicable: (a) The best interests of the state; (b) The quality or performance of the personal property or services proposed to be supplied; (c) The conformity with the solicitation; (d) The purposes for which required; (e) The times of delivery; (f) The life-cycle costs of the personal property in relation to the purchase price and specific use of the item; (g) The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements; (h) The energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment; (i) The information furnished by each bidder concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis; (j) The results of the United States Environmental Protection Agency tests on fleet performance of motor vehicles. Each bidder shall furnish information relating to such results; and (k) Such other information as may be secured having a bearing on the decision to award the contract. (2) In determining responsibility, the following elements shall be given consideration: (a) The ability, capacity, and skill of the bidder to perform the contract required; (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (c) Whether the bidder can perform the contract within the time specified; (d) The quality of performance of previous contracts; and (e) The previous and existing compliance by the bidder with laws relating to the contract. (3) Any appliance purchased or leased pursuant to this section shall be energy star certified, except that the materiel administrator may exempt the purchase or lease of an appliance from this subsection if he or she determines that the cost of compliance would exceed the projected energy cost savings. (4) All political subdivisions may follow the procurement principles set forth in this section if they are deemed applicable by the official authorized to make purchases for such political subdivision. (5) For purposes of this section, energy star certified means approval of energy usage by the United States Environmental Protection Agency and the United States Department of Energy. Such approval may be signified by the display of the energy star label.
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
State Purchasing Bureau Policy 23-07
Citation Language:
IV. PROTEST GROUNDS A. A Protest of the specifications of the Solicitation may only be on the following grounds: 1. The specifications are restrictive such that only one Vendor is eligible to submit a Bid; or 2. The specifications are so vague that the State would not be able to fairly evaluate Bids. B. A Protest of the Intent to Award may only be on the following grounds: 1. A violation of applicable Nebraska law or federal law; 2. A failure to comply with the Procurement Manual; 3. Mathematical or clerical error that resulted in an erroneous contract award; 4. An actual conflict of interest; 5. Collusion between two or more Bidders or between a Bidder and a Vendor; or 6. Failure of the/an Awardee to meet mandatory minimum requirements. V. PROTEST PROCEDURE A. Time to File 1. A Protest of the specifications must be submitted within ten (10) business days after the Solicitation has been published on DAS's website. 2. A Protest of the Intent to Award must be submitted within ten (10) business days after the Intent to Award has been published on DAS's website. 3. A Protest of a withdrawn Intent to Award must be submitted within ten (10) business days after notice of withdrawal is published on DAS's website. A protest of a withdrawn Intent to Award is only available where in the same solicitation at least one other Intent to Award was simultaneously issued but not withdrawn. C. Materiel Administrator's Review of Purchasing State Agency Award 1. The Materiel Administrator or Designee shall issue a decision on each Protest within five (5) business days after his or her meeting with the Protester or within ten (10) business days after the Protest's submission to the Materiel Administrator, whichever is later. If the Materiel Administrator or Designee determines that the issues involved in the Protest are too complex for a determination to be made within the above timeline, the Materiel Administrator or Designee may extend this deadline by a period not to exceed thirty (30) business days. 2. The Protestor, the Awardee, and the Purchasing State Agency may submit evidence in support of their various positions. 3. The record before the Materiel Administrator shall be closed five (5) business days after the submission of the Protest or at the conclusion of the meeting with the Materiel Administrator, whichever is later. 4. In evaluating the Protest, the Materiel Administrator may consider all information the Materiel Administrator deems relevant, and the Materiel Administrator's review shall be de novo. 5. Protesters have the burden to prove the allegations in their Protest by a preponderance of the evidence. 6. Meeting with Materiel Administrator: i. If the Protest requests a meeting with the Materiel Administrator, the Materiel Administrator shall schedule the requested meeting within ten (10) business days of receiving the Protest. ii. The meeting will allow the Awardee, the Protesting Bidder, and the Purchasing State Agency to present evidence and argument in support of their respective positions. iii. Unless directed otherwise by the Materiel Administrator, the Awardee and Purchasing State Agency are not required to attend the meeting. 7. If the Materiel Administrator sustains the Protest, he or she may assign an appropriate remedy, including the following: i. Rebidding the Solicitation; ii. Awarding the contract to another Bidder; iii. Settling the matter with the Protesting Bidder and the Awardee, which settlement shall not include any exchange of money; and iv. Any other remedy the Materiel Administrator deems fair under the circumstances.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
State Purchasing Bureau Policy 24-08
Citation Language:
II. RESPONSIVENESS A. Responsiveness relates to a bid's compliance with the requirements of a competitive solicitation. A "responsive bid" is a solicitation response that conforms in all material respects to the solicitation's requirements. Only responsive bids will be considered when evaluating solicitation responses. B. A "minor informality" is an insignificant mistake in a bid response that can be waived or corrected without prejudice to other bidders. Elements of solicitation responses that effect price, quantity, quality, delivery, or contractual conditions are not minor informalities. Minor informalities may be waived at the discretion of the agency leading the procurement. C. For SPB-led solicitations, the Materiel Administrator makes responsiveness determinations. For agency-led solicitations, the procuring agency's director has the same discretion.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NE REV ST § 73-808; State Purchasing Bureau Policy 24-08 I.C
Citation Language:
(2) In determining responsibility, the following elements shall be given consideration: (a) The ability, capacity, and skill of the bidder to perform the contract required; (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (c) Whether the bidder can perform the contract within the time specified; (d) The quality of performance of previous contracts; and (e) The previous and existing compliance by the bidder with laws relating to the contract. 24-08 I. RESPONSIBILITY C. For solicitations where the bidding process is conducted by State Purchasing Bureau ("SPB-led solicitations"), the Materiel Administrator may decide that a bidder is not responsible at any times based on information from any source. For solicitation where the bidding process is conducted by the procuring agency ("agency-led solicitations"), the procuring agency's director has the same discretion.
Name:
Commodity Code
Commodity Code:
NIGP
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$50,000
Citation:
NE REV ST 73-807 (2)
Citation Language:
(2) All proposed state agency contracts in excess of fifty thousand dollars shall be bid by a competitive formal bidding process in the manner prescribed by the division procurement manual or a process approved by the Director of Administrative Services. Bidding for contracts for services may be performed at the state agency level or by the division. The division shall administer the public notice and bidding procedures for any contract for personal property;
Small Purchases/Informal Purchasing:
$5,000; $50,000
Citation 2:
Unrestricted Open Market Purchase Authority Memo
Public Link 2:
Citation Language 2:
2. P-Card Purchases (under $5,000 only): a. Non-Contract: A P-card may be used for purchases of commodities $5,000 or less, provided the item(s) are not on contract and are not included on Attachment A, Restricted Items. b. Contracted Items: A P-card cannot be used to pay for any contract purchases (under or over $5,000) unless authorized in writing by the DAS-Materiel Administrator. Agency Directors may request authority to utilize a P-card for contracted commodities available on contract by submitting such request in writing directed to the DAS-Materiel Administrator. A Purchasing Card Program Letter of Agreement between DAS-Materiel Division and the requesting agency must be completed and signed, which will specify the contracts available for use by the requesting agency with a Pcard. The Letter of Agreement requires the agency to track all purchases made within the program and report such purchases by contract number to DAS-Materiel Division on a monthly-basis using a provided P-Card Program Spreadsheet. The authorization will need to be reaffirmed annually. Authorization will remain in effect as long as the requirements are followed. The program can be terminated at any time by DAS-Materiel Division. 3. Non-Contract Purchases (Over $5,000): For non-contract purchases over $5,000.00 a purchase order must be generated in the PFC (E1) prior to placing the order with the vendor. Purchase orders encumber agency funds. Purchase orders should clearly state the product(s) the vendor is to provide (name and item number), quantity requested, delivery requirements, and the product price(s). Purchase orders must have an authorized signature prior to sending to the vendor and the State’s Terms and Conditions should accompany the purchase order when sent to the vendor (available at Purchase Order Terms and Conditions.pdf (das.nebraska.gov). a. Direct Purchases $5,000 - $50,000: (Policy) Agencies are highly encouraged to solicit bids from a minimum of three (3) vendors to ensure effective and reasonable pricing whenever possible. b. Documentation, including vendor names and bid prices, must be attached to the purchase order(s) in the PFC (E1) to meet the reporting requirements of Neb. Rev. Stat. § 73-814.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
NE ST § 81-8, 304
Citation Language:
All contract claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. Contract claims shall be filed on forms provided by the Risk Manager, and each claimant shall include at least the following information: (1) A copy of the contract allegedly breached; (2) the manner in which the contract was allegedly breached; and (3) the damages incurred as a result of the alleged breach. The Risk Manager shall immediately advise the Attorney General and the contracting agency in writing of the filing of any such claim. The contracting agency shall cause an investigation to be made of all such claims. The Attorney General shall serve as a legal advisor to the State Claims Board on all such claims.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
Statutory Guidance
Citation:
NE ST § 81-8, 300
Citation Language:
(1) After investigation, the Risk Manager or State Claims Board shall either approve, approve with conditions or limitations, or disapprove of each claim or request and append to the claim or request a concise statement of the facts brought out in such investigation upon which its approval or disapproval is based. If any claim is approved in an amount of more than five thousand dollars, the approval of the board is required. Such claim or request, together with the original papers supporting it and the appended statement, shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall promptly notify each claimant of the decision by the Risk Manager or State Claims Board on his or her claim by regular mail. The notification shall include (a) the decision of the Risk Manager or State Claims Board, (b) a statement that a claimant dissatisfied with the decision of the Risk Manager may have his or her claim reviewed by the board or a statement that a claimant dissatisfied with the decision of the board may have his or her claim reviewed by the Legislature upon application, (c) the procedure for making an application for review, and (d) the time limit for making such application. (2) If the claimant is dissatisfied with the decision of the Risk Manager, he or she may file an application for review by the board. If the claimant is dissatisfied with the decision of the board, he or she may file an application for review by the Legislature. The application for review shall be filed with the Risk Manager in the manner prescribed by the board. The application for review shall be filed within sixty days after the date of the decision which is being reviewed. (3) Each claim which has been approved or for which an application for review with the Legislature has been filed and each request referred to in section 81-8,297 shall be delivered electronically by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date of the decision of the board. The Risk Manager may direct the payment by the state agency involved of any claim not in excess of five thousand dollars if such payment is agreed to by the head of the agency involved. The State Claims Board may direct payment by the state agency involved of any claim not in excess of fifty thousand dollars if such payment is agreed to by the head of the agency involved and the agency has sufficient funds to pay the claim. If claims approved by the Risk Manager or State Claims Board arise out of the same facts and circumstances, they shall be aggregated. If the Risk Manager or State Claims Board does not direct the payment of a claim as set forth in this section or the claim exceeds the dollar limitations set forth in this section, the claim shall be reviewed by the Legislature and an appropriation made therefor if appropriate. The Risk Manager shall report electronically all claims and judgments paid under the State Miscellaneous Claims Act to the Clerk of the Legislature and the chairperson of the Business and Labor Committee of the Legislature. The report shall include the name of the claimant, a statement of the amount claimed and paid, and a brief description of the claim including the agency and program or activity under which the claim arose. Any member of the Legislature may receive an electronic copy of the report by making a request to the Risk Manager.
eProcurement:
eProcurement
System Type:
ERP
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
Technical Evaluation Committee - Recommended 5 members with appropriate expertise. Cost Evaluation Committee - 2 members
Citation:
State Purchasing Bureau Policy 24-03
Public Link 1:
https://das.nebraska.gov/materiel/docs/NE_DAS-Materiel_SPB_Policy_24-03_ScoringEvaluation.pdf
Citation Language:
II. DEFINITIONS A Evaluator -A public servant or third-party collaborator responsible for evaluating the solicitation responses or a portion of the solicitation responses. B. Procurement Facilitator - A public servant responsible for facilitating the competitive bidding process, including performing administrative functions, such as distributing the solicitation responses for evaluations. A solicitation may have more than one Procurement Facilitator. Ill. EVALUATORS/EVALUATION COMMITTEE A Evaluators do not need to be the same individuals that drafted the solicitation. B. There is no minimum requirement on the number of Evaluators that an agency must assign to evaluate solicitation responses. However, the agency should generally choose Evaluators that have subject matter expertise over the major facets of the solicitation. C. Evaluators may enlist the help of non-state entities or individuals (e.g., consultants), who must sign the current Procurement Collaborator Agreement.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
9 NE ADC Ch. 2, § 001
Public Link:
Citation Language:
The State Purchasing Bureau shall determine the method of procurement to be utilized in the acquisition of any needed goods or services. Methods utilized include: 001.01 Competitive Formal Sealed Bids - price quotations are secured from vendors by means of a “Quotation Request” form. A minimum of fifteen days shall elapse between the time formal sealed bids are advertised or called for and the time of their opening. Bids shall be opened publicly at the time and date specified in the Quotation Request. Award shall be made to the lowest responsible bidder. 001.02 Informal Competitive Bids - price quotations are secured and documented in a manner determined to be the most appropriate for the goods or services involved. Award shall be made to the lowest responsible bidder; 001.03 Contract Procurements - the State Purchasing Bureau may enter into contract purchase agreements for certain items, groups of items or services when continuous procurement is anticipated as opposed to one-time procurements. Formal competitive bidding procedures may be utilized with award being made to the lowest responsible bidder; and 001.04 Direct Purchases - the State Purchasing Bureau may authorize an agency to purchase directly from a vendor as opposed to utilizing the services of State Purchasing. It may be determined that due to the nature of the items needed, the quantity desired, the anticipated price involved, the location of the requesting agency, time limitations or other circumstances the interests of the State will best be served by permitting direct purchase. For miscellaneous needs under $35.00, approval by State Purchasing shall not be required.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Overarching Agency
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
Statutory Guidance
Citation:
State Purchasing Bureau Policy 23-07
Citation Language:
D. Appeal to Director of Administrative Services 1. If the Awardee or the Protesting Bidder is dissatisfied with the Materiel Administrator's decision, the dissatisfied party may Appeal the decision to the Director of the Department of Administrative Services (the "DAS Director"). 2. Notice of Appeal: i. The dissatisfied party must electronically submit Notice of Appeal to the DAS Director at as.materielpurchasing@nebraska.gov within ten (10) business days after the issuance of the Materiel Administrator's decision. ii. The Notice of Appeal must assign specific error to the Materiel Administrator's decision and argue all errors assigned. iii. A dissatisfied party may only raise issues in their Notice of Appeal that were considered before the Material Administrator. 3. The DAS Director or Designee shall issue his or her decision on the Appeal within ten (10) business days after the submission of an Appeal or within five (5) business days after his or her meeting with the parties, whichever is later. If the DAS Director or Designee determines that the issues involved in the Appeal are too complex for a determination to be made within the above timeline, the DAS Director or Designee may extend this deadline by a period not to exceed thirty (30) business days. 4. The DAS Director or Designee shall review the Protest de novo on the record created before the Materiel Administrator. 5. The dissatisfied party has the burden to show the Materiel Administrator erred by a preponderance of the evidence submitted to the Materiel Administrator. 6. Meeting with the DAS Director: i. If the dissatisfied party requests a meeting in their Notice of Appeal, the DAS Director shall hold a meeting with the dissatisfied party within ten (10) business days of receiving a valid written appeal. ii. The meeting will allow the Awardee, the Protestor, and the Purchasing State Agency an opportunity to present and respond to arguments on Appeal. iii. Unless directed otherwise by the DAS Director, no party aside from the dissatisfied party is required to attend the meeting on Appeal. 7. An Appeal is not available if the Solicitation has been withdrawn or will be rebid or, in the opinion of the Materiel Administrator, the defect(s) have been cured. 8. The DAS Director may affirm the decision of the Materiel Administrator, reverse the decision of the Materiel Administrator, or provide any alternative remedy that Materiel Administrator may provide under this policy. 9. The DAS Director may appoint a Designee to review any Appeal on his or her behalf. However, when DAS is the Purchasing State Agency for an Appeal, DAS Director must appoint a Designee to review that Appeal in his or her stead. Any Designee must meet the following requirements: i. The Designee must be licensed to practice law in the State of Nebraska. ii. The Designee must not be under the direct supervision of the DAS Director or the Materiel Administrator. iii. The Designee must not be the same person who issued the initial decision on the Protest on behalf of the Materiel Administrator.
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
15 Days
Citation:
Nebraska State Procurement Manual II.B.5
Public Link 1:
https://das.nebraska.gov/materiel/docs/NE_DAS_Materiel_SPB_Procurement%20Manual2024.pdf
Citation Language:
a. The solicitation must be posted for at least fifteen (15) calendar days, unless the Materiel Administrator approves a posting for less time upon the agency's showing of a unique requirement. Neb. Rev. Stat. § 73-809. b. The solicitation must be filed with the Materiel Division "for dissemination or website access to interested vendors," but it may also be published on any public forum. Neb. Rev. Stat. § 73-807 (5).
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Full Authorization
Citation:
NE ST § 81-1118.07
Citation Language:
(1) Notwithstanding any other provision of law, the state purchasing bureau created by section 81-1118 may use a reverse auction for the acquisition of goods if the bureau determines that the use of a reverse auction would be advantageous to the state. (2) If the bureau conducts a reverse auction, the bureau shall provide notification of the intent to use the reverse auction process in the bid solicitation documents and, unless the solicitation is canceled, an award shall be made to the bidder determined by the bureau to be the lowest responsible bidder at the close of the bidding process. The bureau may require bidders to register before the opening date and time of the reverse auction. (3) The bureau may contract with a third-party vendor to conduct a reverse auction pursuant to this section. (4) The bureau may adopt and promulgate rules and regulations to implement this section. (5) For purposes of this section, reverse auction means a process in which (a) bidders compete to provide goods in an open and interactive environment, which may include the use of electronic media, (b) bids are opened and made public immediately, and (c) bidders are given opportunity to submit revised bids until the bidding process is complete.
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Public Link:
https://das.nebraska.gov/materiel/docs/NE_DAS_Materiel_SPB_Procurement%20Manual2024.pdf
Notes:
https://das.nebraska.gov/forms/index.html#AgencyInfo
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
https://das.nebraska.gov/materiel/purchase_bureau/vendor-info.html
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
Office of Chief Information Officer (OCIO) and State Central Procurement Office
Citation:
State of Nebraska Procurement Manual I.B.3.
Public Link:
https://das.nebraska.gov/materiel/docs/NE_DAS_Materiel_SPB_Procurement%20Manual2024.pdf
Citation Language:
3. Information Technology ("IT") and Communication-Related. a. The Office of the Chief Information Officer ("OCIO") must approve the acquisition of any information management item prior to any purchase. This includes computer hardware, software, and maintenance and professional services for any IT project. b. The Nebraska Information Technology Commission policy permits the OCIO to preapprove items for purchase. A copy of this policy, the criteria used in conducting reviews of information management purchases and the list of preapproved items are available at http://nitc.nebraska.gov/standards/1-204.pdf.
